fr-1996-03-29.pdf - govinfo.gov

fede

ral r

egiste

r

1

FridayMarch 29, 1996Vol. 61 No. 62

Pages 14013–14231

3–29–96

Briefings on How To Use the Federal RegisterFor information on briefings in Washington, DC andRaleigh, NC, see announcement on the inside cover ofthis issue.

II

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

The Federal Register is published in paper, 24x microfiche and asan online database through GPO Access, a service of the U.S.Government Printing Office. The online database is updated by 6a.m. each day the Federal Register is published. The databaseincludes both text and graphics from Volume 59, Number 1(January 2, 1994) forward. Free public access is available on aWide Area Information Server (WAIS) through the Internet and viaasynchronous dial-in. Internet users can access the database byusing the World Wide Web; the Superintendent of Documentshome page address is http://www.access.gpo.gov/suldocs/, byusing local WAIS client software, or by telnet toswais.access.gpo.gov, then login as guest, (no password required).Dial-in users should use communications software and modem tocall (202) 512–1661; type swais, then login as guest (no passwordrequired). For general information about GPO Access, contact theGPO Access User Support Team by sending Internet e-mail [email protected] gpo.gov; by faxing to (202) 512–1262; or bycalling (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time,Monday–Friday, except for Federal holidays.

The annual subscription price for the Federal Register paperedition is $494, or $544 for a combined Federal Register, FederalRegister Index and List of CFR Sections Affected (LSA)subscription; the microfiche edition of the Federal Registerincluding the Federal Register Index and LSA is $433. Six monthsubscriptions are available for one-half the annual rate. The chargefor individual copies in paper form is $8.00 for each issue, or $8.00for each group of pages as actually bound; or $1.50 for each issuein microfiche form. All prices include regular domestic postageand handling. International customers please add 25% for foreignhandling. Remit check or money order, made payable to theSuperintendent of Documents, or charge to your GPO DepositAccount, VISA or MasterCard. Mail to: New Orders,Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA15250–7954.There are no restrictions on the republication of material appearingin the Federal Register.

How To Cite This Publication: Use the volume number and thepage number. Example: 61 FR 12345.

SUBSCRIPTIONS AND COPIES

PUBLICSubscriptions:

Paper or ficheAssistance with public subscriptions

202–512–1800512–1806

General online information 202–512–1530Single copies/back copies:

Paper or ficheAssistance with public single copies

512–1800512–1803

FEDERAL AGENCIESSubscriptions:

Paper or ficheAssistance with Federal agency subscriptions

523–5243523–5243

For other telephone numbers, see the Reader Aids sectionat the end of this issue.

FEDERAL REGISTER WORKSHOP

THE FEDERAL REGISTER: WHAT IT IS ANDHOW TO USE IT

FOR: Any person who uses the Federal Register and Code of FederalRegulations.

WHO: Sponsored by the Office of the Federal Register.WHAT: Free public briefings (approximately 3 hours) to present:

1. The regulatory process, with a focus on the Federal Registersystem and the public’s role in the development ofregulations.

2. The relationship between the Federal Register and Code ofFederal Regulations.

3. The important elements of typical Federal Registerdocuments.

4. An introduction to the finding aids of the FR/CFR system.

WHY: To provide the public with access to information necessary toresearch Federal agency regulations which directly affect them.There will be no discussion of specific agency regulations.

2

Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996

RALEIGH, NCWHEN: April 16, 1996 at 9:00 amWHERE: Federal Building and U.S. Courthouse,

Room 209, 310 New Bern Avenue, Raleigh,NC 27601

RESERVATIONS: 1–800–688–9889

WASHINGTON, DC

WHEN: April 23, 1996 at 9:00 amWHERE: Office of the Federal Register Conference

Room, 800 North Capitol Street, NW.,Washington, DC (3 blocks north of UnionStation Metro)

RESERVATIONS: 202–523–4538

Contents Federal Register

III

Vol. 61, No. 62

Friday, March 29, 1996

Agricultural Marketing ServiceRULESGrapes grown in California, 14013

Agricultural Research ServiceNOTICESPatent licenses; non-exclusive, exclusive, or partially

exclusive:Peterson Seed Co., Inc., 14046

Agriculture DepartmentSee Agricultural Marketing ServiceSee Agricultural Research ServiceSee Animal and Plant Health Inspection ServiceSee Forest ServiceNOTICESEmergency declarations:

Arizona et al.—Karnal bunt disease, 14046

Air Force DepartmentNOTICESAgency information collection activities:

Proposed collection; comment request, 14088

Alcohol, Tobacco and Firearms BureauNOTICESAgency information collection activities:

Proposed collection; comment request, 14202–14204

Animal and Plant Health Inspection ServiceNOTICESEnvironmental statements; availability, etc.:

Veterinary services program, 14046–14047

Blind or Severely Disabled, Committee for Purchase FromPeople Who Are

See Committee for Purchase From People Who Are Blind orSeverely Disabled

Bonneville Power AdministrationNOTICESExcess federal power; marketing policy; comment request,

14089–14093Floodplain and wetlands protection; environmental review

determinations; availability, etc.:Kalispel Tribe Resident Fish Project, WA, 14093

Centers for Disease Control and PreventionNOTICESMeetings:

Public Health Service Activities and Research at DOESites Citizens Advisory Committee, 14103

Coast GuardRULESRegattas and marine parades:

Seventeenth Annual Safety at Sea Seminar, 14025

Commerce DepartmentSee Economic Development AdministrationSee Export Administration Bureau

See International Trade AdministrationSee National Oceanic and Atmospheric Administration

Committee for Purchase From People Who Are Blind orSeverely Disabled

NOTICESProcurement list; additions and deletions, 14087–14088

Customs ServiceNOTICESUruguay Round Agreements Act (URAA):

Foreign entities violating textile transshipment rules; list,14204–14206

Defense DepartmentSee Air Force DepartmentPROPOSED RULESFederal Acquisition Regulation (FAR):

Contractor overhead certification, 14216

Drug Enforcement AdministrationRULESDomestic Chemical Diversion Control Act of 1993;

implementation:List I chemicals; manufacturers, distributors, importers,

and exporters; registration—Manufacturer reporting requirements, 14022–14024

Economic Development AdministrationNOTICESTrade adjustment assistance eligibility determination

petitions:Boston Precision Parts Co., Inc., et al., 14048

Employment Standards AdministrationSee Wage and Hour DivisionNOTICESMinimum wages for Federal and federally-assisted

construction; general wage determination decisions,14163–14164

Energy DepartmentSee Bonneville Power AdministrationSee Federal Energy Regulatory CommissionNOTICESMeetings:

Environmental Management Site-Specific AdvisoryBoard—

Los Alamos National Laboratory, 14088–14089Patent licenses; non-exclusive, exclusive, or partially

exclusive:Eclipse Energy Systems Inc., 14089

Environmental Protection AgencyRULESAir pollution; standards of performance for new stationary

sources:Industrial-commercial-institutional steam generating

units—Louisiana, 14029–14031

IV Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Contents

Water programs:Oil discharge program; editorial revisions; Federal

regulatory reformCorrection, 14031–14032

PROPOSED RULESPesticide programs:

Worker protection standards—Decontamination supplies; notification to Agriculture

Secretary, 14040–14041Warning signs; standard language and size

requirements; notification to Agriculture Secretary,14041

NOTICESEnvironmental statements; availability, etc.:

Agency statements—Comment availability, 14097–14098Weekly receipts, 14097

Pesticide, food, and feed additive petitions:Trichoderma harzianum Rifai strain KRL-AG2, 14098–

14099

Export Administration BureauNOTICESMeetings:

Materials Processing Equipment Technical AdvisoryCommittee, 14048–14049

Federal Aviation AdministrationRULESAirworthiness directives:

Dornier, Z016–14017Fokker, 14013–14016

Standard instrument approach procedures, 14017–14021PROPOSED RULESAirworthiness directives:

Boeing, 14034–14035NOTICESEnvironmental statements; availability, etc.:

Ft. Lauderdale-Hollywood International Airport, FL,14190–14191

Exemption petitions; summary and disposition, 14191–14192

Meetings:RTCA, Inc., 14192

Federal Communications CommissionRULESRadio stations; table of assignments:

Mississippi et al., 14032PROPOSED RULESCommunications equipment:

Radio frequency devices—Vehicle radar systems and radio astronomy operations;

protection from interference; use of frequencybands above 40 GHz restricted, 14041–14042

Radio stations; table of assignments:Alaska, 14042–14043Colorado, 14043Hawaii, 14043New Mexico, 14042

Television stations; table of assignments:Wisconsin, 14043–14044

NOTICESAgency information collection activities:


Federal Energy Regulatory CommissionNOTICESEnvironmental statements; availability, etc.:

Hamilton, OH, 14093–14094Hydroelectric applications, 14094–14095Natural gas certificate filings:

Distrigras of Massachusetts Corp. et al., 14095–14097Applications, hearings, determinations, etc.:

Central Nebraska Public Power & Irrigation District et al.,14093

Puget Sound Power & Light Co., 14093

Federal Highway AdministrationNOTICESMotor carrier safety standards:

Commercial driver’s license; temporary waiver; TrekkingInternational Overland Expedition, 14193–14194

Federal Maritime CommissionRULESOrganization, functions, and authority delegations:

Economics and Agreement Analysis Bureau, DirectorCorrection, 14032

Federal Reserve SystemNOTICESBanks and bank holding companies:

Formations, acquisitions, and mergers, 14100Meetings; Sunshine Act, 14100

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

New drug applications—Nicarbazin and bacitracin methylene disalicylate;

correction, 14021–14022NOTICESFood additive petitions:

Milliken & Co., 14103–14104

Forest ServiceNOTICESMeetings:

Intergovernmental Advisory Committee, 14047Oregon Coast Provincial Advisory Committee, 14047–

14048

General Services AdministrationRULESAcquisition regulations:

Commercial itemsCorrection, 14032–14033

PROPOSED RULESFederal Acquisition Regulation (FAR):

Contractor overhead certification, 14216NOTICESCommercial antennas; placement on Federal property,

14100–14102

Health and Human Services DepartmentSee Centers for Disease Control and PreventionSee Food and Drug AdministrationSee National Institutes of HealthSee Public Health ServiceNOTICESMeetings:

Dietary Supplement Labels Commission, 14102–14103

VFederal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Contents

Housing and Urban Development DepartmentRULESEqual employment opportunity; policies and procedures;

Federal regulatory review, 14226–14231NOTICESGrant and cooperative agreement awards:

Public and Indian housing—Comprehensive improvement assistance program,

14108–14114Grants and cooperative agreements; availability, etc.:

Facilities to assist homeless—Excess and surplus Federal property, 14114–14157

Public and Indian housing—Traditional Indian housing development program,

14218–14223

Interior DepartmentSee Land Management BureauSee Minerals Management ServiceSee National Park ServiceSee Surface Mining Reclamation and Enforcement OfficeNOTICESCentral Utah Water Conservancy District:

Unitah Unit, Central Utah project; irrigation watercontract negotiation, 14158

Upalco Unit, Central Utah project; irrigation watercontract negotiation, 14158

Internal Revenue ServiceNOTICESAgency information collection activities:

Proposed collection; comment request, 14206–14208Inflation adjustment factor and reference prices:

Renewable electricity production credit, 14208

International Trade AdministrationNOTICESAntidumping:

Corrosion-resistant carbon steel flat products from—Australia, 14049–14057

Forged stainless steel flanges from—India, 14073–14075

Polyvinyl alcohol from—China, 14057–14063Japan, 14063–14064Taiwan, 14064–14073

Tapered roller bearings and parts from—China, 14075–14076

Countervailing duties:Leather wearing apparel from—

Mexico, 14076–14077Export trade certificates of review, 14077–14079

Justice DepartmentSee Drug Enforcement Administration

Labor DepartmentSee Employment Standards AdministrationSee Wage and Hour Division

Land Management BureauNOTICESClosure of public lands:

Oregon, 14158Wyoming, 14159

Environmental statements; availability, etc.:Phillips County, MT; Zortman and Landusky mines

reclamation plan modifications and mine lifeextensions, 14159–14160

Meetings:Green River Basin Advisory Committee, 14160Resource advisory councils—

Bakersfield, CA, 14160–14161Sierra Front/Northwest Great Basin Resource Advisory

Council, 14161Realty actions; sales, leases, etc.:

Arizona, 14161Colorado, 14161

Minerals Management ServiceNOTICESOuter Continental Shelf operations:

Oil and gas leases; bid adequacy proceduresmodification, 14162

National Aeronautics and Space AdministrationPROPOSED RULESFederal Acquisition Regulation (FAR):

Contractor overhead certification, 14216

National Highway Traffic Safety AdministrationPROPOSED RULESMotor vehicle safety standards:

Lamps, reflective devices, and associated equipment—Front amber turn signal bulbs; aftermarket sales

requirement; petition denied, 14044Reflex reflector standard update; petition denied,

14044–14045NOTICESChild safety seats, purchase and distribution; agreement

between General Motors and DOT; qualificationcertification criteria, 14194–14199

National Institutes of HealthNOTICESMeetings:

National Cancer Institute, 14104National Heart, Lung, and Blood Institute, 14104–14105National Institute of Diabetes and Digestive and Kidney

Diseases, 14105–14106, 14106–14107National Institute of Environmental Health Sciences,

14105National Institute of Mental Health, 14105National Institute of Neurological Disorders and Stroke,

14106National Institute on Deafness and Other Communication

Disorders, 14105National Library of Medicine, 14107Research Grants Division special emphasis panels, 14107

National Oceanic and Atmospheric AdministrationNOTICESCoastal zone management programs and estuarine

sanctuaries:State programs—

Intent to evaluate performance, 14079Meetings

Pacific Fishery Management Council, 14079National Weather Service; modernization and restructuring:

Weather Service and Forecast Offices; consolidations,14079–14087

National Park ServiceNOTICESMeetings:

Jean Lafitte National Historical Park and Preserve, LA;draft Barataria boundary study, 14162

VI Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Contents

Nuclear Regulatory CommissionNOTICESApplications, hearings, determinations, etc.:

Georgia Institute of Technology, 14164

Occupational Safety and Health Review CommissionRULESFreedom of Information Act; implementation, 14024–14025

Pension Benefit Guaranty CorporationNOTICESAgency information collection activities:

Submission for OMB review; comment request, 14164–14165

Postal ServiceRULESInternational Mail Manual:

Global Priority Mail—Expansion, 14025–14029

Public Health ServiceSee Centers for Disease Control and PreventionSee Food and Drug AdministrationSee National Institutes of HealthNOTICESGrants and cooperative agreements; availability, etc.:

Family planning service training program, 14212–14214

Research and Special Programs AdministrationNOTICESHazardous materials:

Applications; exemptions, renewals, etc., 14200

Securities and Exchange CommissionNOTICESMeetings; Sunshine Act, 14165Self-regulatory organizations; proposed rule changes:

American Stock Exchange, Inc., 14165–14168American Stock Exchange, Inc., et al., 14168–14177Chicago Board Options Exchange, Inc., et al., 14177–

14182National Association of Securities Dealers, Inc., 14182–

14183New York Stock Exchange, Inc., 14183–14187Philadelphia Stock Exchange, Inc., 14187–14189

Social Security AdministrationNOTICESAgency information collection activities:


Surface Mining Reclamation and Enforcement OfficePROPOSED RULESPermanent program and abandoned mine land reclamation

plan submissions:Illinois, 14039–14040

Surface Transportation BoardNOTICESDemurrage; exemption from regulation, 14200Railroad operation, acquisition, construction, etc.:

Claussen, H. Peter, et al., 14200Railroad services abandonment:

Union Pacific Railroad Co., 14200–14201

Thrift Supervision OfficeNOTICESApplications, hearings, determinations, etc.:

First Federal Savings & Loan Association of Herrin,14208

Lexington Building & Loan Association, F.A., 14208

Transportation DepartmentSee Coast GuardSee Federal Aviation AdministrationSee Federal Highway AdministrationSee National Highway Traffic Safety AdministrationSee Research and Special Programs AdministrationSee Surface Transportation Board

Treasury DepartmentSee Alcohol, Tobacco and Firearms BureauSee Customs ServiceSee Internal Revenue ServiceSee Thrift Supervision OfficeNOTICESAgency information collection activities:

Submission for OMB review; comment request, 14201

Veterans Affairs DepartmentNOTICESMeetings:

Medical Research Service Cooperative Studies EvaluationCommittee, 14209

Wage and Hour DivisionPROPOSED RULESMigrant and seasonal agricultural worker protection:

Employ, independent contractor and joint employment,definitions, 14035–14039

Separate Parts In This Issue

Part IIHealth and Human Services Department, Public Health

Service, 14212–14214

Part IIIDepartment of Defense, General Services Administration,

National Aeronautics and Space Administration, 14216

Part IVHousing and Urban Development Department, 14218–14223

Part VHousing and Urban Development Department, 14226–14231

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. 62 / Friday, March 29, 1996 / Contents

7 CFR925...................................14013

14 CFR39 (3 documents) ...........14013,

14014, 1401697 (3 documents) ...........14017,

14018, 14020Proposed Rules:39.....................................14034

21 CFR558...................................140211310.................................14022

24 CFR7.......................................14226

29 CFR2201.................................14024Proposed Rules:500...................................14035

30 CFRProposed Rules:913...................................14039

33 CFR100...................................14025

39 CFR20.....................................14025

40 CFR60.....................................14029110...................................14031Proposed Rules:170 (2 documents) .........14040,

14041

46 CFR501...................................14032

47 CFR73.....................................14032Proposed Rules:2.......................................1404115.....................................1404173 (5 documents) ...........14042,

1404397.....................................14041

48 CFR501...................................14032504...................................14032511...................................14032512...................................14032515...................................14032552...................................14032Proposed Rules:31.....................................14216

49 CFRProposed Rules:571 (2 documents) ..........14044

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

14013

Vol. 61, No. 62


DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 925

[Docket No. FV95–925–1C]

Grapes Grown in a Designated Area ofSoutheastern California; Interim FinalRule To Revise ContainerRequirementsAGENCY: Agricultural Marketing Service,USDA.ACTION: Correction to interim final rule.

SUMMARY: This document contains acorrection to the interim final rulepublished on March 19, 1996 [61 FR11127] concerning grapes grown inSoutheastern California.EFFECTIVE DATE: March 19, 1996.FOR FURTHER INFORMATION CONTACT:Charles L. Rush, Marketing OrderAdministration Branch, Fruit andVegetable Division, AMS, USDA, P.O.Box 96456, room 2526–S, Washington,DC 20090–6456, telephone (202) 690–3670; or Rose M. Aguayo, CaliforniaMarketing Field Office, Marketing OrderAdministration Branch, Fruit andVegetable Division, AMS, USDA, 2202Monterey Street, Suite 102B, Fresno,California 93721; telephone (209) 487–5901.

SUPPLEMENTARY INFORMATION:

BackgroundThis rule adds two new containers to

the list of containers authorized for useby table grape handlers regulated underthe marketing order. This rule alsoreduces the minimum net weight ofcontainers of California table grapesfrom 22 pounds to 20 pounds and forgrapes packed in poly bags from 20pounds to 18 pounds.

Need for CorrectionThe interim final rule as published

contains an error in the amendatorylanguage affecting 7 CFR part 925.

Correction of Publication

Accordingly, in FR Doc. 96–6348,published March 19, 1996, page 11129,amendatory language number 2, iscorrected to read as follows:

§ 925.304 [Corrected]

2. In § 925.304, paragraph (b)(2) isrevised and paragraphs (b)(1)(vi) and(b)(1)(vii) are redesignated as paragraphs(b)(1)(viii) and (b)(1)(ix) and newparagraphs (b)(1)(vi) and (b)(1)(vii) areadded to read as follows:

Dated: March 25, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–7653 Filed 3–28–96; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39[Docket No. 95–NM–70–AD; Amendment39–9553; AD 96–07–04]

Airworthiness Directives; FokkerModel F27 Mark 050 and Model F28Mark 0100 Series AirplanesAGENCY: Federal AviationAdministration, DOT.ACTION: Final rule.

SUMMARY: This amendment adopts anew airworthiness directive (AD),applicable to certain Fokker Model F27Mark 050 and Model F28 Mark 0100series airplanes, that requires aninspection to verify that adequateclearance exists between the insulationscreen and the two adjacent terminalbolts, and replacement of the circuitbreaker terminal bolts with new bolts, ifnecessary. This amendment is promptedby a report that circuit breaker terminalbolts that were too long were discoveredinstalled in the circuit breaker panels.The actions specified by this AD areintended to prevent damage to theinsulation screen between adjacent rowsof circuit breakers, as the result of acircuit breaker terminal bolt being toolong; this condition could lead toelectrical arcing and loss of theassociated electrical system, whichcould result in the potential for anelectrical fire.DATES: Effective April 29, 1996.

The incorporation by reference ofcertain publications listed in theregulations is approved by the Directorof the Federal Register as of April 29,1996.ADDRESSES: The service informationreferenced in this AD may be obtainedfrom Fokker Aircraft USA, Inc., 1199North Fairfax Street, Alexandria,Virginia 22314. This information may beexamined at the Federal AviationAdministration (FAA), TransportAirplane Directorate, Rules Docket,1601 Lind Avenue, SW., Renton,Washington; or at the Office of theFederal Register, 800 North CapitolStreet, NW., suite 700, Washington, DC.FOR FURTHER INFORMATION CONTACT: TimDulin, Aerospace Engineer,Standardization Branch, ANM–113,FAA, Transport Airplane Directorate,1601 Lind Avenue SW., Renton,Washington 98055–4056; telephone(206) 227–2141; fax (206) 227–1149.SUPPLEMENTARY INFORMATION: Aproposal to amend part 39 of the FederalAviation Regulations (14 CFR part 39) toinclude an airworthiness directive (AD)that is applicable to certain FokkerModel F27 Mark 050 and Model F28Mark 0100 series airplanes waspublished in the Federal Register onNovember 28, 1995 (60 FR 58584). Thataction proposed to require a one-timeinspection to verify that adequateclearance exists between the insulationscreen and the two adjacent terminalbolts, and replacement of the circuitbreaker terminal bolts with new bolts, ifnecessary.

Interested persons have been affordedan opportunity to participate in themaking of this amendment. Dueconsideration has been given to thesingle comment received.

The commenter supports theproposed rule.

After careful review of the availabledata, including the comment notedabove, the FAA has determined that airsafety and the public interest require theadoption of the rule as proposed.

The FAA estimates that 44 Model F28Mark 0100 series airplanes of U.S.registry will be affected by this AD, thatit will take approximately 1 work hourper airplane to accomplish the requiredactions, and that the average labor rateis $60 per work hour. Based on thesefigures, the cost impact of the AD onU.S. operators of Model F28 Mark 0100

14014 Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Rules and Regulations

series airplanes is estimated to be$2,640, or $60 per airplane.

Should an operator of Model F28Mark 0100 series airplanes be requiredto accomplish the necessary boltreplacement, it will take approximately7 work hours per airplane to accomplishthe replacement, at an average labor rateof $60 per work hour. Required partswill cost approximately $100 perairplane. Based on these figures, the costimpact of any necessary replacementaction is estimated to be $520 perairplane.

The cost impact figure discussedabove is based on assumptions that nooperator has yet accomplished any ofthe requirements of this AD action, andthat no operator would accomplishthose actions in the future if this ADwere not adopted.

Currently there are no Fokker ModelF27 Mark 050 series airplanes on theU.S. Register. However, should anaffected airplane be imported andplaced on the U.S. Register in the future,it will take approximately 1 work hourper airplane to accomplish the requiredinspection, at an average labor rate of$60 per work hour. Based on thesefigures, the impact of the requiredinspection on operators of Model F27Mark 050 series airplanes will be $60per airplane.

Should an operator of Model F27Mark 050 series airplanes be required toaccomplish the necessary boltreplacement, it will take approximately17 work hours per airplane toaccomplish the replacement, at anaverage labor rate of $60 per work hour.Required parts will cost approximately$150 per airplane. Based on thesefigures, the cost impact of any necessaryreplacement action is estimated to be$1,170 per airplane.

The regulations adopted herein willnot have substantial direct effects on theStates, on the relationship between thenational government and the States, oron the distribution of power andresponsibilities among the variouslevels of government. Therefore, inaccordance with Executive Order 12612,it is determined that this final rule doesnot have sufficient federalismimplications to warrant the preparationof a Federalism Assessment.

For the reasons discussed above, Icertify that this action (1) is not a‘‘significant regulatory action’’ underExecutive Order 12866; (2) is not a‘‘significant rule’’ under DOTRegulatory Policies and Procedures (44FR 11034, February 26, 1979); and (3)will not have a significant economicimpact, positive or negative, on asubstantial number of small entitiesunder the criteria of the Regulatory

Flexibility Act. A final evaluation hasbeen prepared for this action and it iscontained in the Rules Docket. A copyof it may be obtained from the RulesDocket at the location provided underthe caption ADDRESSES.

List of Subjects in 14 CFR Part 39Air transportation, Aircraft, Aviation

safety, Incorporation by reference,Safety.

Adoption of the AmendmentAccordingly, pursuant to the

authority delegated to me by theAdministrator, the Federal AviationAdministration amends part 39 of theFederal Aviation Regulations (14 CFRpart 39) as follows:

PART 39—AIRWORTHINESSDIRECTIVES

1. The authority citation for part 39continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]2. Section 39.13 is amended by

adding the following new airworthinessdirective:96–07–04 Fokker: Amendment 39–9553.

Docket 95–NM–70–AD.Applicability: Model F27 Mark 050 series

airplanes having serial numbers 20247through 20292 inclusive, and 20294 through20297 inclusive; and Model F28 Mark 0100series airplanes having serial numbers 11390through 11479 inclusive; certificated in anycategory.

Note 1: This AD applies to each airplaneidentified in the preceding applicabilityprovision, regardless of whether it has beenmodified, altered, or repaired in the areasubject to the requirements of this AD. Forairplanes that have been modified, altered, orrepaired so that the performance of therequirements of this AD is affected, theowner/operator must request approval for analternative method of compliance inaccordance with paragraph (b) of this AD.The request should include an assessment ofthe effect of the modification, alteration, orrepair on the unsafe condition addressed bythis AD; and, if the unsafe condition has notbeen eliminated, the request should includespecific proposed actions to address it.

Compliance: Required as indicated, unlessaccomplished previously.

To prevent electrical arcing andsubsequent loss of the associated electricalsystem, which could result in the potentialfor an electrical fire, accomplish thefollowing:

(a) Within 12 months after the effectivedate of this AD, perform an inspection toverify if adequate clearance exists betweenthe insulation screen and the two adjacentterminal bolts in accordance with FokkerService Bulletin SBF100–20–001, datedJanuary 15, 1994 (for Model F28 Mark 0100series airplanes), or Fokker Service BulletinSBF50–20–003, dated January 11, 1994 (for

Model F27 Mark 050 series airplanes), asapplicable.

(1) If adequate clearance is found, nofurther action is required by this AD.

(2) If inadequate clearance is found, priorto further flight, replace the circuit breakerterminal bolts with new bolts in accordancewith the applicable service bulletin.

(b) An alternative method of compliance oradjustment of the compliance time thatprovides an acceptable level of safety may beused if approved by the Manager,Standardization Branch, ANM–113, FAA,Transport Airplane Directorate. Operatorsshall submit their requests through anappropriate FAA Principal MaintenanceInspector, who may add comments and thensend it to the Manager, StandardizationBranch, ANM–113.

Note 2: Information concerning theexistence of approved alternative methods ofcompliance with this AD, if any, may beobtained from the Standardization Branch,ANM–113.

(c) Special flight permits may be issued inaccordance with sections 21.197 and 21.199of the Federal Aviation Regulations (14 CFR21.197 and 21.199) to operate the airplane toa location where the requirements of this ADcan be accomplished.

(d) The inspection and replacement shallbe done in accordance with Fokker ServiceBulletin SBF100–20–001, dated January 15,1994, or Fokker Service Bulletin SBF50–20–003, dated January 11, 1994, as applicable.This incorporation by reference wasapproved by the Director of the FederalRegister in accordance with 5 U.S.C. 552(a)and 1 CFR part 51. Copies may be obtainedfrom Fokker Aircraft USA, Inc., 1199 NorthFairfax Street, Alexandria, Virginia 22314.Copies may be inspected at the FAA,Transport Airplane Directorate, 1601 LindAvenue, SW., Renton, Washington; or at theOffice of the Federal Register, 800 NorthCapitol Street, NW., suite 700, Washington,DC.

(e) This amendment becomes effective onApril 29, 1996.

Issued in Renton, Washington, on March21, 1996.Darrell M. Pederson,Acting Manager, Transport AirplaneDirectorate, Aircraft Certification Service.[FR Doc. 96–7400 Filed 3–28–96; 8:45 am]BILLING CODE 4910–13–P

14 CFR Part 39

[Docket No. 95–NM–86–AD; Amendment39–9555; AD 96–07–06]

Airworthiness Directives; FokkerModel F28 Mark 0100 Series Airplanes

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

SUMMARY: This amendment adopts anew airworthiness directive (AD),applicable to certain Fokker Model F28Mark 0100 series airplanes, that requires

14015Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Rules and Regulations

inspection(s) to verify that the positionindicator of the fuel balance transfervalve (FBTV) is in the closed position,and closing the FBTV, if necessary; anddeactivation of the fuel balance transfersystem (FBTS). This amendment isprompted by a report that, under certainfailure conditions, the actuator of theFBTV could remain in the open positionwithout a flight deck indication. Theactions specified by this AD areintended to ensure that the FBTV is notin the open position during flight,which could lead to the reduction offuel supply to the engines during cross-feed operation and consequent enginefuel starvation.DATES: Effective April 29, 1996.

The incorporation by reference ofcertain publications listed in theregulations is approved by the Directorof the Federal Register as of April 29,1996.ADDRESSES: The service informationreferenced in this AD may be obtainedfrom Fokker Aircraft USA, Inc., 1199North Fairfax Street, Alexandria,Virginia 22314. This information may beexamined at the Federal AviationAdministration (FAA), TransportAirplane Directorate, Rules Docket,1601 Lind Avenue SW., Renton,Washington; or at the Office of theFederal Register, 800 North CapitolStreet NW., suite 700, Washington, DC.FOR FURTHER INFORMATION CONTACT: TimDulin, Aerospace Engineer,Standardization Branch, ANM–113,FAA, Transport Airplane Directorate,1601 Lind Avenue SW., Renton,Washington 98055–4056; telephone(206) 227–2141; fax (206) 227–1149.SUPPLEMENTARY INFORMATION: Aproposal to amend part 39 of the FederalAviation Regulations (14 CFR part 39) toinclude an airworthiness directive (AD)that is applicable to certain FokkerModel F28 Mark 0100 series airplaneswas published in the Federal Registeron December 11, 1995 (60 FR 63470).That action proposed to requireinspection(s) to verify that the positionindicator of the fuel balance transfervalve (FBTV) is in the closed position,and closing the FBTV, if necessary; anddeactivation of the fuel balance transfersystem (FBTS).



After careful review of the availabledata, including the comment notedabove, the FAA has determined that air

safety and the public interest require theadoption of the rule as proposed.

The FAA estimates that 4 airplanes ofU.S. registry will be affected by this AD,that it will take approximately 4 workhours per airplane to accomplish therequired actions, and that the averagelabor rate is $60 per work hour.Required parts will cost approximately$250 per airplane. Based on thesefigures, the cost impact of the AD onU.S. operators is estimated to be $1,960,or $490 per airplane.

The cost impact figure discussedabove is based on assumptions that nooperator has yet accomplished any ofthe requirements of this AD action, andthat no operator would accomplishthose actions in the future if this ADwere not adopted.

The regulations adopted herein willnot have substantial direct effects on theStates, on the relationship between thenational government and the States, oron the distribution of power andresponsibilities among the variouslevels of government. Therefore, inaccordance with Executive Order 12612,it is determined that this final rule doesnot have sufficient federalismimplications to warrant the preparationof a Federalism Assessment.

For the reasons discussed above, Icertify that this action (1) is not a‘‘significant regulatory action’’ underExecutive Order 12866; (2) is not a‘‘significant rule’’ under DOTRegulatory Policies and Procedures (44FR 11034, February 26, 1979); and (3)will not have a significant economicimpact, positive or negative, on asubstantial number of small entitiesunder the criteria of the RegulatoryFlexibility Act. A final evaluation hasbeen prepared for this action and it iscontained in the Rules Docket. A copyof it may be obtained from the RulesDocket at the location provided underthe caption ADDRESSES.







Authority: 49 U.S.C. 106(g), 40113, 44701.


adding the following new airworthinessdirective:96–07–06 Fokker: Amendment 39–9555.

Docket 95–NM–86–AD.Applicability: Model F28 Mark 0100 series

airplanes, as listed in Fokker Service BulletinSBF100–28–030, Revision 1, dated December5, 1994; certificated in any category.

Note 1: This AD applies to each airplaneidentified in the preceding applicabilityprovision, regardless of whether it has beenmodified, altered, or repaired in the areasubject to the requirements of this AD. Forairplanes that have been modified, altered, orrepaired so that the performance of therequirements of this AD is affected, theowner/operator must request approval for analternative method of compliance inaccordance with paragraph (c) of this AD.The request should include an assessment ofthe effect of the modification, alteration, orrepair on the unsafe condition addressed bythis AD; and, if the unsafe condition has notbeen eliminated, the request should includespecific proposed actions to address it.


To prevent the reduction of fuel supply tothe engines during cross-feed operation,which could lead to engine fuel starvation,accomplish the following:

(a) After the effective date of this AD,whenever the fuel balance transfer system(FBTS) is used during maintenance, prior tofurther flight, perform an inspection to verifythat the position indicator of the fuel balancetransfer valve (FBTV) is in the closedposition, in accordance with Fokker ServiceBulletin SBF100–28–030, Revision 1, datedDecember 5, 1994. The inspectionrequirements of this paragraph must beaccomplished until the deactivation requiredby paragraph (b) of this AD is accomplished.

(1) If the position indicator is in the closedposition, no further action is required by thisparagraph.

(2) If the position indicator is in the openposition, close the FBTV in accordance withthe service bulletin.

(b) Within 90 days after the effective dateof this AD, deactivate the FBTS inaccordance with either Part 2 or Part 3 of theAccomplishment Instructions of FokkerService Bulletin SBF100–28–030, Revision 1,dated December 5, 1994, as applicable.Accomplishment of the deactivationconstitutes terminating action for therepetitive inspection requirements ofparagraph (a) of this AD.

(c) An alternative method of compliance oradjustment of the compliance time thatprovides an acceptable level of safety may beused if approved by the Manager,Standardization Branch, ANM–113, FAA,Transport Airplane Directorate. Operatorsshall submit their requests through anappropriate FAA Principal MaintenanceInspector, who may add comments and thensend it to the Manager, StandardizationBranch, ANM–113.

Note 2: Information concerning theexistence of approved alternative methods of


compliance with this AD, if any, may beobtained from the Standardization Branch,ANM–113.

(d) Special flight permits may be issued inaccordance with sections 21.197 and 21.199of the Federal Aviation Regulations (14 CFR21.197 and 21.199) to operate the airplane toa location where the requirements of this ADcan be accomplished.

(e) The actions shall be done in accordancewith Fokker Service Bulletin SBF100–28–030, Revision 1, dated December 5, 1994,which contains the following list of effectivepages:

Page No.Revision level

shown onpage

Date shownon page

1–3, 5, 8, 10 . 1 ................... December 5,1994.

4, 6, 7, 9 ....... Original ........ August 28,1994.

This incorporation by reference wasapproved by the Director of the FederalRegister in accordance with 5 U.S.C. 552(a)and 1 CFR part 51. Copies may be obtainedfrom Fokker Aircraft USA, Inc., 1199 NorthFairfax Street, Alexandria, Virginia 22314.Copies may be inspected at the FAA,Transport Airplane Directorate, 1601 LindAvenue, SW., Renton, Washington; or at theOffice of the Federal Register, 800 NorthCapitol Street NW., suite 700, Washington,DC.

(f) This amendment becomes effective onApril 29, 1996.


14 CFR Part 39

[Docket No. 95–NM–136–AD; Amendment39–9554; AD 96–07–05]

Airworthiness Directives; DornierModel 328–100 Series Airplanes

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

SUMMARY: This amendment adopts anew airworthiness directive (AD),applicable to certain Dornier Model328–100 series airplanes, that requiresinstallation of a reinforcement doubleron the rudder skin. This amendment isprompted by the results of a designreview of this airplane model thatrevealed inadequate structural strengthof the attachment fitting of the rudderdamper and of the adjacent structure.The actions specified by this AD areintended to prevent failure of theattachment structure of the rudder

damper in the event of aerodynamicgust loads, as the result of inadequatestructural strength of the subjectstructure.DATES: Effective April 29, 1996.

The incorporation by reference ofcertain publications listed in theregulations is approved by the Directorof the Federal Register as of April 29,1996.ADDRESSES: The service informationreferenced in this AD may be obtainedfrom Dornier Luftfahrt GmbH, P.O. Box1103, D–82230 Wessling, Germany. Thisinformation may be examined at theFederal Aviation Administration (FAA),Transport Airplane Directorate, RulesDocket, 1601 Lind Avenue SW., Renton,Washington; or at the Office of theFederal Register, 800 North CapitolStreet NW., suite 700, Washington, DC.FOR FURTHER INFORMATION CONTACT: GaryLium, Aerospace Engineer,Standardization Branch, ANM–113,FAA, Transport Airplane Directorate,1601 Lind Avenue, SW., Renton,Washington 98055–4056; telephone(206) 227–1112; fax (206) 227–1149.SUPPLEMENTARY INFORMATION: Aproposal to amend part 39 of the FederalAviation Regulations (14 CFR part 39) toinclude an airworthiness directive (AD)that is applicable to certain DornierModel 328–100 series airplanes waspublished in the Federal Register onJanuary 3, 1996 (61 FR 133). That actionproposed to require installation of areinforcement doubler on the rudderskin.



After careful review of the availabledata, including the comment notedabove, the FAA has determined that airsafety and the public interest require theadoption of the rule as proposed.

The FAA estimates that 12 airplanesof U.S. registry will be affected by thisAD, that it will take approximately 2work hours per airplane to accomplishthe required actions, and that theaverage labor rate is $60 per work hour.Required parts will be supplied by themanufacturer at no cost to operators.Based on these figures, the cost impactof the AD on U.S. operators is estimatedto be $1,440, or $120 per airplane.

The cost impact figure discussedabove is based on assumptions that nooperator has yet accomplished any ofthe requirements of this AD action, andthat no operator would accomplish

those actions in the future if this ADwere not adopted.

The regulations adopted herein willnot have substantial direct effects on theStates, on the relationship between thenational government and the States, oron the distribution of power andresponsibilities among the variouslevels of government.

Therefore, in accordance withExecutive Order 12612, it is determinedthat this final rule does not havesufficient federalism implications towarrant the preparation of a FederalismAssessment.

For the reasons discussed above, Icertify that this action (1) is not a‘‘significant regulatory action’’ underExecutive Order 12866; (2) is not a‘‘significant rule’’ under DOTRegulatory Policies and Procedures (44FR 11034, February 26, 1979); and (3)will not have a significant economicimpact, positive or negative, on asubstantial number of small entitiesunder the criteria of the RegulatoryFlexibility Act. A final evaluation hasbeen prepared for this action and it iscontained in the Rules Docket. A copyof it may be obtained from the RulesDocket at the location provided underthe caption ADDRESSES.







Authority: 49 U.S.C. 106(g), 40113, 44701.


adding the following new airworthinessdirective:96–07–05 Dornier: Amendment 39–9554.

Docket 95–NM–136–AD.Applicability: Model 328–100 series

airplanes, serial numbers 3005 through 3024inclusive; certificated in any category.

Note 1: This AD applies to each airplaneidentified in the preceding applicabilityprovision, regardless of whether it has beenmodified, altered, or repaired in the areasubject to the requirements of this AD. Forairplanes that have been modified, altered, orrepaired so that the performance of therequirements of this AD is affected, the


owner/operator must request approval for analternative method of compliance inaccordance with paragraph (b) of this AD.The request should include an assessment ofthe effect of the modification, alteration, orrepair on the unsafe condition addressed bythis AD; and, if the unsafe condition has notbeen eliminated, the request should includespecific proposed actions to address it.


To prevent failure of the attachmentstructure of the rudder damper in the eventof aerodynamic gust loads, accomplish thefollowing:

(a) Within 6 months after the effective dateof this AD, install a reinforcement doubler onthe rudder skin in accordance with DornierService Bulletin SB–328–27–063, Revision 1,dated January 26, 1995.

(b) An alternative method of compliance oradjustment of the compliance time thatprovides an acceptable level of safety may beused if approved by the Manager,Standardization Branch, ANM–113, FAA,Transport Airplane Directorate. Operatorsshall submit their requests through anappropriate FAA Principal MaintenanceInspector, who may add comments and thensend it to the Manager, StandardizationBranch, ANM–113.

Note 2: Information concerning theexistence of approved alternative methods ofcompliance with this AD, if any, may beobtained from the Standardization Branch,ANM–113.


(d) The installation shall be done inaccordance with Dornier Service BulletinSB–328–27–063, Revision 1, dated January26, 1995. This incorporation by reference wasapproved by the Director of the FederalRegister in accordance with 5 U.S.C. 552(a)and 1 CFR part 51. Copies may be obtainedfrom Dornier Luftfahrt GmbH, P.O. Box 1103,D–82230 Wessling, Germany. Copies may beinspected at the FAA, Transport AirplaneDirectorate, 1601 Lind Avenue SW., Renton,Washington; or at the Office of the FederalRegister, 800 North Capitol Street NW., suite700, Washington, DC.

(e) This amendment becomes effective onApril 29, 1996.


14 CFR Part 97

[Docket No. 28508; Amdt. No. 1718]

Standard Instrument ApproachProcedures; MiscellaneousAmendments

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

SUMMARY: This amendment establishes,amends, suspends, or revokes StandardInstrument Approach Procedures(SIAPs) for operations at certainairports. These regulatory actions areneeded because of the adoption of newor revised criteria, or because of changesoccurring in the National AirspaceSystem, such as the commissioning ofnew navigational facilities, addition ofnew obstacles, or changes in air trafficrequirements. These changes aredesigned to provide safe and efficientuse of the navigable airspace and topromote safe flight operations underinstrument flight rules at the affectedairports.DATES: An effective date for each SIAPis specified in the amendatoryprovisions.

Incorporation by reference—approvedby the Director of the Federal Registeron December 31, 1980, and reapprovedas of January 1, 1982.ADDRESSES: Availability of mattersincorporated by reference in theamendment is as follows:

For Examination—1. FAA Rules Docket, FAA

Headquarters Building, 800Independence Avenue, SW.,Washington, DC 20591;

2. The FAA Regional Office of theregion in which the affected airport islocated; or

3. The Flight Inspection Area Officewhich originated the SIAP.

For Purchase—Individual SIAPcopies may be obtained from:

1. FAA Public Inquiry Center (APA–200), FAA Headquarters Building, 800Independence Avenue, SW.,Washington, DC 20591; or

2. The FAA Regional Office of theregion in which the affected airport islocated.

By Subscription—Copies of all SIAPs,mailed once every 2 weeks, are for saleby the Superintendent of Documents,U.S. Government Printing Office,Washington, DC 20402.FOR FURTHER INFORMATION CONTACT: PaulJ. Best, Flight Procedures StandardsBranch (AFS–420), Technical ProgramsDivision, Flight Standards Service,Federal Aviation Administration, 800Independence Avenue, SW.,

Washington, DC 20591; telephone (202)267–8277.SUPPLEMENTARY INFORMATION: Thisamendment to part 97 of the FederalAviation Regulations (14 CFR part 97)establishes, amends, suspends, orrevokes Standard Instrument ApproachProcedures (SIAPs). The completeregulatory description of each SIAP iscontained in official FAA formdocuments which are incorporated byreference in this amendment under 5U.S.C. 552(a), 1 CFR part 51, and § 97.20of the Federal Aviation Regulations(FAR). The applicable FAA Forms areidentified as FAA Forms 8260–3, 8260–4, and 8260–5. Materials incorporatedby reference are available forexamination or purchase as statedabove.

The large number of SIAPs, theircomplex nature, and the need for aspecial format make their verbatimpublication in the Federal Registerexpensive and impractical. Further,airmen do not use the regulatory text ofthe SIAPs, but refer to their graphicdepiction on charts printed bypublishers of aeronautical materials.Thus, the advantages of incorporationby reference are realized andpublication of the complete descriptionof each SIAP contained in FAA formdocuments is unnecessary. Theprovisions of this amendment state theaffected CFR (and FAR) sections, withthe types and effective dates of theSIAPs. This amendment also identifiesthe airport, its location, the procedureidentification and the amendmentnumber.

The RuleThis amendment to part 97 is effective

upon publication of each separate SIAPas contained in the transmittal. SomeSIAP amendments may have beenpreviously issued by the FAA in aNational Flight Data Center (FDC)Notice to Airmen (NOTAM) as anemergency action of immediate flightsafety relating directly to publishedaeronautical charts. The circumstanceswhich created the need for some SIAPamendments may require making themeffective in less than 30 days. For theremaining SIAPs, an effective date atleast 30 days after publication isprovided.

Further, the SIAPs contained in thisamendment are based on the criteriacontained in the U.S. Standard forTerminal Instrument ApproachProcedures (TERPS). In developingthese SIAPs, the TERPS criteria wereapplied to the conditions existing oranticipated at the affected airports.Because of the close and immediaterelationship between these SIAPs and


safety in air commerce, I find that noticeand public procedure before adoptingthese SIAPs are impracticable andcontrary to the public interest and,where applicable, that good cause existsfor making some SIAPs effective in lessthan 30 days.

The FAA has determined that thisregulation only involves an establishedbody of technical regulations for whichfrequent and routine amendments arenecessary to keep them operationallycurrent. It, therefore—(1) is not a‘‘significant regulatory action’’ underExecutive Order 12866; (2) is not a‘‘significant rule’’ under DOTRegulatory Policies and Procedures (44FR 11034; February 26, 1979); and (3)does not warrant preparation of aregulatory evaluation as the anticipatedimpact is so minimal. For the samereason, the FAA certifies that thisamendment will not have a significanteconomic impact on a substantialnumber of small entities under thecriteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air Traffic Control, Airports,Navigation (Air).

Issued in Washington, DC on March 22,1996.Thomas C. Accardi,Director, Flight Standards Service.

Adoption of the Amendment

Accordingly, pursuant to theauthority delegated to me, part 97 of theFederal Aviation Regulations (14 CFRpart 97) is amended by establishing,amending, suspending, or revokingStandard Instrument ApproachProcedures, effective at 0901 UTC onthe dates specified, as follows:

PART 97—STANDARD INSTRUMENTAPPROACH PROCEDURES

1. The authority citation for part 97 isrevised to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,40120, 44701; and 14 CFR 11.49(b)(2).

2. Part 97 is amended to read asfollows:

§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33,97.35 [Amended]

By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DMEor TACAN; § 97.25 LOC, LOC/DME,LDA, LDA/DME, SDF, SDF/DME;§ 97.27 NDB, NDB/DME; § 97.29 ILS,ILS/DME, ISMLS, MLS, MLS/DME,MLS/RNAV; § 97.31 RADAR SIAPs;§ 97.33 RNAV SIAPs; and § 97.35COPTER SIAPs, identified as follows:

* * * Effective April 25, 1996

Athens, GA, Athens Muni, LOC RWY27, Orig, CANCELLED

Athens, GA, Athens Muni, ILS RWY 27,Orig

Independence, KS, Independence Muni,NDB RWY 17, Amdt 1, CANCELLED

Minneapolis, MN, Airlake, VOR or GPSRWY 11, Amdt 1

Hettinger, ND, Hettinger Municipal,GPS RWY 30, Orig

Chillicothe, OH, Ross County, GPS RWY23, Orig

Portland, OR, Portland Intl, LOC BCRWY 10L, Amdt 14, CANCELLED

Rice Lake, WI, Rice Lake Rgnl-Carl’sField, VOR/DME RWY 19, Orig

* * * Effective May 23, 1996

Arlington, TX, Arlington Muni, GPSRWY 34, Orig

* * * Effective June 20, 1996

Harrison, AR, Boone County, GPS RWY18, Orig

Mountain Home, AR, Baxter CountyRegional, GPS RWY 5, Orig

Mountain Home, AR, Baxter CountyRegional, GPS RWY 23, Orig

Pine Bluff, AR, Grider Field, GPS RWY35, Orig

Warren, AR, Warren Muni, GPS RWY21, Orig

Muscatine, IA, Muscatine Muni, GPSRWY 23, Orig

Scott City, KS, Scott City Muni, NDBRWY 35, Orig

Alice, TX, Alice Intl, GPS RWY 31, OrigAlpine, TX, Alpine-Casparis Municipal,

GPS RWY 19, OrigBay City, TX, Bay City Muni, GPS RWY

13, OrigSummersville, WV, Summersville, GPS

RWY 4, Orig

* * * Effective Upon Publication

Sioux Falls, SD, Joe Foss Field, ILSRWY 21, Amdt 8Note: The FAA published procedures in

Docket No. 28475, Amdt. No. 1712 to Part 97to the Federal Aviation Regulations (VOL. 61,FR No. 41, Page 7699, dated Thursday,February 29, 1996) under Section 97.27which are hereby amended as follows:

Santa Fe, NM, Santa Fe County Muni,VOR/DME or GPS–A, Amdt 1

Santa Fe, NM, Santa Fe County Muni,NDB or GPS RWY 2, Amdt 4Note: The FAA published a procedure in

Docket No. 28447, Amdt. No. 1707 to Part 97to the Federal Aviation Regulations (VOL. 61,FR No. 23, Page 3796, dated Friday, February2, 1996) under Section 97.33 which is herebyamended as follows:

Kaiser/Lake Ozark, MO, Lee C. FineMemorial, GPS RWY 21, Orig

[FR Doc. 96–7763 Filed 3–28–96; 8:45 am]BILLING CODE 4910–13–M

14 CFR Part 97




SUMMARY: This amendment establishes,amends, suspends, or revokes StandardInstrument Approach Procedures(SIAPs) for operations at certainairports. These regulatory actions areneeded because of changes occurring inthe National Airspace System, such asthe commissioning of new navigationalfacilities, addition of new obstacles, orchanges in air traffic requirements.These changes are designed to providesafe and efficient use of the navigableairspace and to promote safe flightoperations under instrument flight rulesat the affected airports.DATES: An effective date for each SIAPis specified in the amendatoryprovisions.

Incorporation by reference-approvedby the Director of the Federal Registeron December 31, 1980, and reapprovedas of January 1, 1982.ADDRESSES: Availability of matterincorporated by reference in theamendment is as follows:



2. The FAA Regional Office of theregion in which affected airport islocated; or





By Subscription—Copies of all SIAPs,mailed once every 2 weeks, are for saleby the Superintendent of Documents,US Government Printing Office,Washington, DC 20402.FOR FURTHER INFORMATION CONTACT:Paul J. Best, Flight ProceduresStandards Branch (AFS–420), TechnicalPrograms Division, Flight StandardsService, Federal AviationAdministration, 800 IndependenceAvenue, SW., Washington, DC 20591;telephone (202) 267–8277.


SUPPLEMENTARY INFORMATION: Thisamendment to part 97 of the FederalAviation Regulations (14 CFR part 97)establishes, amends, suspends, orrevokes Standard Instrument ApproachProcedures (SIAPs). The completeregulatory description on each SIAP iscontained in the appropriate FAA Form8260 and the National Flight DataCenter (FDC)/Permanent (P) Notices toAirmen (NOTAM) which areincorporated by reference in theamendment under 5 U.S.C. 552(a), 1CFR part 51, and § 97.20 of the FederalAviations Regulations (FAR). Materialsincorporated by reference are availablefor examination or purchase as statedabove.

The large number of SIAPs, theircomplex nature, and the need for aspecial format make their verbatimpublication in the Federal Registerexpensive and impractical. Further,airmen do not use the regulatory text ofthe SIAPs, but refer to their graphicdepiction of charts printed bypublishers of aeronautical materials.Thus, the advantages of incorporationby reference are realized andpublication of the complete descriptionof each SIAP contained in FAA formdocuments is unnecessary. Theprovisions of this amendment state theaffected CFR (and FAR) sections, withthe types and effective dates of theSIAPs. This amendment also identifiesthe airport, its location, the procedureidentification and the amendmentnumber.

The RuleThis amendment to part 97 of the

Federal Aviation Regulations (14 CFRpart 97) establishes, amends, suspends,or revokes SIAPs. For safety andtimeliness of change considerations, thisamendment incorporates only specificchanges contained in the content of thefollowing FDC/P NOTAM for eachSIAP. The SIAP information in some

previously designated FDC/Temporary(FDC/T) NOTAMs is of such duration asto be permanent. With conversion toFDC/P NOTAMs, the respective FDC/TNOTAMs have been cancelled.

The FDC/P NOTAMs for the SIAPscontained in this amendment are basedon the criteria contained in the U.S.Standard for Terminal InstrumentApproach Procedures (TERPS). Indeveloping these chart changes to SIAPsby FDC/P NOTAMs, the TERPS criteriawere applied to only these specificconditions existing at the affectedairports. All SIAP amendments in thisrule have been previously issued by theFAA in a National Flight Data Center(FDC) Notice to Airmen (NOTAM) as anemergency action of immediate flightsafety relating directly to publishedaeronautical charts. The circumstanceswhich created the need for all theseSIAP amendments requires makingthem effective in less than 30 days.

Further, the SIAPs contained in thisamendment are based on the criteriacontained in the TERPS. Because of theclose and immediate relationshipbetween these SIAPs and safety in aircommerce, I find that notice and publicprocedure before adopting these SIAPsare impracticable and contrary to thepublic interest and, where applicable,that good cause exists for making theseSIAPs effective in less than 30 days.

ConclusionThe FAA has determined that this

regulation only involves an establishedbody of technical regulations for whichfrequent and routine amendments arenecessary to keep them operationallycurrent. It, therefore—(1) is not a‘‘significant regulatory action’’ underExecutive Order 12866; (2) is not a‘‘significant rule’’ under DOTRegulatory Policies and Procedures (44FR 11034; February 26, 1979); and (3)does not warrant preparation of aregulatory evaluation as the anticipated

impact is so minimal. For the samereason, the FAA certifies that thisamendment will not have a significanteconomic impact on a substantialnumber of small entities under thecriteria of the Regulatory Flexibility Act.


Air Traffic Control, Airports,Navigation (Air).

Issued in Washington, DC, on March 22,1996.Thomas C. Accardi,Director, Flight Standards Service.

Adoption of the Amendment

Accordingly, pursuant to theauthority delegated to me, part 97 of theFederal Aviation Regulations (14 CFRpart 97) is amended by establishing,amending, suspending, or revokingStandard Instrument ApproachProcedures, effective at 0901 UTC onthe dates specified, as follows:



Authority: 49 U.S.C. 40103, 40113, 40120,44701; 49 U.S.C. 106(g); and 14 CFR11.49(b)(2).


§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33,97.35 [Amended]

By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DMEor TACAN; § 97.25 LOC, LOC/DME,LDA, LDA/DME, SDF, SDF/DME;§ 97.27 NDB, NDB/DME; § 97.29 ILS,ILS/DME, ISMLS, MLS, MLS/DME,MLS/RNAV; § 97.31 RADAR SIAPs;§ 97.33 RNAV SIAPs; and § 97.35COPTER SIAPs, identified as follows:

* * * Effective Upon Publication

FDC date State City Airport FDC No. SIAP

02/08/96 ...... FL Orlando .................... Orlando Intl ............................... FDC 6/0901 VOR/DME or GPS RWY 36L AMDT 4.02/23/96 ...... IL Sterling Rockfalls ..... Whiteside County-Joseph H.

Bittorf Field.FDC 6/1172 NDB or GPS RWY 7 AMDT 4.

This Corrects Notam in TL96–07.03/07/96 ...... WI Rhinelander .............. Rhinelander-Oneida County ..... FDC 6/1472 VOR/DME or GPS RWY 5 ORIG, VOR/

DME or GPS RWY 23 AMDT 10, VOR/DME or GPS RWY 27 ORIG.

03/08/96 ...... MN Rushford .................. Rushford Muni ........................... FDC 6/1484 VOR/DME–A ORIG.03/08/96 ...... WI Rhinelander .............. Rhinelander-Oneida County ..... FDC 6/1473 ILS RWY 9 AMDT 5, VOR or GPS RWY

9 AMDT 4.03/11/96 ...... FL Melbourne ................ Melbourne Intl ........................... FDC 6/1519 LOC BC RWY 27L, AMDT 8A.03/13/96 ...... GA Marietta .................... Cobb County-McCollum Field ... FDC 6/1574 VOR/DME or GPS RWY 9 ORIG.03/15/96 ...... TX Lancaster ................. Lancaster .................................. FDC 6/1621 NDB or GPS RWY 31, ORIG.03/16/96 ...... IA Newton ..................... Newton Muni ............................. FDC 6/1634 ILS RWY 32, AMDT 1A.03/18/96 ...... GA Winder ...................... Winder ....................................... FDC 6/1681 BOR/DME or GPS–A, AMDT 9.03/18/96 ...... GA Winder ...................... Winder ....................................... FDC 6/1982 LOC RWY 31, AMDT 8.03/18/96 ...... IL Peoria ....................... Greater Peoria Regional ........... FDC 6/1678 ILS/DME RWY 4 ORIG.03/19/96 ...... OH Wilmington ............... Airborne Airpark ........................ FDC 6/1710 ILS/DME RWY 4R AMDT 1.03/19/96 ...... TS Pecos ....................... Pecos muni ............................... FDC 6/1709 VOR or GPS RWY 14, AMDT 7.


FDC date State City Airport FDC No. SIAP

03/20/96 ...... FL Fort Myers ................ Southwest Florida Intl ............... FDC 6/1749 NDB or GPS RWY 6, AMDT 4.03/20/96 ...... FL Fort Myers ................ Southwest Florida Intl ............... FDC 6/1750 ILS RWY 6, AMDT 4.03/20/96 ...... KY Louisville .................. Louisville Intl-Standiford Field ... FDC 6/1737 ILS RWY 35, ORIG–A.03/20/96 ...... KY Louisville .................. Louisville Intl-Standiford Field ... FDC 6/1739 NDB or GPS RWY 29, AMDT 19.03/20/96 ...... KY Louisville .................. Louisville Intl-Standiford Field ... FDC 6/1740 ILS RWY 29, AMDT 22.03/20/96 ...... KY Louisville .................. Louisville Intl-Standiford ............ FDC 6/1741 ILS RWY 1, AMDT 11.03/20/96 ...... KY Louisville .................. Louisville Intl-Standiford Field ... FDC 6/1742 ILS RWY 17, ORIG–A.03/20/96 ...... KY Louisville .................. Louisville Intl-Standiford Field ... FDC 6/1743 RADAR–1, AMDT 25.03/20/96 ...... KY Louisville .................. Louisville Intl-Standiford Field ... FDC 6/1744 NDB or GPS RWY 1, AMDT 8.03/20/96 ...... KY Louisville .................. Louisville Intl-Standiford Field ... FDC 6/1746 VOR or TACAN RWY 29, AMDT 22.03/21/96 ...... GA Winder ...................... Winder ....................................... FDC 6/1782 NDB or GPS RWY 31, AMDT. 803/21/96 ...... KY Louisville .................. Louisville Intl-Standiford Field ... FDC 6/1771 ILS RWY 19, AMDT 9A.


14 CFR Part 97




SUMMARY: This amendment establishes,amends, suspends, or revokes StandardInstrument Approach Procedures(SIAPs) for operations at certainairports. These regulatory actions areneeded because of the adoption of newor revised criteria, or because of changesoccurring in the National AirspaceSystem, such as the commissioning ofnew navigational facilities, addition ofnew obstacles, or changes in air trafficrequirements. These changes aredesigned to provide safe and efficientuse of the navigable airspace and topromote safe flight operations underinstrument flight rules at the affectedairports.DATES: An effective date for each SIAPis specified in the amendatoryprovisions.

Incorporation by reference-approvedby the Director of the Federal Registeron December 31, 1980, and reapprovedas of January 1, 1982.ADDRESSES: Availability of mattersincorporated by reference in theamendment is as follows:



2. The FAA Regional Office of theregion in which the affected airport islocated; or





By Subscription—Copies of all SIAPs,mailed once every 2 weeks, are for saleby the Superintendent of Documents,U.S. Government Printing Office,Washington, DC 20402.FOR FURTHER INFORMATION CONTACT:Paul J. Best, Flight ProceduresStandards Branch (AFS–420), TechnicalPrograms Division, Flight StandardsService, Federal AviationAdministration, 800 IndependenceAvenue, SW., Washington, DC 20591;telephone (202) 267–8277.SUPPLEMENTARY INFORMATION: Thisamendment to part 97 of the FederalAviation Regulations (14 CFR part 97)establishes, amends, suspends, orrevokes Standard Instrument ApproachProcedures (SIAPs). The completeregulatory description of each SIAP iscontained in official FAA formdocuments which are incorporated byreference in this amendment under 5U.S.C. 552(a), 1 CFR part 51, and § 97.20of the Federal Aviation Regulations(FAR). The applicable FAA Forms areidentified as FAA Form 8260–5.Materials incorporated by reference areavailable for examination or purchase asstated above.

The large number of SIAPs, theircomplex nature, and the need for aspecial format make their verbatimpublication in the Federal Registerexpensive and impractical. Further,airmen do not use the regulatory text ofthe SIAPs, but refer to their graphicdepiction on charts printed bypublishers of aeronautical materials.Thus, the advantages of incorporationby reference are realized andpublication of the complete descriptionof each SIAP contained in FAA formdocuments is unnecessary. Theprovisions of this amendment state theaffected CFR (and FAR) sections, with

the types and effective dates of theSIAPs. This amendment also identifiesthe airport, its location, the procedureidentification and the amendmentnumber.

This amendment to part 97 is effectiveupon publication of each separate SIAPas contained in the transmittal. TheSIAPs contained in this amendment arebased on the criteria contained in theUnited States Standard for TerminalInstrument Approach Procedures(TERPS). In developing these SIAPs, theTERPS criteria were applied to theconditions existing or anticipated at theaffected airports.

The FAA has determined throughtesting that current non-localizer type,non-precision instrument approachesdeveloped using the TERPS criteria canbe flown by aircraft equipped withGlobal Positioning System (GPS)equipment. In consideration of theabove, the applicable StandardInstrument Approach procedures(SIAPs) will be altered to include ‘‘orGPS’’ in the title without otherwisereviewing or modifying the procedure.(Once a stand alone GPS procedure isdeveloped, the procedure title will bealtered to remove ‘‘or GPS’’ from thesenon-localizer, non-precision instrumentapproach procedure titles.) Because ofthe close and immediate relationshipbetween these SIAPs and safety in aircommerce, I find that notice and publicprocedure before adopting these SIAPsare, impracticable and contrary to thepublic interest and, where applicable,that good cause exists for making someSIAPs effective in less than 30 days.

The FAA has determined that thisregulation only involves an establishedbody of technical regulations for whichfrequent and routine amendments arenecessary to keep them operationallycurrent. It, therefore—(1) is not a‘‘significant regulatory action’’ underExecutive Order 12866; (2) is not a‘‘significant rule’’ under DOTRegulatory Policies and Procedures (44FR 11034; February 26, 1979); and (3)does not warrant preparation of a


regulatory evaluation as the anticipatedimpact is so minimal. For the samereason, the FAA certifies that thisamendment will not have a significanteconomic impact on a substantialnumber of small entities under thecriteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97Air Traffic Control, Airports,

Navigation (Air).Issued in Washington, DC, on March 22,

1996.Thomas C. Accardi,Director, Flight Standard Service.


authority delegated to me, part 97 of theFederal Aviation Regulations (14 CFRpart 97) is amended by establishing,amending, suspending, or revokingStandard Instrument ApproachProcedures, effective at 0901 UTC onthe dates specified, as follows:



Authority: 49 U.S.C. 40103, 40113, 40120,44701; 49 U.S.C. 106(g); and 14 CFR11.49(b)(2).


§§ 97.23, 97.27, 97.33, 97.35 [Amended]By amending: § 97.23 VOR, VOR/

DME, VOR or TACAN, and VOR/DMEor TACAN; § 97.27 NDB, NDB/DME;§ 97.33 RNAV SIAPs; and § 97.35COPTER SIAPs, identified as follows:

* * * Effective April 25, 1996Alturas, CA, Alturas Muni, NDB or GPS

RWY 31, Amdt 1 CANCELLED

Alturas, CA, Alturas Muni, NDB RWY31, Amdt 1


DEPARTMENT OF HEALTH ANDHUMAN SERVICES

Food and Drug Administration

21 CFR Part 558

New Animal Drugs for Use in AnimalFeeds; Nicarbazin; TechnicalAmendment

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

SUMMARY: The Food and DrugAdministration (FDA) is amending theanimal drug regulations regarding theuse of nicarbazin in Type C broilerfeeds. Because of incorrect amendatoryinstructions in a final rule that appearedin the Federal Register of June 5, 1995(60 FR 29483), certain uses of nicarbazincombination Type C broiler feeds wereremoved from the regulations. Thisdocument corrects those errors.EFFECTIVE DATE: March 29, 1996FOR FURTHER INFORMATION CONTACT:David L. Gordon, Center For VeterinaryMedicine (HFV–238), Food and DrugAdministration, 7500 Standish Pl.,Rockville, MD 20855, 301–594–1739.SUPPLEMENTARY INFORMATION: In theFederal Register of June 5, 1995 (60 FR29483), the animal drug regulationswere amended to codify Merck ResearchLaboratories, Division of Merck & Co.’sNADA 98–378 for use of singleingredient nicarbazin and bacitracin

methylene disalicylate Type A articlesto make combination drug Type Cmedicated broiler feeds. The documentpublished with incorrect amendatorylanguage resulting in the removal ofcertain approved uses of the drug fromthe regulation. FDA is correcting theseerrors.

Publication of this documentconstitutes final action on these changesunder the Administrative ProceduresAct (5 U.S.C. 553). Notice and publicprocedures on these corrections isunnecessary because FDA is merelyrepublishing previously approvedregulations.


Animal drugs, Animal feeds.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 part 558 is amended as follows:

PART 558—NEW ANIMAL DRUGS FORUSE IN ANIMAL FEEDS

1. The authority citation for 21 CFRpart 558 continues to read as follows:

Authority: Secs. 512, 701 of the FederalFood, Drug, and Cosmetic Act (21 U.S.C.360b, 371).

2. Section 558.366 is amended in thetable in paragraph (c) by alphabeticallyadding two new entries to read asfollows:

§ 558.366 Nicarbazin.

* * * * *(c) * * *

Nicarbazin ingrams per ton

Combination in gramsper ton Indications for use Limitations Sponsor

* * * * * * *Roxarsone 22.7

(0.0025).do ........................................................................... Feed continuously as sole ra-

tion from time chicks areplaced on litter until pastthe time when coccidiosis isordinarily a hazard; as solesource of organic arsenic;do not use a treatment forcoccidiosis; do not use influshing mashes; do notfeed to laying hens; with-draw 5 days before slaugh-ter.

000006

Rosarsone 22.7(0.0025) plus linco-mycin 2 (0.0004).

do ........................................................................... do ............................................ 000006


Dated: March 14, 1996.Stephen F. Sundlof,Director, Center for Veterinary Medicine.[FR Doc. 96–7679 Filed 3–28–96; 8:45 am]BILLING CODE 4160–01–F

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1310

[DEA–135F]

RIN 1117–AA30

Manufacturer Reporting

AGENCY: Drug EnforcementAdministration (DEA), Justice.ACTION: Final Rule.

SUMMARY: This rule is issued by theDeputy Administrator of the DrugEnforcement Administration (DEA) toimplement provisions of the DomesticChemical Diversion Control Act of 1993(Pub. 103–200) (DCDCA) to specifycertain reporting requirements formanufacturers of listed chemicals. Thisrule requires bulk manufacturers oflisted chemicals to provide annualreports containing certain productiondata to the DEA.EFFECTIVE DATE: April 29, 1996. The firstannual reports which detail data forcalendar year 1995, shall be submittedon or before June 27, 1996.FOR FURTHER INFORMATION CONTACT:Howard McClain Jr., Chief, Drug andChemical Evaluation Section, Office ofDiversion Control, Drug EnforcementAdministration, Washington, D.C. 20537Telephone (202) 307–7183.SUPPLEMENTARY INFORMATION: TheDomestic Chemical Diversion ControlAct 1993 (Pub. 103–200) (DCDCA)amended 21 U.S.C. 830(b) to requirethat regulated persons who manufacturelisted chemicals (other than a drugproduct that is exempted under 21U.S.C. 802(39)(A)(iv)) report annually toDEA information detailing the specificquantities manufactured. This rulespecifies certain reporting requirementsfor manufacturers of listed chemicalsand finalizes a proposed rule publishedin the Federal Register on September26, 1995 (60 FR 49529). Interestedparties were given 60 days to submitwritten comments regarding theproposed rule.

CommentsFive organizations submitted

comments in response to the proposedregulations. One comment suggestedthat Section 1310.03(b) be modified inorder to clarify that the reporting

requirements pertain to both List I andList II chemicals. Therefore Section1310.01(b) has been amended to clarifythat ‘‘Each regulated person whomanufactures a List I or List II chemicalshall file reports regarding suchmanufacture as specified in Section1310.05.’’

Another comment stated that DEAhad not clearly established its basis forneeding information requested underthe reporting requirement. Thisrequirement, which was established bythe Domestic Chemical DiversionControl Act of 1993, will provide theDEA with information on the amountsof listed chemicals available in the U.S.and provide specific strategicinformation and parameters on the sizeand direction of the legitimate listedchemical market and the availability ofsuch chemicals for diversion. It will alsoenable the DEA to provide theInternational Narcotics Control Board(INCB) with aggregate data regarding theproduction and availability of chemicalscontrolled under provisions of the 1988United Nations Convention AgainstIllicit Traffic in Narcotic Drugs andPsychotropic Substances.

Two comments requested thathydrochloric acid be exempted and onecomment suggested that sulfuric acid beexempted since only exports of thesechemicals to certain countries arecurrently regulated. However, boththese chemicals are controlled in TableII of the 1988 United NationsConvention Against Illicit Traffic inNarcotic Drugs and PsychotropicSubstances. This reporting provisionwill enable the DEA to provide the INCBwith aggregate manufacturing data onhydrochloric and sulfuric acid.

The DEA recognizes that bulkmanufacturers must file other similarreports to other government agencies.For example, one of the commentsstated that the requested information isprovided to the U.S. EnvironmentalProtection Agency (EPA) four times peryear. Therefore, as stated in the Noticeof Proposed Rulemaking, if an existingstandard industry report contains theinformation required in Section1310.06(h) and such information isseparate or readily retrievable from thereport, that report may be submitted insatisfaction of this requirement. Eachreport shall be submitted to the DEAunder company letterhead and signedby an appropriate, responsible official.

One comment stated that even thoughthe DEA has specified that an existingstandard industry report may satisfy thereporting requirements, the reportingobligation would end up as a specialreport for each listed material at eachlocation and therefore would be

extremely burdensome. In addition, twocomments dealt with the issue ofwhether data must be reported byindividual facility, as opposed tosubmitting one corporate report whichincludes data for all facilities.

In response to these concerns, theDEA has determined that eitherreporting method is acceptable.Therefore, each business entity whichmanufactures a listed chemical mayelect to (1) report separately byindividual location or (2) report as anaggregate amount for the entire businessentity. These manufacturers, however,must inform the DEA of which methodthey will use.

One commentor asked whetherinventories should be reported for listedchemicals stored in foreign locations.The DEA has determined that suchforeign inventories are not subject to theinventory reporting requirements sincesuch material would have already beenreported to the DEA under existingexport notification requirements if itwere manufactured in the U.S. andshipped to a foreign location.

One commentor requestedclarification of the term year-endinventory as used in Section1310.06(h)(3). For purposes of thisannual reporting requirement, inventoryshall reflect the quantity of listedchemicals, whether in bulk or non-exempt product form, held in storage forlater distribution. Inventory does notinclude waste material for destruction,material stored as an in-processintermediate or other in-processmaterial. The DEA recognizes that bulkmanufacturers may have specificsituations which will affect thecomplexity of inventory reporting.Therefore, the Drug and ChemicalEvaluation Section, Office of DiversionControl, Drug EnforcementAdministration is available to provideguidance in response to questions bulkmanufacturers may have regarding whatmaterial should be included asinventory.

One commentor requestedclarification of the terms ‘‘product’’ and‘‘converted’’ as used in Section1310.06(h)(5). The term product refersto all pharmaceutical preparations andchemical mixtures exempted underSections 1310.01(f)(1)(iv) or1310.01(f)(1)(v) intended for laterdistribution. In order to provideclarification of Section 1310.06(h)(5),the term ‘‘converted’’ is being removed.This section will now specify that eachannual report required by Section1310.05(d) shall provide ‘‘[t]he aggregatequantity of each listed chemicalmanufactured which becomes acomponent of a product exempted


under Section 1310.01(f)(1)(iv) or1310.01(f)(1)(v) during the precedingcalendar year.’’

One commentor requestedclarification that the reportingrequirements do not apply toformulators of chemical mixtures. Inresponse to this comment, a bulkmanufacturer is defined under theproposed rule, as a person whoproduces a listed chemical by means ofchemical synthesis or by extraction fromother substances. Unless a formulator ofchemical mixtures produces a listedchemical by means of chemicalsynthesis or by extraction from othersubstances, that formulator is notconsidered a bulk manufacturer andtherefore is not subject to thesereporting requirements.

One firm noted that the proposed rulestated that quantities be reported to thenearest kilogram. The comment furtherstated that this was not feasible due tothe large volumes of some of the listedchemicals. In response to this inquiry,be advised that the reference toreporting ‘‘to the nearest kilogram’’ wasintended to mean that quantities shouldbe reported in kilogram units of measureand was not intended to specify theprecision with which data should besupplied. The DEA is thereforemodifying the regulatory language toread that information should bereported ‘‘in kilogram units ofmeasure’’.

One firm commented that anexemption should be provided for bulkmanufacturers that produce listedchemicals solely for internalconsumption. The DEA has determinedthat bulk manufacturers that produce alisted chemical solely for internalconsumption shall not be required toreport for that listed chemical. Forpurposes of these reportingrequirements, internal consumptionshall consist of any quantity of a listedchemical otherwise not available forfurther resale or distribution. Internalconsumption shall include (but not belimited to) quantities used for qualitycontrol testing, quantities consumed in-house or production losses. Internalconsumption does not include thequantities of a listed chemicalconsumed in the production ofexempted products. (These quantitiesused in the production of exemptedproducts shall be reported separately.)Section 1310.05 has been modified toreflect this reporting exemption.

One firm commented that theproposed rule establishes a DEA codenumber for each listed chemical andmade a suggestion regarding the use ofan alternate numbering system.However, the proposed rule only

clarifies and implements manufacturerreporting requirements and does notdeal with the issue of DEA codenumbers. This issue was previouslyaddressed under the regulations whichimplemented the Chemical Diversionand Trafficking Act (60 FR 32447). Inthat notice, DEA responded that it hadconsidered the use of other numberingsystems such as the Chemical AbstractServices (CAS) and Harmonized TariffSystem (HTS). However, in reviewingthese systems DEA determined that theywere designed for other purposes andthat their use could lead to confusionand jeopardize the accuracy ofinformation reported to DEA. In theHTS numbering system there aremultiple chemicals that are assigned thesame number and in the CASnumbering system there are chemicalsthat are assigned multiple codes. TheDEA has produced and made availablea chemical reference guide that providesa cross reference to the CAS and HTSnumbers.

ConclusionThese reporting requirements will

apply only to bulk manufacturers oflisted chemicals. The term bulkmanufacturer as used in this regulationmeans a person who manufactures alisted chemical by means of chemicalsynthesis or by extraction from othersubstances. It does not include personswhose sole activity consists ofrepackaging or relabeling listedchemical products or the manufacture ofdrug dosage form products whichcontain a listed chemical. For eachlisted chemical, each manufacturer isrequired to report annually to DEA (1)the year-end inventory, (2) the aggregatequantity manufactured, (3) the aggregatequantity used for internal consumptionand (4) the aggregate quantity of eachlisted chemical manufactured whichbecomes a component of a productexempted under Section1310.01(f)(1)(iv) or 1310.01(f)(1)(v)during the preceding calendar year.While manufacturers are required toreport the quantities of listed chemicalsused in the production of exemptedproducts (e.g. exempted drug productsand chemical mixtures), themanufacturer is not required to reportdata regarding the aggregate quantity ofthe exempted products produced.

Data provided under these reportingrequirements shall be submittedannually to the Drug and ChemicalEvaluation Section, Drug EnforcementAdministration, Washington D.C. 20537,on or before the 15th day of March ofthe year immediately following thecalendar year for which submitted.However, in order to provide sufficient

time for preparation of the initial annualreports which detail manufacturing datafor calendar year 1995, these initialreports shall not be due until June 27,1996.

The Attorney General has delegatedauthority under the CSA and allsubsequent amendments to the CSA tothe Administrator of the DEA (28 CFR0.100). The Administrator, in turn, hasredelegated this authority to the DeputyAdministrator pursuant to 28 CFR0.104. The Deputy Administrator herebycertifies that this rulemaking will haveno significant impact upon entitieswhose interests must be consideredunder the Regulatory Flexibility Act, 5U.S.C. 601 et seq. The DEA estimatesthat only approximately 210manufacturers of listed chemicals willbe impacted by these reportingrequirements. The impact is minimalsince the requested information isfrequently maintained in the normalcourse of business operation. In an effortto further minimize the impact of thesereporting requirements and avoidduplicate reporting, the DEA will acceptexisting reports which contain therequired data, provided the data isseparate or readily retrievable fromother data in the report.

This final rule is not a significantregulatory action and therefore has notbeen reviewed by the Office ofManagement and Budget pursuant toExecutive Order 12866.

This action has been analyzed inaccordance with the principles andcriteria in E.O. 12612, and it has beendetermined that the rule does not havesufficient federalism implications towarrant the preparation of a FederalismAssessment.


Drug traffic control, Reporting andrecordkeeping requirements, List I andList II Chemicals.

For reasons as set out above, 21 CFRPart 1310 is amended as follows:

PART 1310—[AMENDED]

1. The authority citation for Part 1310continues to read as follows:

Authority: 21 U.S.C. 801, 830, 871(b).

2. Section 1310.03 is amended byredesignating the existing text asparagraph (a) and adding a newparagraph (b) to read as follows:

§ 1310.03 Persons required to keeprecords and file reports.

(a) * * *(b) Each regulated person who

manufactures a List I or List II chemicalshall file reports regarding such


manufacture as specified in Section1310.05.

3. Section 1310.05 is amended byadding a new paragraph (d) to read asfollows:

§ 1310.05 Reports.* * * * *

(d) Each regulated bulk manufacturerof a listed chemical shall submitmanufacturing, inventory and use dataon an annual basis as set forth in§ 1310.06(h). This data shall besubmitted annually to the Drug andChemical Evaluation Section, DrugEnforcement Administration (DEA),Washington, D.C. 20537, on or beforethe 15th day of March of the yearimmediately following the calendar yearfor which submitted. A business entitywhich manufactures a listed chemicalmay elect to report separately byindividual location or report as anaggregate amount for the entire businessentity provided that they inform theDEA of which method they will use.This reporting requirement does notapply to drug or other products whichare exempted under §§ 1310.01(f)(1)(iv)or 1310.01(f)(1)(v) except as set forth in§ 1310.06(h)(5). Bulk manufacturers thatproduce a listed chemical solely forinternal consumption shall not berequired to report for that listedchemical. For purposes of thesereporting requirements, internalconsumption shall consist of anyquantity of a listed chemical otherwisenot available for further resale ordistribution. Internal consumption shallinclude (but not be limited to) quantitiesused for quality control testing,quantities consumed in-house orproduction losses. Internal consumptiondoes not include the quantities of alisted chemical consumed in theproduction of exempted products. If anexisting standard industry reportcontains the information required in§ 1310.06(h) and such information isseparate or readily retrievable from thereport, that report may be submitted insatisfaction of this requirement. Eachreport shall be submitted to the DEAunder company letterhead and signedby an appropriate, responsible official.For purposes of this paragraph only, theterm regulated bulk manufacturer of alisted chemical means a person whomanufactures a listed chemical bymeans of chemical synthesis or byextraction from other substances. Theterm bulk manufacturer does notinclude persons whose sole activityconsists of the repackaging or relabelingof listed chemical products or themanufacture of drug dosage fromproducts which contain a listedchemical.

4. Section 1310.06 is amended byadding a new paragraph (h) to read asfollows:

§ 1310.06 Content of records and reports.

* * * * *(h) Each annual report required by

Section 1310.05(d) shall provide thefollowing information for each listedchemical manufactured:

(1) The name, address and chemicalregistration number (if any) of themanufacturer and person to contact forinformation.

(2) The aggregate quantity of eachlisted chemical that the companymanufactured during the precedingcalendar year.

(3) The year-end inventory of eachlisted chemical as of the close ofbusiness on the 31st day of December ofeach year. (For each listed chemical, ifthe prior period’s ending inventory hasnot previously been reported to DEA,this report should also detail thebeginning inventory for the period.) Forpurposes of this requirement, inventoryshall reflect the quantity of listedchemicals, whether in bulk or non-exempt product form, held in storage forlater distribution. Inventory does notinclude waste material for destruction,material stored as an in-processintermediate or other in-processmaterial.

(4) The aggregate quantity of eachlisted chemical used for internalconsumption during the precedingcalendar year, unless the chemical isproduced solely for internalconsumption.

(5) The aggregate quantity of eachlisted chemical manufactured whichbecomes a component of a productexempted from Section 1310.01(f)(1)(iv)or 1310.01(f)(1)(v) during the precedingcalendar year.

(6) Data shall identify the specificisomer, salt or ester when applicable butquantitative data shall be reported asanhydrous base or acid in kilogramunits of measure.

Dated: March 19, 1996.Stephen H. Greene,Deputy Administrator, Drug EnforcementAdministration.[FR Doc. 96–7739 Filed 3–28–96; 8:45 am]BILLING CODE 4410–09–M

DEPARTMENT OF LABOR

Occupational Safety and HealthReview Commission

29 CFR Part 2201

Revisions to Rules Implementing theFreedom of Information Act

AGENCY: Occupational Safety and HealthReview Commission.ACTION: Final rule.

SUMMARY: This document makes certaintechnical and nomenclature changes. Inaddition, the Commission is revising itsfee structure for documents soughtunder the Freedom of Information Actto compensate for rising costs.EFFECTIVE DATE: These amendments areeffective March 29, 1996.FOR FURTHER INFORMATION CONTACT:Linda A. Whitsett, Freedom ofInformation Act Officer, OccupationalSafety and Health Review Commission,Room 903, 1120 20th St. N.W.,Washington, DC 20036. Phone (202)606–5398.SUPPLEMENTARY INFORMATION: Part 1921is being amended to reflect certaintechnical changes in the Commission’simplementation of the Freedom ofInformation Act. Primarily, theCommission has changed the title of the‘‘Public Information Specialist’’ to the‘‘Freedom of Information Act Officer.’’Part 1921 is revised to reflect thatchange. In addition, decisions will nolonger be available at the Commission’sregional offices. Accordingly, referencesto the field offices are eliminated.Finally, the Commission is increasingseveral fees associated with Freedom ofInformation Act requests to compensatefor rising costs incurred since the feeswere set in 1988.


Freedom of information, Records.For the reasons set forth in the

preamble, title 29, chapter XX, part 2201is amended as set forth below:

PART 2201—REGULATIONSIMPLEMENTING THE FREEDOM OFINFORMATION ACT

1. The authority for part 2201continues to read as follows:

Authority: 29 U.S.C. 661(g); 5 U.S.C. 552.

2. In part 2201 all references to‘‘Public Information Specialist’’ areremoved and ‘‘Freedom of InformationAct Officer’’ added in their places.

3. Section 2201.3 is revised to read asfollows:


§ 2201.3 Delegation of authority.

The Freedom of Information ActOfficer is delegated the authority to actupon all requests for public records. Inthe absence of the Freedom ofInformation Act Officer, the Chairmanor the Executive Director may designateanother Commission officer oremployee, such as the General Counselor the Executive Secretary, to respond torequests. Copies of individualCommission decisions may be obtaineddirectly from the Freedom ofInformation Act Officer at theCommission’s national office. See§ 2201.5(a). All other informationrequests shall be directed to theFreedom of Information Act Officer. See§ 2201.6(b).

4. Section 2201.5 is amended byrevising paragraphs (a) and (b)(1) to readas follows:

§ 2201.5 Copies of Commission decisions.

(a) Single decisions. One copy of aCommission decision or decision by anAdministrative Law Judge may beobtained free of copying fees by calling,writing or visiting the Freedom ofInformation Act Officer at theCommission’s national office. A searchfee may be charged, however, if thedecision is not identified by name anddate, or by docket number, or if it is nototherwise easily identifiable. See§ 2201.8 (b)(2)(i). Copying fees will becharged if more than one decision isrequested and the copying cost exceeds$10. See § 2201.8 (a)(1) and (b)(1). Theaddress and telephone number of theoffice at which decisions are available isOSHRC, Freedom of Information ActOfficer, One Lafayette Centre, 1120–20th St. NW., room 900, Washington,DC 20036–3419. Telephone 202–606–5398.

(b)(1) OSAHRC Reports. All finalCommission decisions from 1971through 1992 (including decisions of theCommission and its Administrative LawJudges) of general applicability, andconcurring and dissenting opinions, arepublished in a series of microficheentitled OSAHRC Reports. OSAHRCReports may be purchased from theSuperintendent of Documents, U.S.Government Printing Office,Washington, DC 20402. Persons wishingto obtain copies of numerous decisionsand avoid large copying charges maypurchase OSAHRC Reports or subscribeto a private reporting service. Decisionsissued after 1992 are available bycalling, writing or visiting the nationaloffice.* * * * *

5. Section 2201.8 is amended byrevising the first sentence of paragraph

(b)(2) introductory text to read asfollows:

§ 2201.8 Fees for copying, searching, andreview.

* * * * *(b) Types of fees. * * *(2) Search fee. The fee for searching

for information and records shall be $19per hour of clerical time and $46 perhour of professional time. * * ** * * * *

Dated: March 25, 1996.Earl R. Ohman, Jr.,General Counsel.[FR Doc. 96–7659 Filed 3–28–96; 8:45 am]BILLING CODE 7600–01–M


Coast Guard

33 CFR Part 100

[CGD 05–96–014]

Special Local Regulations for MarineEvents; 17th Annual Safety at SeaSeminar, Severn River, Annapolis, MD

AGENCY: Coast Guard, DOT.ACTION: Notice of implementation of 33CFR 100.511.

SUMMARY: This notice implements 33CFR 100.511 for the 17th Annual Safetyat Sea Seminar, an annual event to beheld March 30, 1996, on the SevernRiver at Annapolis, Maryland. Thesespecial local regulations are necessary tocontrol vessel traffic within theimmediate vicinity of the U.S. NavalAcademy during the PyrotechnicDisplay, Helicopter RescueDemonstration, and Sail Training CraftManeuver Demonstration. The effectwill be to restrict general navigation inthis area for the safety of the spectatorsand the participants in these events.EFFECTIVE DATES: The regulations in 33CFR 100.511 are effective from 11 a.m.to 3:30 p.m. on March 30, 1996.FOR FURTHER INFORMATION CONTACT:Mr. Stephen Phillips, Chief, BoatingAffairs Branch, Boating Safety Division,Fifth Coast Guard District, 431 CrawfordStreet, Portsmouth, Virginia 23704–5004(804) 398–6204, or Commander, CoastGuard Group Baltimore (410) 576–2516.SUPPLEMENTARY INFORMATION: The U.S.Naval Academy, Annapolis, Maryland,submitted an application to hold the17th Annual Safety at Sea Seminar onthe Severn River just off the RobertCrown Sailing Center, U.S. Academy,Annapolis, Maryland. The eventincludes demonstrations of life rafts,pyrotechnics, use of anti-exposure suits,

man overboard procedures, and ahelicopter rescue. Since this event is ofthe type contemplated by theseregulations, the safety of theparticipants will be enhanced by theimplementation of the special localregulations. Commercial traffic shouldnot be severely disrupted.

Dated: March 21, 1996.W.J. Ecker,Rear Admiral, U.S. Coast Guard, Commander,Fifth Coast Guard District.[FR Doc. 96–7715 Filed 3–28–96; 8:45 am]BILLING CODE 4910–14–M

POSTAL SERVICE

39 CFR Part 20

Expansion of Global Priority Mail

AGENCY: Postal Service.ACTION: Interim rule with request forcomments.

SUMMARY: The Postal Service isexpanding Global Priority Mail serviceby increasing the number of acceptancepoints, countries (annotated in bold inthe text) and adding weight variablerates for items up to four pounds.DATES: The interim regulations takeeffect March 25, 1996. Comments mustbe received on or before May 28, 1996.ADDRESSES: Written comments shouldbe mailed or delivered to the Manager,Commercial Products, InternationalBusiness Unit, US Postal Service, Room370–IBU, 475 L’Enfant Plaza SW,Washington, DC 20260–4261. Copies ofall written comments will be availablefor public inspection and photocopyingbetween 9 a.m. and 4 p.m., Mondaythrough Friday, at the above address.FOR FURTHER INFORMATION CONTACT: JayThabet, (202) 268–2269.SUPPLEMENTARY INFORMATION: On March17, 1995, the Postal Service publishedin the Federal Register (60 FR 14370)interim regulations implementingWORLDPOST Priority Letter andrequested comments. A final ruleadopting the interim rules as final wasfiled at the Office of the Federal RegisterMarch 25, 1996. In the final rule thename of the service was changed toGlobal Priority Mail service andadditional acceptance points wereadded.

Global Priority Mail is an expeditedairmail service providing fast reliable,and economical delivery of all itemsmailable as letters. Although a GlobalPriority Mail item will travel in thenormal airmail stream between theUnited States and the destinationcountry, the item will receive priority


handling in the United States and,typically, in the destination country. Inthe United States, after the item isdeposited, the Postal Service willtransport it in a dedicated stream to theappropriate gateway for dispatch. Uponarrival in the destination country, theitem will also receive priority handling.Service is available only in certain ZIPCode areas in the United States and onlyto certain countries.

The Postal Service is now expandingthe number of acceptance points tomake the service more widely available.The new acceptance points are set forthbelow. The Postal Service is also addingweight variable rates. With the newrates, customers may use their ownpackaging for items weighing up to 4pounds. Each variable weight item mustbear a Global Priority Mail stickerprovided by the Postal Service. Thesechanges will make Global Priority Mailavailable to more customers and shouldmake the service more useful, bymaking it easier to mail items other thandocuments or letters.

Although 39 U.S.C. 407 does notrequire advance notice and opportunityfor submission of comments, and thePostal Service is exempted by 39 U.S.C.410 (a) from the advance noticerequirements of the AdministrativeProcedure Act regarding proposedrulemaking (5 U.S.C 553), the PostalService invites interested persons tosubmit written data, views, orcomments concerning the interim rule.

The Postal Service adopts thefollowing interim amendments to theInternational Mail Manual, which isincorporated by reference in the Code ofFederal Regulations. See 39 CFR 20.1.


International postal service, Foreignrelations.

PART 20—[AMENDED]


Authority: 5 U.S.C. 552(a); 39 U.S.C. 401,404, 407, 408.

2. Chapter 2 of the International MailManual is amended by revising part 226to read as follows:

2 CONDITIONS FOR MAILING

* * * * *

226 Global Priority Mail

226.1 General

226.11 Definition

Global Priority Mail is an expeditedairmail letter service providing fast,reliable, and economical delivery of allitems mailable as letters or merchandise

up to 4 pounds. Global Priority Mailitems receive priority handling in theUnited States and in destinationcountries. Service is available only todestination countries identified in226.2, from post offices identified in226.3.

226.12 Permissible ItemsAll items sent as letter class mail (see

221.1) are accepted in Global PriorityMail provided the contents are mailableand fit securely in the envelope. GlobalPriority Mail items may contain dutiablemerchandise unless the country ofdestination specifically prohibitsdutiable merchandise in letters (see224.51). Any item that is prohibited ininternational mail is prohibited inGlobal Priority Mail. Refer to the‘‘Country Conditions of Mailing’’ in theindividual country listings forindividual country prohibitions.

226.13 PackagingItems must fit comfortably within the

flat-rate envelope without distorting orbursting the container. No excessive useof tape to keep the envelopes frombursting, only one piece of tape may beused to secure the flap.

226.2 AvailabilityGlobal Priority Mail is available to the

following additional countries:

WesternEurope Pacific Rim North

America

Austria .......... Australia ....... Canada.Belgium ........ Hong Kong.Denmark ....... Japan.Finland ......... Korea, Re-

public of.France .......... New Zealand.Germany ...... Philippines.Iceland .......... Singapore.Ireland .......... Taiwan.Luxembourg . Thailand.Netherlands,

The.Vietnam.

Norway.Portugal.Spain.Sweden.Switzerland.United King-

dom.*

* Includes all points in England, Scotland,Wales, Northern Ireland, Guernsey, Jersey,and the Isle of Man.

226.3 Mailing Locations

226.31 Acceptance Offices and PickupService Locations

Global Priority Mail service isavailable only through the designatedpost offices and the additional postoffices listed in 226.32. Pickup Serviceis available for an additional fee. (See226.83.)

226.32 Service AreasService is available only from the

metropolitan areas as defined by the ZIPCode ranges shown below. If GlobalPriority Mail is presented at a non-participating retail unit, advise thecustomer that the item cannot beaccepted as Global Priority Mail. Refercustomer to the nearest Global PriorityMail retail acceptance unit. Withinthese service areas, prepaid items maybe given to carriers, deposited inExpress Mail collection boxes, or mailedat post offices, stations, and branches.

Global Priority Mail Acceptance Citiesand Three-Digit ZIP Codes

ALABAMAAnniston: 362Birmingham: 352Huntsville: 356, 357, 358Mobile: 366Montgomery: 361, 368ARIZONAPhoenix: 850, 852, 853Tucson: 857ARKANSASLittle Rock: 722West Memphis: 723CALIFORNIAIndustry: 917, 918Inglewood: 902, 903, 904, 905Long Beach: 906, 907, 908Los Angeles: 900, 901North Bay: 949Oakland: 945, 946, 947, 948,Pasadena: 910, 911, 912Salinas: 939San Diego: 919, 920, 921San Francisco: 940, 941, 943, 944San Jose: 950, 951Santa Ana: 926, 927, 928Van Nuys: 913, 914, 915, 916COLORADOBrighton: 806Colorado Springs: 808, 809Denver: 800, 801, 802, 803Longmont: 805Pueblo: 810CONNECTICUTHartford: 060, 061, 062New Haven: 063, 064, 065, 066Stamford: 068, 069Waterbury: 067DELAWAREWilmington: 197, 198, 199DISTRICT OF COLUMBIA (Washington, DC)Washington: 200, 202, 203, 204, 205FLORIDADaytona Beach: 321Fort Myers: 339Ft. Lauderdale: 333Gainesville: 326, 344Jacksonville: 320, 322Lakeland: 338Manasota: 342Miami: 331, 332Mid-Florida: 327


Orlando: 328, 329, 347South Florida: 330St. Petersburg: 337Tallahassee: 323Tampa: 335, 336, 346West Palm Beach: 334, 349GEORGIAAlbany: 317Athens: 306Atlanta: 303, 311Augusta: 298, 308, 309Columbus: 318, 319Macon: 310, 312North Metro: 300, 301, 302, 305Savannah: 299, 313, 314Swainsboro: 304Valdosta: 316Waycross: 315INDIANABloomington: 474Columbus: 472Evansville: 424, 476, 477Fort Wayne: 467, 468Gary: 463, 464Indianapolis: 460, 461, 462Kokomo: 469Lafayette: 479Muncie: 473South Bend: 465, 466Terre Haute: 478Washington: 475ILLINOISBloomington: 617Carbondale: 629Carol Stream: 601, 603Centralia: 628Chicago: 606, 607, 608Effingham: 624Champaign: 618, 619Fox Valley: 605Galesburg: 614Kankakee: 609La Salle: 613Palatine: 600, 602Peoria: 615, 616Quincy: 623, 634, 635Rockford: 610, 611Rock Island: 612Springfield: 625, 626, 627South Suburban: 604IOWABurlington: 526Cedar Rapids: 522, 523, 524Davenport: 527, 528Des Moines: 500, 501, 502, 503, 509Dubuque: 520Mason City: 504Ottumwa: 525Sioux City: 510, 511Waterloo: 506, 507KANSASFort Scott: 667Kansas City: 660, 661, 662Hays: 676Salina: 674Topeka: 664, 665, 666, 668Wichita: 672KENTUCKYAshland: 411, 412Bowling Green: 421, 422Campton: 413, 414Elizabeth: 427

Evansville: 424, 476Louisville: 400, 401, 402, 471Lexington: 403, 404, 405, 406Owensboro: 423Pikeville: 415, 416

LOUISIANA

Baton Rouge: 707, 708New Orleans: 700, 701Hammond: 704Thibodaux: 703

MAINE

Bangor: 044, 046, 047Portland: 040, 041, 042, 043, 045, 048, 049

MARYLAND

Baltimore: 210, 211, 212, 214, 219Cumberland: 215, 267Easton: 216Frederick: 217Salisbury: 218Southern: 206, 207Suburban: 208, 209

MASSACHUSETTS

Boston: 021, 022Brockton: 020, 023, 024Buzzard Bay: 025, 026Middlesex-Essex: 018, 019Pittsfield: 012Springfield: 013, 010, 011Worchester: 014, 015, 016, 017

MICHIGAN

Detroit: 481, 482Flint: 484, 485Gaylord: 497Grand Rapids: 493, 494, 495Jackson: 492Kalamazoo: 490, 491Lansing: 488, 489Royal Oak: 480, 483Saginaw: 486, 487Traverse City: 496

MINNESOTA

Detroit Lakes: 565Duluth: 558Mankato: 560Minneapolis: 553, 554fRochester: 559Saint Cloud: 563St. Paul: 550, 551, 540Thief River Falls: 567Willmar: 562Windom: 561

MISSISSIPPI

Grenada: 389Gulf Port: 395Hattiesburg: 394Jackson: 392McComb: 396

MISSOURI

Cape Girardeau: 636, 637, 638, 639Chillicothe: 646East St. Louis: 622Harrisonville: 647Kansas City: 640, 641Mid-Missouri: 650, 651, 652, 653Saint Joseph: 644, 645Springfield: 648, 654, 655, 656, 657, 658St. Louis: 620, 630, 631, 633

MONTANA

Billings: 591

NEBRASKALincoln: 683, 684, 685Norfolk: 686, 687Omaha: 515, 516, 680, 681NEVADALas Vegas: 891NEW HAMPSHIREManchester: 030, 031, 032, 033, 034Portsmouth: 038, 039NEW JERSEYHackensack: 076Kilmer: 088, 089Monmouth: 077Newark: 070, 071, 072, 073Paterson: 074, 075South Jersey: 080, 081, 082, 083, 084Trenton: 085, 086, 087West Jersey: 078, 079NEW MEXICOAlbuquerque: 871NEW YORKAlbany: 120, 121, 122, 123Binghamton: 137, 138, 139Bronx: 104Brooklyn: 112Buffalo: 140, 141, 142, 143Elmira: 148, 149Glen Falls: 128Jamestown: 147Long Island: 111Mid-Hudson: 124, 125, 126, 127Mid Island: 119New York: 100, 101, 102Plattsburgh: 129Queens: 110, 113, 114, 116Rochester: 144, 145, 146Rockland: 109Staten Island: 103Syracuse: 130, 131, 132Utica: 133, 134, 135Watertown: 136Westchester: 105, 106, 107, 108Western Nassau: 115NORTH CAROLINAAsheville: 287, 288, 289Charlotte: 280, 281, 282, 297Greensboro: 270, 271, 272, 273, 274Hickory: 286Raleigh: 275, 276, 277NORTH DAKOTABismarck: 585Dickinson: 586Devils Lake: 583Fargo: 580, 581Grand Forks: 582Jamestown: 584Minot: 587Williston: 588OHIOAkron: 442, 443Athens: 457Canton: 446, 447Chillicothe: 456Cincinnati: 410, 450, 451, 452, 470Cleveland: 440, 441Columbus: 430, 431, 432, 433Dayton: 453, 454, 455Lima: 458Mansfield: 448, 449Steubenville: 439Toledo: 434, 435, 436


Youngstown: 444, 445Zanesville: 337–338OKLAHOMAArdmore: 734Clinton: 736Durant: 747Enid: 737Lawton: 735McAlester: 745Muskogee: 744Oklahoma City: 730, 731Ponca City: 746Poteau: 749Shawnee: 748Tulsa: 740, 741, 743Woodard: 738OREGONPortland: 972PENNSYLVANIAAltoona: 166, 168Bradford: 167Dubois: 158Erie: 164, 165Greensburg: 156Harrisburg: 170, 171, 172, 178Johnstown: 155, 157, 159Lancaster: 173, 174, 175, 176Lehigh Valley: 180, 181, 183New Castle: 160, 161, 162Oil City: 163Philadelphia: 190, 191Pittsburgh: 150, 151, 152, 153, 154Reading: 179, 195, 196Scranton: 184, 185, 188Southeastern: 189, 193, 194Wilkes-Barre: 182, 186, 187PUERTO RICO/VIRGIN ISLANDSSan Juan: 006, 007, 008, 009RHODE ISLANDProvidence: 027, 028, 029SOUTH CAROLINACharleston: 294Columbia: 290, 291, 292Florence: 295Greenville: 293, 296SOUTH DAKOTAAberdeen: 574Dakota Central: 572, 573Mobridge: 576Pierre: 575Rapid City: 577Sioux Falls: 570, 571TENNESSEEChattanooga: 307, 373, 374Columbia: 384Cookeville: 385Jackson: 383Johnson City: 376Knoxville: 377, 378, 379McKenzie: 382Memphis: 380, 381, 386Nashville: 370, 371, 372TEXASAbilene: 768, 795, 796Amarillo: 791Austin: 786, 787, 789Beaumont: 776, 777Bryan: 778Corpus Christi: 784Dallas: 751, 752, 753

El Paso: 799Fort Worth: 760, 761, 762, 764Greenville: 754Houston: 770, 772Longview: 756Lubbock: 794Lufkin: 759North Houston: 773, 774, 775North Texas: 750Palestine: 758San Angelo:769San Antonio: 780, 781, 782, 788Texarkana: 755Tyler: 757Waco: 765, 766, 767Wichita Falls: 763UTAHProvo: 845, 846, 847Salt Lake City: 840, 841, 843, 844VERMONTBurlington: 054, 056White River Junction: 035, 036, 037, 050,051, 052, 053, 057, 058, 059VIRGINIACharlottesville: 228, 229, 244Culpeper: 227Farmville: 239Northern Virginia: 201, 220, 221, 222, 223Norfolk: 233, 234, 235, 236, 237Richmond: 224, 225, 230, 231, 232, 238Winchester: 226WASHINGTONEverett: 982Olympia: 985Seattle: 980, 981Tacoma: 983, 984Wenatchee: 988Yakima: 989WEST VIRGINIACharleston: 250, 251, 252, 253Huntington: 255, 256, 257Martinsburg: 254Wheeling: 260WISCONSINEau Claire: 547Green Bay: 543La Crosse: 546Madison: 537Milwaukee: 530, 531, 532Oshkosh: 549Racine: 534Spooner: 548WYOMINGCheyenne: 820

226.4 Postage

226.41 Flat Rate Envelopes PostageEach Global Priority Mail flat rate

envelope is charged at a flat rate. Therate is based on the geographic rate zoneregardless of its actual weight. Postageis required for each piece.

EXHIBIT 226.41

DestinationSmallenve-lope

Largeenve-lope

Western Europe * .......... $3.75 $6.95

EXHIBIT 226.41—Continued

DestinationSmallenve-lope

Largeenve-lope

Canada * ........................ 3.75 6.95Pacific Rim * .................. 4.95 8.95

* See 226.2 for listing.

226.42 Variable Weight OptionPostage—Single Piece Rates

Global Priority Mail variable weightrates are calculated in half (or fractionthereof) increments based on the weightof each piece the destination geographicrate zone up to four pounds. (SeeExhibit 226.42.)

EXHIBIT 226.42.—VARIABLE WEIGHTRATE STICKER POSTAGE

Weight level(lbs.)

WesternEurope

PacificRim Canada

0.5 ............... $7.00 $8.00 $5.951.0 ............... 10.50 12.50 10.001.5 ............... 12.50 16.95 13.502.0 ............... 15.00 21.00 16.502.5 ............... 17.50 23.95 18.003.0 ............... 19.95 27.25 19.503.5 ............... 22.00 31.50 21.004.0 ............... 24.75 34.50 22.50

226.43 Global Priority Mail Sticker—Volume Rates

226.431 Minimum QuantityRequirement

The mailer must have a minimum of5 or more pieces to one or more GlobalPriority Mail countries. The minimumdoes not apply to each geographic zonerate.

226.432 Mailing StatementPostage for volume rate mail and

permit imprint must be computed onForm 3653, Global Priority MailStatement of Mailings.

EXHIBIT 226.43.—VARIABLE WEIGHTSTICKER OPTION—VOLUME RATES

Weight level WesternEurope

PacificRim Canada

0.5 ............... $5.95 $6.95 $5.001.0 ............... 8.50 10.00 7.501.5 ............... 10.00 13.50 10.002.0 ............... 12.00 16.95 12.502.5 ............... 14.00 19.25 13.503.0 ............... 16.95 21.95 14.503.5 ............... 19.95 25.50 15.504.0 ............... 22.50 27.75 16.50

226.5 Payment Methods

226.51 Postage Payment MethodsNonidentical weight piece mailings

must have the applicable postage affixedby adhesive stamps, meter stamps or if


presented at a post office, postalvalidation imprinter (PVI labels).Identical weight piece mailings may bepaid by meter stamps, adhesive stamps,PVI labels or permit imprint subject tocertain standards. To use permitimprint, the mailing must consist of 200or more pieces and be of identicalweight. The 200 pieces criteria forpermit imprint applies to both volumerate and flat rate mail. Mailers may usepermit imprint with nonidenticalweight items only if authorized by theUSPS under a Manifest Mailing System(MMS), in Domestic Mail Manual(DMM) P710.

226.52 Postal Marking Related toVolume Rate Postage

When pieces are paid at the volumerate and paid by stamps or meterimpression, each piece must be legiblymarked with the words ‘‘Volume RateGlobal Priority Mail.’’ If stamps are usedthe endorsement must appear on theaddress side of each piece and must beapplied by a printing press, hand stampor other similar printing device. If meterimpression is used the endorsementmust be in the ad plate or the slug area.If part of the slug, the abbreviation GPMVol. Rate may be used. See DMMP030.4.14 for specification of sizerequirements.

226.53 Permit Imprint Content andFormat

All permit imprints on Global PriorityMail must show city and state, ‘‘GlobalPriority Mail,’’ U.S. Postage Paid, andpermit number. They may show themailing date, amount of postage paid orthe number of ounces for each postage.

226.54 Meter Stamps ContentAt a minimum, a meter stamp must

show the month, day and year in thepostmark, city and state designation ofthe licensing post office, the number,and the amount of postage. See DMMP030.4.6.

226.6 Preparation Requirements

226.61 AddressingAll items must bear the complete

delivery address of the addressee andthe full name (no abbreviations) of thedestination country. See 122.

226.62 MarkingGlobal Priority Mail items must be

mailed in special envelopes (EP–15A,EP–15B) or with the Global Priority Mailsticker (DEC–10) provided by the PostalService. (These supplies may beobtained by calling 800–222–1811.)Unmarked pieces are subject to theapplicable LC/AO airmail regular ratesand treatment. Pieces paid at the Global

Priority Mail sticker rate must be affixedto the address side of the package.

226.63 Customs

A green customs label must be affixedif the package is 1 pound or more,regardless of its contents. Onlydocuments and correspondence under 1pound do not require a customs form.

226.7 Size and Weight Limits

226.71 Size Limits

226.72 Flat-Rate Envelope Sizes

a. Small Size: 6×10 inches.b. Large Size: 91⁄2×121⁄2 inches.

226.73 Package Sizes for VariableWeight Option

a. Minimum length and height:51⁄2×31⁄2 inches.

b. Minimum depth (thickness): .007inches.

c. Maximum length: 24 inches.d. Maximum length, height, depth

(thickness) combined: 36 inches.

226.74 Rolls

a. Minimum length: 4 inches.b. Minimum length plus twice the

diameter combined: 63⁄4 inches.c. Maximum length: 36 inches.d. Maximum length plus twice the

diameter combined: 42 inches.

226.75 Weight Limits

Items sent as Global Priority Mail inenvelopes and the variable weightoption must not exceed 4 pounds.

226.76 Special Services

Mailers may obtain certificates ofmailing (see 310). No other specialservices such as registry, insurance,restricted delivery, return receipt, orrecorded delivery are available.

226.8 Mailer Preparation

226.81 Mailer Requirement

Global Priority Mail claimed at thevolume rate must be separated bygeographic rate zone (Western Europe,Pacific Rim, and Canada) whenpresented to the business mail entryunit unless otherwise authorized by theUSPS. All pieces in a permit imprintmailing and metered mail must befacing the same direction.

226.82 Deposit Of Mail

Global Priority Mail pieces paid bypermit imprint and pieces claimed atthe Global Priority Mail volume ratesmust be deposited at a business mailacceptance unit as authorized by thepostmaster in the designated GlobalPriority Mail sites for weighing. Flat rateenvelopes with postage affixed may bedeposited in any Express Mail Street

collection or other such place whereExpress Mail is accepted. Metered mailmust be deposited in locations underthe jurisdiction of the licensing postoffice except as permitted under DMMP030.

226.83 Pickup Service

On call and scheduled pickup serviceare available for Global Priority Mailfrom the designated Global Priority Mailacceptance cities. There is a charge of$4.95 for each pickup stop, regardless ofthe number of pieces picked up. (SeeDMM D010 for standards of pickupservice.) Pickup is not available forGlobal Priority Mail pieces if paid bypermit imprint or claimed at the volumerate.* * * * *

A transmittal letter making thechanges in the pages of the InternationalMail Manual will be published andtransmitted automatically tosubscribers. Notice of issuance of thetransmittal letter will be published inthe Federal Register as provided by 39CFR 20.3.Stanley F. Mires,Chief Counsel, Legislative.[FR Doc. 96–7587 Filed 3–26–96; 10:30 am]BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 60

[AD–FRL–5449–8]

Standards of Performance for NewStationary Sources: Industrial-Commercial-Institutional SteamGenerating Units; Louisiana

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final revision of rule.

SUMMARY: New source performancestandards (NSPS) limiting emissions ofnitrogen oxides (NOX) from industrial-commercial-institutional steamgenerating units capable of combustingmore than 100 million Btu per hourwere proposed on June 19, 1984 andwere promulgated on November 25,1986. These standards limit NOX

emissions from the combustion of fossilfuels, as well as the combustion of fossilfuels with other fuels or wastes. Thestandards include provisions forfacility-specific NOX standards forsteam generating units whichsimultaneously combust fossil fuel andchemical byproduct waste(s) undercertain conditions. This documentapproves a facility-specific NOX


standard that was proposed onDecember 28, 1994 for a steamgenerating unit which simultaneouslycombusts fossil fuel and chemical by-product waste (vent gas) at the CytecIndustries Fortier Plant located inWestwego, Louisiana.EFFECTIVE DATE: March 29, 1996.ADDRESSES: Docket. Docket Number A–94–48, containing supportinginformation used in developing theproposed revision, is available forpublic inspection and copying betweenthe hours of 8:00 a.m. and 4:00 p.m.,Monday through Friday (except forgovernment holidays) at the EPA’s Airand Radiation Docket and InformationCenter, Room M1500, 401 M Street,SW., Washington, DC 20460. Areasonable fee may be charged forcopying.FOR FURTHER INFORMATION CONTACT: Mr.George Smith at telephone number (919)541–1549, Emission Standards Division,Combustion Group (MD–13), U.S.Environmental Protection Agency,Research Triangle Park, North Carolina27711.


BackgroundThe objective of the NSPS,

promulgated on November 25, 1986 is tolimit NOX emissions from thecombustion of fossil fuel. For steamgenerating units combusting by-productwaste, the requirements of the NSPSvary depending on the operation of thesteam generating units.

During periods when only fossil fuelis combusted, the steam generating unitmust comply with the NOX emissionlimits in the NSPS for fossil fuel. Duringperiods when only by-product waste iscombusted, the steam generating unitmay be subject to other requirements orregulations which limit NOX emissions,but it is not subject to NOX emissionlimits under the NSPS. In addition, ifthe steam generating unit is subject toFederally enforceable permit conditionslimiting the amount of fossil fuelcombusted in the steam generating unitto an annual capacity factor of 10percent or less, the steam generatingunit is not subject to NOX emissionlimits under the NSPS when itsimultaneously combusts fossil fuel andby-product waste.

With the exception noted above,during periods when fossil fuel and by-product waste are simultaneouslycombusted in a steam generating unit,the unit must generally comply withNOX emission limits under § 60.44b(e)of the NSPS. Under § 60.44b(e) theapplicable NOX emission limit dependson the nature of the by-product waste

combusted. In some situations,however, ‘‘facility-specific’’ NOX

emission limits developed under§ 60.44b(f) may apply. The order fordetermining which NOX emission limitapplies is as follows.

A steam generating unitsimultaneously combusting fossil fueland by-product waste is expected tocomply with the NOX emission limitunder § 60.44b(e); only in a fewsituations may NOX emission limitsdeveloped under § 60.44b(f) apply.Section 60.44b(e) includes an equationto determine the NOX emission limitapplicable to a steam generating unitwhen it simultaneously combusts fossilfuel and by-product waste.

Only where a steam generating unitwhich simultaneously combusts fossilfuel and by-product waste is unable tocomply with the NOX emission limitdetermined under § 60.44b(e), might afacility-specific NOX emission limitunder § 60.44b(f) apply. This sectionpermits a steam generating unit topetition the Administrator for a facility-specific NOX emission limit. A facility-specific NOX emission limit will beproposed and promulgated by theAdministrator for the steam generatingunit, however, only where the petitionis judged to be complete.

To be considered complete, a petitionfor a facility-specific NOX standardunder § 60.44b(f) consists of threecomponents. The first component is ademonstration that the steam generatingunit is able to comply with the NOX

emission limit for fossil fuel whencombusting fossil fuel alone. Thepurposes of this provision are to ensurethat the steam generating unit hasinstalled best demonstrated NOX controltechnology, to identify the NOX controltechnology installed, and to identify themanner in which this technology isoperated to achieve compliance with theNOX emission limit for fossil fuel.

The second component of a completepetition is a demonstration that thisNOX control technology does not enablecompliance with the NOX emissionlimit for fossil fuel when the steamgenerating unit simultaneouslycombusts fossil fuel with chemical by-product waste under the sameconditions used to demonstratecompliance on fossil fuel alone. Inaddition, this component of the petitionmust identify what unique and specificproperties of the chemical by-productwaste(s) are responsible for preventingthe steam generating unit fromcomplying with the NOX emission limitfor fossil fuel.

The third component of a completepetition consists of data and/or analysisto support a facility-specific NOX

standard for the steam generating unitwhen it simultaneously combusts fossilfuel and chemical by-product waste andoperates the NOX control technology inthe same manner in which it would beoperated to demonstrate and maintaincompliance with the NOX emissionlimit for fossil fuel, if only fossil fuelwere combusted. This component of thepetition must identify the NOX emissionlimit(s) and/or operating parameterlimits, and appropriate testing,monitoring, reporting andrecordkeeping requirements which willensure operation of the NOX controltechnology and minimize NOX

emissions at all times.Upon receipt of a complete petition,

the Administrator will propose afacility-specific NOX standard for thesteam generating unit when itsimultaneously combusts chemical by-product waste with fossil fuel. The NOX

standard will include the NOX emissionlimit(s) and/or operating parameterlimit(s) to ensure operation of the NOX

control technology at all times, as wellas appropriate testing, monitoring,reporting and recordkeepingrequirements.

Comments on the Proposed Standards

After completing construction of itsC.AOG incinerator, Cytec Industriesconducted tests of NOX emissions underactual operating conditions. CytecIndustries has provided the emissionsdata from these tests to the EPA(Agency). The actual emissions datacomes very close to what was predictedby the calculations made by CytecIndustries, and thus demonstrates theactual need for the facility-specific NOX

standard.Aside from the emissions data

supplied to the Agency by CytecIndustries, no other comments werereceived on the proposed standard.Consequently, the Administrator hasdecided not to change the proposedstandard, and to promulgate it, asproposed.

Administrative Requirements

Executive Order 12866

Under Executive Order 12866 (58 FR51735, (October 4, 1993)) , the Agencymust determine whether the regulatoryaction is ‘‘significant’’ and, therefore,subject to OMB review and therequirements of the Executive Order.The Order defines a ‘‘significantregulatory action’’ as one that is likelyto result in a rule that may:

1. Have an annual effect on theeconomy of $100 million or more oradversely affect in a material way theeconomy, a sector of the economy,


productivity, competition, jobs, theenvironment, public health or safety, orState, local, or tribal governments orcommunities;

2. Create a serious inconsistency orotherwise interfere with an action takenor planned by another agency;

3. Materially alter the budgetaryimpact of entitlements, grants, user fees,or land programs or the rights andobligations of recipients thereof; or

4. Raise novel legal or policy issuesarising out of legal mandates, thePresident’s priorities, or the principlesset forth in the Executive Order.

This rule was classified ‘‘non-significant’’ under Executive Order12866 and, therefore, was not reviewedby the Office of Management andBudget.

Paperwork Reduction Act

The information collectionrequirements of the previouslypromulgated NSPS under 40 CFR Part60, Subpart Db were submitted to andapproved by the Office of Managementand Budget. A copy of this InformationCollection Request (ICR) document(OMB control number 2060–0135) maybe obtained from Sandy Farmer,Information Policy Branch (PM–223Y);U.S. Environmental Protection Agency;401 M Street, SW; Washington, DC20460 or by calling (202) 260–2740.Today’s changes to the NSPS do notaffect the information collection burdenestimates made previously. Theinformation that is required to becollected for this facility specific NOX

standard is the same as for all otheraffected facilities subject to these NSPS.Therefore, the ICR has not been revised.

Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)of 1980 requires the identification ofpotentially adverse impacts of Federalregulations upon small businessentities. The RFA specifically requiresthe completion of a RegulatoryFlexibility Analysis in those instanceswhere small business impacts arepossible. Because this rulemakingimposes no adverse economic impacts,a Regulatory Flexibility Analysis has notbeen prepared.

Pursuant to the provisions of 5 U.S.C.605(b), I hereby certify that this rule willnot have a significant economic impacton a substantial number of smallbusiness entities.


Environmental protection,Administrative practice and procedure,Air pollution control.

Dated: March 22, 1996.Carol M. Browner,Administrator.

Title 40, chapter I, part 60, of theCode of Federal Regulations is amendedto read as follows:

PART 60—STANDARDS OFPERFORMANCE FOR NEWSTATIONARY SOURCES

Subpart Db—Standards ofPerformance for IndustrialCommercial-Institutional SteamGenerating Units


Authority: 42 U.S.C. 7401, 7411, 7414,7416, 7429, and 7601.

2. Section 60.49b is amended byadding paragraph (s) as follows:

§ 60.49b Reporting and recordkeepingrequirements.

* * * * *(s) Facility specific nitrogen oxides

standard for Cytec Industries FortierPlant’s C.AOG incinerator located inWestwego, Louisiana:

(1) Definitions.Oxidation zone is defined as the

portion of the C.AOG incinerator thatextends from the inlet of the oxidizingzone combustion air to the outlet gasstack.

Reducing zone is defined as theportion of the C.AOG incinerator thatextends from the burner section to theinlet of the oxidizing zone combustionair.

Total inlet air is defined as the totalamount of air introduced into theC.AOG incinerator for combustion ofnatural gas and chemical by-productwaste and is equal to the sum of the airflow into the reducing zone and the airflow into the oxidation zone.

(2) Standard for nitrogen oxides.(i) When fossil fuel alone is

combusted, the nitrogen oxidesemission limit for fossil fuel in§ 60.44b(a) applies.

(ii) When natural gas and chemicalby-product waste are simultaneouslycombusted, the nitrogen oxidesemission limit is 289 ng/J (0.67 lb/million Btu) and a maximum of 81percent of the total inlet air provided forcombustion shall be provided to thereducing zone of the C.AOG incinerator.

(3) Emission monitoring.(i) The percent of total inlet air

provided to the reducing zone shall bedetermined at least every 15 minutes bymeasuring the air flow of all the airentering the reducing zone and the airflow of all the air entering the oxidation

zone, and compliance with thepercentage of total inlet air that isprovided to the reducing zone shall bedetermined on a 3-hour average basis.

(ii) The nitrogen oxides emission limitshall be determined by the complianceand performance test methods andprocedures for nitrogen oxides in§ 60.46b.

(iii) The monitoring of the nitrogenoxides emission limit shall beperformed in accordance with § 60.48b.

(4) Reporting and recordkeepingrequirements.

(i) The owner or operator of theC.AOG incinerator shall submit a reporton any excursions from the limitsrequired by paragraph (a)(2) of thissection to the Administrator with thequarterly report required by § 60.49b(i).

(ii) The owner or operator of theC.AOG incinerator shall keep records ofthe monitoring required by paragraph(a)(3) of this section for a period of 2years following the date of such record.

(iii) The owner of operator of theC.AOG incinerator shall perform all theapplicable reporting and recordkeepingrequirements of § 60.49b.* * * * *[FR Doc. 96–7746 Filed 3–28–96; 8:45 am]BILLING CODE 6560–50–P

40 CFR Part 110

[FRL-5449-6]

Oil Discharge Program; EditorialRevision of Rules; Correction

AGENCY: Environmental ProtectionAgency.ACTION: Correction to final regulations.

SUMMARY: This document contains acorrection to the final regulations whichwere published Wednesday, February28, 1996 (61 FR 7419). The regulationscontained nonsubstantive, editorialrevisions to 40 CFR part 110.EFFECTIVE DATE: March 29, 1996.FOR FURTHER INFORMATION CONTACT:Hugo Paul Fleischman, Office ofEmergency and Remedial Response,U.S. Environmental Protection Agency,401 M St., SW, Washington, DC 20460,mail code 5203G, phone (703)603–8769;or the RCRA/Superfund Hotline, phone(800)424–9346 or (703)603–9232 in theWashington, DC, metropolitan area.SUPPLEMENTARY INFORMATION

Background

In the rulemaking, EPA reviewed 40CFR part 110, and removed text whichunnecessarily repeats section 311 of theAct. EPA also revised regulatory text: tomake it more concise, to conform more


closely to statutory language, or toeliminate text which is legally obsolete.All of these changes were editorial.None effected any changes to thesubstance of the revised rules. EPA alsoredesignated affected sections asnecessary.

Need for CorrectionAs published, the final rule contained

an incorrect phone number, whichcould mislead the public and istherefore in need of correction.

Correction of PublicationAccordingly, the publication on

February 28, 1996, of the final ruledescribed above, is corrected as follows:

§ 110.6 [Corrected]Paragraph 1. On page 7421, in the

third column, in § 110.6 Notice, in thelast line (line nine) of the indentedparagraph, the phone number, ‘‘202–462–2675,’’ is corrected to read ‘‘202–426–2675.’’

Dated: March 22, 1996.Stephen D. Luftig,Director, Office of Emergency and RemedialResponse.[FR Doc. 96–7751 Filed 3–28–96; 8:45 am]BILLING CODE 6560–50–C

FEDERAL MARITIME COMMISSION

46 CFR Part 501

The Federal Maritime Commission—General

AGENCY: Federal Maritime Commission.ACTION: Final rule; correction.

SUMMARY: The Federal MaritimeCommission is correcting its recentdocument which amended its statementof delegations of authorities to add newauthority delegated to the Director of theBureau of Economics and AgreementAnalysis to grant or deny applicationsfor waivers of certain regulations in 46CFR Part 572.EFFECTIVE DATE: March 29, 1996.FOR FURTHER INFORMATION CONTACT:Joseph C. Polking, Secretary, FederalMaritime Commission, 800 NorthCapitol Street, N.W., Washington, DC20573–0001, (202) 523–5725.SUPPLEMENTARY INFORMATION: In theCommission’s Final Rule in this matter,published March 12, 1996 (61 FR 9944),amendatory instruction 2 is corrected toread:

‘‘In section 501.26, paragraph (f) isamended by changing the reference to‘‘572.404’’ to ‘‘572.406,’’ and bychanging the references to ‘‘572.501 and572.502’’ to ‘‘572.404 and 572.405’’’

paragraphs (g) through (n) areredesignated (i) through (p); newlyredesignated (i)(6) is removed; thereferences to ‘‘paragraph (g) of thissection’’ in newly redesignatedparagraphs (j) and (k) are revised to read‘‘paragraph (i) of this section;’’ and newparagraphs (g) and (h) are added, asfollows:’’Joseph C. Polking,Secretary.[FR Doc. 96–7692 Filed 3–28–96; 8:45 am]BILLING CODE 6730–01–M

FEDERAL COMMUNICATIONSCOMMISSION

47 CFR Part 73

[MM Docket No. 95–78; RM–8619, RM–8678]

Radio Broadcasting Services;Stonewall, MS, and Lisman, AL

AGENCY: Federal CommunicationsCommission.ACTION: Final rule.

SUMMARY: The Commission, at therequest of Stonewall Broadcasters, allotsChannel 295A to Stonewall,Mississippi, as the community’s firstlocal FM service. See 60 FR 31277, June14, 1995. At the request of LismanCommunity Broadcasting Company,Inc., the Commission allots Channel299A to Lisman, Alabama, as thecommunity’s first local FM service.Channels 295A and 299A can beallotted to Stonewall and Lisman,respectively, in compliance with theCommission’s minimum distanceseparation requirements. Channel 295Acan be allotted to Stonewall with a siterestriction of 14.1 kilometers (8.7 miles)northeast to avoid a short-spacing withStation WSTZ(FM), Channel 294C,Vicksburg, Mississippi. Channel 299Acan be allotted to Lisman without theimposition of a site restriction. Thecoordinates for Channel 295A atStonewall, Mississippi, are 32–11–37and 88–39–48. The coordinates forLisman, Alabama, are 32–10–07 and 88–16–57. With this action, this proceedingis terminated.DATES: Effective May 10, 1996. Thewindow period for filing applicationswill open on May 10, 1996, and closeon June 10, 1996.FOR FURTHER INFORMATION CONTACT: PamBlumenthal, Mass Media Bureau, (202)418–2180.SUPPLEMENTARY INFORMATION: This is asynopsis of the Commission’s Reportand Order, MM Docket No. 95–78,adopted March 15, 1996, and releasedMarch 26, 1996. The full text of this

Commission decision is available forinspection and copying during normalbusiness hours in the FCC ReferenceCenter (Room 239), 1919 M Street, NW.,Washington, DC. The complete text ofthis decision may also be purchasedfrom the Commission’s copy contractor,ITS, Inc., (202) 857–3800, 2100 MStreet, NW., Suite 140, Washington, DC20037.


Radio broadcasting.

Part 73 of title 47 of the Code ofFederal Regulations is amended asfollows:

PART 73—[AMENDED]


Authority: Secs. 303, 48 Stat., as amended,1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FMAllotments under Mississippi andAlabama, is amended by addingStonewall, Channel 295A and by addingLisman, Channel 299A.Federal Communications Commission.John A. Karousos,Chief, Allocations Branch, Policy and RulesDivision, Mass Media Bureau.[FR Doc. 96–7623 Filed 3–28–96; 8:45 am]BILLING CODE 6712–01–F

GENERAL SERVICESADMINISTRATION

48 CFR Parts 501, 504, 511, 512, 515and 552

[APD 2800.12A CHGE 70]

RIN 3090–AF86

General Services AdministrationAcquisition Regulation; Acquisition ofCommercial Items

AGENCY: Office of Acquisition Policy,GSA.ACTION: Interim rule with request forcomments; correction.

SUMMARY: This document correctseditorial errors in the interim rule,published in the Federal Register onFebruary 16, 1996 (61 FR 6164).EFFECTIVE DATE: March 4, 1996.FOR FURTHER INFORMATION CONTACT:Les Davison, GSA Acquisition PolicyDivision, (202) 501–1224.SUPPLEMENTARY INFORMATION: In FRdocument 96–3593, beginning on page6164, in the issue of February 16, 1996,make the following corrections:


1. Authority: 40 U.S.C. 486(c).

501.105 [Corrected]2. On page 6164, item No. 2 at the

bottom of column 3 is corrected to readas follows:

2. Section 501.105 is amended byrevising the following GSAR referencesto read as follows:

510.004–70 is redesignated as511.170(b)(3), 510.011(i) is redesignatedas 511.204(g), 512.104(a)(2) isredesignated as 511.404(a)(2) and512.104(a)(4) is redesignated as511.404(a)(5).

3. On page 6165, item No. 3 at the topof column 1 is corrected to read asfollows:

3. Section 504.803 is amended in thefirst sentence of paragraph (a) byremoving ‘‘(28)’’ and inserting ‘‘(27)’’

and by revising paragraphs (a)(12) and(a)(25) to read as follows:

4. On page 6165, column 1, ‘‘PART10—MARKET RESEARCH’’ is correctedto read ‘‘PART 510—MARKETRESEARCH.’’

511.404 [Corrected]

5. On page 6166, column 2, in section511.404(a)(3) is corrected by removingthe last sentence and inserting in itsplace two sentences to read as follows:

* * * For items having a limitedshelf-life, Alternate I to 48 CFR552.211–79 must be substituted for thebasic clause when required by thedirector of the FSS commodity centerconcerned. The Age on Delivery clauseat 48 CFR 552.211–80 should be usedwhen the required shelf life period is

more than 12 months, or when sourceinspection can be performed within ashort time period.

515.804–6 [Corrected]

6. On page 6168, column 2, thesecond line in paragraph (b)(5) of the‘‘Commercial Sales Practices’’ format,‘‘paragraph (b) (1) through (4)’’ iscorrected to read ‘‘paragraphs (1)through (4)’’.

7. On page 6170, in item 48, ‘‘52.211–82’’ is corrected to ‘‘552.211–82.’’

Dated: March 20, 1996.Ida M. Ustad,Deputy Associate Administrator forAcquisition Policy.[FR Doc. 96–7515 Filed 3–28–96; 8:45 am]BILLING CODE 6820–61–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

14034

Vol. 61, No. 62




14 CFR Part 39

[Docket No. 96–NM–31–AD]

Airworthiness Directives; BoeingModel 727 and Model 737 SeriesAirplanes Equipped With J.C. CarterCompany Fuel Valve Actuators

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

SUMMARY: This document proposes theadoption of a new airworthinessdirective (AD) that is applicable tocertain Boeing Model 727 and Model737 series airplanes. This proposalwould require replacement of theactuator of the engine fuel shutoff valveand the fuel system crossfeed valve withan improved actuator. This proposal isprompted by a report indicating that,during laboratory tests, the actuatorclutch on the engine shutoff andcrossfeed valves slipped at coldtemperatures due to improperfunctioning. The actions specified bythe proposed AD are intended toprevent improper functioning of theseactuators, which could result in a fuelimbalance due to the inability of theflightcrew to crossfeed fuel; improperlyfunctioning actuators could also preventthe pilot from shutting off the fuel to theengine following an engine failure and/or fire.DATES: Comments must be received byMay 6, 1996.ADDRESSES: Submit comments intriplicate to the Federal AviationAdministration (FAA), TransportAirplane Directorate, ANM–103,Attention: Rules Docket No. 96–NM–31–AD, 1601 Lind Avenue, SW.,Renton, Washington 98055–4056.Comments may be inspected at thislocation between 9:00 a.m. and 3:00p.m., Monday through Friday, exceptFederal holidays.

The service information referenced inthe proposed rule may be obtained fromJ.C. Carter Company Inc., AerospaceComponents and Repair Service, 673 W.17th Street, Costa Mesa, California92627–3605. This information may beexamined at the FAA, TransportAirplane Directorate, 1601 LindAvenue, SW., Renton, Washington.FOR FURTHER INFORMATION CONTACT:Stephen S. Bray, Aerospace Engineer,Propulsion Branch, ANM–140S, FAA,Transport Airplane Directorate, SeattleAircraft Certification Office, 1601 LindAvenue, SW., Renton, Washington98055–4056; telephone (206) 227–2681;fax (206) 227–1181.


Comments InvitedInterested persons are invited to

participate in the making of theproposed rule by submitting suchwritten data, views, or arguments asthey may desire. Communications shallidentify the Rules Docket number andbe submitted in triplicate to the addressspecified above. All communicationsreceived on or before the closing datefor comments, specified above, will beconsidered before taking action on theproposed rule. The proposals containedin this notice may be changed in lightof the comments received.

Comments are specifically invited onthe overall regulatory, economic,environmental, and energy aspects ofthe proposed rule. All commentssubmitted will be available, both beforeand after the closing date for comments,in the Rules Docket for examination byinterested persons. A reportsummarizing each FAA-public contactconcerned with the substance of thisproposal will be filed in the RulesDocket.

Commenters wishing the FAA toacknowledge receipt of their commentssubmitted in response to this noticemust submit a self-addressed, stampedpostcard on which the followingstatement is made: ‘‘Comments toDocket Number 96–NM–31–AD.’’ Thepostcard will be date stamped andreturned to the commenter. Availabilityof NPRMs

Any person may obtain a copy of thisNPRM by submitting a request to theFAA, Transport Airplane Directorate,ANM–103, Attention: Rules Docket No.96–NM–31–AD, 1601 Lind Avenue,SW., Renton, Washington 98055–4056.

DiscussionOn July 7, 1995, the FAA issued AD

95–15–06, amendment 39–9309 (60 FR37811, July 24, 1995), applicable tocertain Boeing Model 727 and Model737 series airplanes, to requirereplacement of the actuator of theengine fuel shutoff valve and the fuelsystem crossfeed valve with animproved actuator. That action wasprompted by reports indicating that,during laboratory tests on Model 737series airplanes, the actuator clutch onthe engine shutoff and crossfeed valvesslipped at cold temperatures due toimproper functioning. The requirementsof that AD are intended to preventimproper functioning of these actuators,which could result in a fuel imbalancedue to the inability of the flightcrew tocrossfeed fuel; improperly functioningactuators could also prevent the pilotfrom shutting off the fuel to the enginefollowing an engine failure and/or fire.

Since issuance of that AD, the FAAhas received a report indicating that anadditional fuel valve actuator havingpart number (P/N) 40574–5 (KearfottModel 3715–9) installed on certainModel 727 and Model 737 seriesairplanes is also subject to the samefailure. Therefore, the FAA hasdetermined that this additional actuatoris subject to the same unsafe conditionaddressed in AD 95–15–06.

The FAA has reviewed and approvedJ.C. Carter Company Service Bulletin61163–28–09, dated September 28,1995. The service bulletin describesprocedures for replacement of actuatorshaving P/N 40574–5 (Kearfott Model3715–9) and P/N 40574–2 (KearfottModel 3715–7 and 3715–8) on the fuelsystem crossfeed valve and the engineshutoff valves. These actuators arereplaced with new actuators having P/N 40574–4; or with actuators having P/N 40574–2 (Kearfott Model 3715–7)with nameplates indicating that theywere manufactured by General Design,Midland Ross, Janitrol Aero Division, orFL Aerospace/General Design (exceptFL Aerospace/General Design serialnumbers 0001 through 0200, inclusive).

Since an unsafe condition has beenidentified that is likely to exist ordevelop on other products of this sametype design, the proposed AD wouldrequire replacement of the actuatorhaving P/N 40574–5 (Kearfott Model3715–9) on the fuel system crossfeedvalve and the engine shutoff valves

14035Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Proposed Rules

either with a new actuator having P/N40574–4, or with an actuator having P/N 40574–2 and an appropriatenameplate. The actions would berequired to be accomplished inaccordance with the service bulletindescribed previously.

Operators should note that, althoughthe service bulletin specifiesreplacement of actuators having P/N40574–5 (Kearfott Model 3715–9) and P/N 40574–2 (Kearfott Model 3715–7 and3715–8), this proposed AD wouldrequire replacement of only P/N 40574–5. Actuators having P/N 40574–2currently are required to be replaced inaccordance with AD 95–15–06.

[Note: The FAA’s normal policy is thatwhen an AD requires a substantive change,such as a change (expansion) in itsapplicability, the ‘‘old’’ AD is superseded byremoving it from the system and a new ADis added. In the case of this AD action, theFAA normally would have proposedsuperseding AD 95–15–06 to expand itsapplicability to include the J.C. CarterCompany fuel valve actuator having P/N40574–5 as an additional affected actuator.However, in reconsideration of the entirefleet size that would be affected by asupersedure action, and the consequentworkload associated with revisingmaintenance record entries, the FAA hasdetermined that a less burdensome approachis to issue a separate AD applicable only tothe additional actuator. This AD does notsupersede AD 95–15–06; airplanes listed inthe applicability of AD 95–15–06 arerequired to continue to comply with therequirements of that AD. This proposed ADis a separate AD action, and is applicableonly to airplanes equipped with J.C. CarterCompany fuel valve actuator having P/N40574–5.]

There are approximately 4,137 BoeingModel 727 and Model 737 seriesairplanes of the affected design in theworldwide fleet. The FAA estimates that2,190 airplanes of U.S. registry would beaffected by this proposed AD, that itwould take approximately 3 work hoursper airplane to accomplish the proposedactions, and that the average labor rateis $60 per work hour. Required partswould be supplied by J.C. CarterCompany at no cost to operators. Basedon these figures, the cost impact of theproposed AD on U.S. operators isestimated to be $394,200, or $180 perairplane.

The cost impact figure discussedabove is based on assumptions that nooperator has yet accomplished any ofthe proposed requirements of this ADaction, and that no operator wouldaccomplish those actions in the future ifthis AD were not adopted.

The regulations proposed hereinwould not have substantial direct effectson the States, on the relationshipbetween the national government and

the States, or on the distribution ofpower and responsibilities among thevarious levels of government. Therefore,in accordance with Executive Order12612, it is determined that thisproposal would not have sufficientfederalism implications to warrant thepreparation of a Federalism Assessment.

For the reasons discussed above, Icertify that this proposed regulation (1)is not a ‘‘significant regulatory action’’under Executive Order 12866; (2) is nota ‘‘significant rule’’ under the DOTRegulatory Policies and Procedures (44FR 11034, February 26, 1979); and (3) ifpromulgated, will not have a significanteconomic impact, positive or negative,on a substantial number of small entitiesunder the criteria of the RegulatoryFlexibility Act. A copy of the draftregulatory evaluation prepared for thisaction is contained in the Rules Docket.A copy of it may be obtained bycontacting the Rules Docket at thelocation provided under the captionADDRESSES.


safety, Safety.

The Proposed AmendmentAccordingly, pursuant to the

authority delegated to me by theAdministrator, the Federal AviationAdministration proposes to amend part39 of the Federal Aviation Regulations(14 CFR part 39) as follows:



Authority: 49 U.S.C. 106(g), 40113, 44701.


adding the following new airworthinessdirective:Boeing: Docket 96–NM–31–AD.

Applicability: All Model 727 and Model737 series airplanes; equipped with J.C.Carter Company fuel valve actuator havingpart number (P/N) 40574–5; certificated inany category.

Note 1: This AD applies to each airplaneidentified in the preceding applicabilityprovision, regardless of whether it has beenmodified, altered, or repaired in the areasubject to the requirements of this AD. Forairplanes that have been modified, altered, orrepaired so that the performance of therequirements of this AD is affected, theowner/operator must request approval for analternative method of compliance inaccordance with paragraph (b) of this AD.The request should include an assessment ofthe effect of the modification, alteration, orrepair on the unsafe condition addressed bythis AD; and, if the unsafe condition has not

been eliminated, the request should includespecific proposed actions to address it.


To prevent improper functioning of acertain actuator, which could result in a fuelimbalance due to the inability of theflightcrew to crossfeed fuel, or which couldprevent the pilot from shutting off the fuel tothe engine following an engine failure and/or fire, accomplish the following:

(a) Within 36 months after the effectivedate of this AD, replace the actuator havingP/N 40574–5 (Kearfott Model 3715–9) on thefuel system crossfeed valve and the engineshutoff valves with either a new actuatorhaving P/N 40574–4, or an actuator having P/N 40574–2 with a nameplate identified inparagraph III, Material of J.C. Carter CompanyService Bulletin 61163–28–09, datedSeptember 28, 1995. The replacement shallbe done in accordance with J.C. CarterCompany Service Bulletin 61163–28–09,dated September 28, 1995.

(b) An alternative method of compliance oradjustment of the compliance time thatprovides an acceptable level of safety may beused if approved by the Manager, SeattleAircraft Certification Office (ACO), FAA,Transport Airplane Directorate. Operatorsshall submit their requests through anappropriate FAA Principal MaintenanceInspector, who may add comments and thensend it to the Manager, Seattle ACO.

Note 2: Information concerning theexistence of approved alternative methods ofcompliance with this AD, if any, may beobtained from the Seattle ACO.



DEPARTMENT OF LABOR

Employment StandardsAdministration; Wage and HourDivision

29 CFR Part 500

RIN 1215–AA93

Migrant and Seasonal AgriculturalWorker Protection Act

AGENCY: Wage and Hour Division,Employment Standards Administration,Labor.ACTION: Notice of proposed rulemaking,request for comments.

SUMMARY: This document proposesregulations to amend the definition of

14036 Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Proposed Rules

1 Compare: Hodgson v. Griffin & Brand ofMcAllen, Inc., 471 F.2d 235 (5th Cir.), cert. denied,414 U.S. 819 (1973), with Aimable v. Long and ScottFarms, 20 F.3d 434 (11th Cir.), cert. denied, 115S.Ct. 351 (1994).

2 See Rutherford Food Corp. v. McComb, 331 U.S.722, 729 (1947).

3 See Real v. Driscoll Strawberry Assoc., Inc., 603F.2d 748 (9th Cir. 1979); Griffin & Brand, supra.

4 Rutherford Food; Griffin & Brand, supra.

‘‘employ’’ under the Migrant andSeasonal Agricultural Worker ProtectionAct (MSPA). Consistent with ExecutiveOrder 12866, which concerns regulatoryplanning and review (see 58 Fed. Reg.51735 (Oct. 4, 1993)), this documentproposes to amend MSPA regulations toclarify and make easier to understandthe definition of ‘‘independentcontractor’’ and ‘‘joint employment’’under MSPA, with the goal ofminimizing the potential for uncertaintyand litigation arising from suchuncertainty and to better guide theDepartment’s enforcement activities.DATES: Comments on the proposed ruleare due on or before June 12, 1996.ADDRESSES: Submit written commentsto Maria Echaveste, Administrator,Wage and Hour Division, EmploymentStandards Administration, U.S.Department of Labor, Room S–3502, 200Constitution Avenue, NW., Washington,DC 20210. Commenters who wish toreceive notification of receipt ofcomments are requested to include aself-addressed, stamped post card or tosubmit them by certified mail, returnreceipt requested. As a convenience tocommenters, comments may betransmitted by facsimile (‘‘FAX’’)machine to (202) 219–5122. This is nota toll-free number. If transmitted byFAX and a hard copy is also submittedby mail, please indicate on the hardcopy that it is a duplicate copy of theFAX transmission.FOR FURTHER INFORMATION CONTACT:Michael Hancock, Office of EnforcementPolicy, Farm Labor Team, Wage andHour Division, Employment StandardsAdministration, U.S. Department ofLabor, Room S–3510, 200 ConstitutionAvenue, NW., Washington, DC 20210;telephone (202) 219–7605. This is not atoll-free number. Copies of this NPRMin alternative formats may be obtainedby calling (202) 219–7605, (202) 219–4634 (TDD). The alternative formatsavailable are large print, electronic fileon computer disk and audio-tape.


I. Paperwork Reduction Act of 1995This proposed rule contains no

reporting or recordkeeping requirementssubject to the Paperwork Reduction Actof 1995 (Pub. L. 104–13).

II. BackgroundThe MSPA definition of ‘‘joint

employment,’’ 29 CFR 500.20(h)(4), isproposed to be amended to clarify andprovide more accurate and completeinformation to the regulatedcommunity, thereby making the MSPAregulations more ‘‘user-friendly.’’ Theproposed regulation comports more

fully with (1) the Fair Labor StandardsAct (FLSA) regulations at 29 CFR 791;(2) seminal court decisions regardingthe employment relationship; and (3)the MSPA legislative history.

The MSPA statutory definition of‘‘employ’’, 29 U.S.C. 1803(3)(5), fromwhich the concept of ‘‘jointemployment’’ is drawn, is the FLSAstatutory definition of ‘‘employ’’, 29U.S.C. 203(g), incorporated by reference.In keeping with the President’sexecutive order directive to Federalagencies to identify rules that could beclarified to provide more complete andunderstandable guidance to theregulated community, the Departmentproposes to amend the MSPA ‘‘jointemployment’’ regulation. TheDepartment has notified the public andthe regulated community of itsintention, through the regulatory agendaand regulatory planning process, toamend this regulation. See 60 Fed. Reg.23546 (May 8, 1995) and 60 Fed. Reg.59614 (Nov. 28, 1995).

III. Summary and Discussion

Joint Employment Standard UnderMSPA

The Department proposes to amendthe MSPA regulation defining theemployment and joint-employmentrelationship in agriculture. Havingreviewed this regulation in the normalcourse of DOL operations, theDepartment recognizes the need for aclearer and more complete regulationsetting forth the applicable criteria,thereby making the regulation more‘‘user-friendly.’’ The purpose of theamendment is to clarify the regulationand, thus, to avoid confusion andmisapplication of the standards to beconsidered in determining the existenceof the employment and joint-employment relationship. A furtherpurpose is to update the regulation toreflect more completely theCongressional intent in the enactment ofMSPA, the state of the law, and theDepartment’s understanding of theemployment and joint employmentstandard.

The Department has intended forsome time to up-date and clarify thisMSPA regulation. The matter has beenincluded in the DOL regulatory agendaspublished in the Federal Register (60FR 23546 (May 8, 1995); 60 FR 59614(November 28, 1995)). The presentproposed rulemaking undertakes thepreviously announced revision of theemployment and joint employmentdefinition.

The current MSPA ‘‘jointemployment’’ regulation identifiesparticular factors which should be

considered in determining the existenceof such relationships in the agriculturalcontext. This Departmental guidanceappears to be subject to somemisunderstanding in the regulatedcommunity and the courts with regardto the applicability of the legalstandards under MSPA and the FairLabor Standards Act, which contain theidentical statutory standard.1 It is theDepartment’s view that the MSPA ‘‘jointemployment’’ regulation should bemodified to focus more closely on theultimate test for employment and jointemployment as established by thefederal courts, i.e., ‘‘economicdependence,’’ and to further clarify themulti-factor analysis to be used todetermine the existence of ‘‘economicdependence’’ in the agricultural context.Such a clarified regulation will ensuremore consistent application of the FLSAprinciples of employment and ‘‘jointemployment’’ under MSPA, and willalso ensure the full implementation ofthe Congressional intent in adoptingthose principles in MSPA.

Legislative and Judicial Basis for ‘‘JointEmployment’’

The FLSA defines the term employ asmeaning ‘‘to suffer or permit to work’’(29 U.S.C. 203(g)), and the courts havegiven an expansive interpretation to thestatutory definition of employ under theFLSA in order to accomplish theremedial purposes of the Act.2 Inaccordance with the FLSA’s broaddefinitions and remedial purposes, thetraditional common law ‘‘right tocontrol’’ test has been rejected ininterpreting the FLSA definition ofemploy. Instead, the test of anemployment relationship under theFLSA is ‘‘economic dependence,’’which requires an examination of therelationships among the employee andthe putative employer(s) to determineupon whom the employee iseconomically dependent.3 Thedetermination of economic dependenceis based upon the ‘‘economic reality’’ ofall the circumstances and not uponisolated factors or contractual labels.4Since the ‘‘economic reality’’ test firstdelineated by the Supreme Court inRutherford Food, the courts haveuniformly considered a number offactors, no one of which is


5 Griffin & Brand, supra.6 H. Rep. No. 97–885, 97th Cong. 2d sess. pp. 6–

7 [‘‘Rept.’’].7 128 Cong. Rec. H26008 (Sept. 1982).8 Rept. 7.

determinative. Instead, the multi-factoranalysis is a means of gauging whetherthe worker is economically dependenton the business(es) for which the workeris ‘‘suffered or permitted to work’’ andwhether the nature and degree of thatdependence constitutes an employmentrelationship within the intendedprotections of the FLSA.

The joint employment doctrine,which has long been recognized underthe FLSA case law,5 is defined by theFLSA regulation to mean a condition inwhich ‘‘[a] single individual stands inthe relation of an employee to two ormore persons at the same time’’ (29 CFR791.2(a)). A joint employment relation isfound when ‘‘employment by oneemployer is not completelydisassociated from employment by theother employer,’’ such a determinationdepending upon ‘‘all the facts in theparticular case.’’ Id.

Under MSPA, the term employ hasthe same meaning as that term under theFLSA. 29 U.S.C. 1802(5). Congressenacted this express incorporation ofthe FLSA definition of employ with thedeliberate intention of adopting theFLSA case law defining employmentand joint employment. Congressspecifically stated that the ‘‘jointemployer doctrine’’ articulated underthe FLSA was to serve as the ‘‘centralfoundation’’ of the MSPA and ‘‘the bestmeans by which to ensure that thepurposes of this Act would befulfilled.’’ 6 Congress intended the jointemployer doctrine to serve as a vehiclefor protecting agricultural employees‘‘by fixing the responsibility on thosewho ultimately benefit from theirlabors—the agricultural employer.’’ 7 Indeclaring this purpose, Congress citedwith approval the joint employmentanalysis utilized by the Court ofAppeals in Griffin & Brand; thus, thatdecision should be the benchmark forthe analysis in the agricultural setting.8The multi-factor test, as stated in Griffin& Brand, is largely the same as theSupreme Court’s seminal decision inRutherford Food, although the Court ofAppeals restated some factors tocomport more fully and realisticallywith the unique characteristics of anagricultural operation.

The current MSPA regulation,promulgated in 1983, sets out a non-exclusive list of factors which couldappropriately be considered in the jointemployment analysis. 29 CFR500.20(h)(4)(ii). The regulation states

that the ‘‘. . . determination of whetherthe employment is to be consideredjoint employment depends upon all thefacts in the particular case.’’ 29 CFR500.20(h)(4)(i). The factors identified inthe regulation were not intended by theDepartment to be a checklist fordetermining a joint employmentrelationship; nor were the factorsintended to be given greater weight thanother relevant factors presented in aparticular case or developed in the caselaw. To the extent that courts and theregulated community may have strayedfrom the ‘‘economic reality’’/‘‘economicdependence’’ analysis by applying theregulation as a rigid checklist, ortreating the regulation as an exclusivelist which precludes consideration ofadditional factors (e.g., whetherworkers’ activities are an integral part ofthe putative employer’s operation), ordistorting or placing undue emphasis onparticular factors (e.g., ‘‘control’’misconstrued as being directsupervision of workers’ activities), theregulation is not only misinterpreted butis also being applied so as to frustratethe express intention of Congress inenacting MSPA.

Proposed ‘‘Joint Employer’’ RuleIn order to resolve any confusion or

misunderstanding of the current MSPAregulation and to provide clearer andmore complete guidance to theregulated community, the regulation isproposed to be amended to betterdelineate the appropriate analysis of theemployment and joint employmentrelationships using ‘‘economicdependence’’ as the touchstone, ascontemplated by Congress when MSPAwas enacted. The proposed regulationalso addresses the crucial, initial issueof whether a farm labor contractor (FLC)is a bona fide independent contractor oran employee of the agriculturalassociation or agricultural employer;where an FLC is actually an employeeof the agricultural employer orassociation, any worker employed bythe FLC is necessarily also an employeeof the FLC’s employer. The proposedregulation more clearly enunciates theproper test for joint employment, asprescribed in the legislative history andset forth in the case law that hasproperly focused on economic realityand economic dependence. Further, theregulation will provide needed guidanceon ‘‘control,’’ clarifying that the inquiryis as to the putative employer’s poweror right to exercise authority in theworkplace, either directly or indirectly;the actual exercise of such power orauthority is not necessary. Theregulation would be further clarified, inthat the illustrative list of factors

eliminates redundancy (e.g., items inthe current regulation dealing withaspects of control are consolidated) andprovides more complete guidance as toappropriate consideration of factors.Comments are requested concerning thefactors listed, in particular whether ornot additional factors should beincluded in the illustrative list offactors.

Executive Order 12866/Section 202 ofthe Unfunded Mandates Reform Act of1995

This proposed rule is not‘‘economically significant’’ within themeaning of Executive Order 12866, nordoes it require a § 202 statement underthe Unfunded Mandates Reform Act of1995. However, because the rule mayraise novel legal or policy issues arisingout of legal mandates, it has beendetermined by OMB to be a ‘‘significantregulatory action’’ within the meaningof § 3(f)(4) of Executive Order 12866.The proposed rule proposes to amendthe MSPA regulations to clarify theconcepts of employ, employer,employee, and joint employment. Noeconomic analysis is required becausethe rule will not have a significanteconomic impact.

Regulatory Flexibility Analysis

This proposed rule will not have asignificant economic impact on asubstantial number of small entities.The Department has certified to thiseffect to the Chief Counsel for Advocacyof the Small Business Administration.The proposed rule contains languagewhich is intended to clarify what ismeant by the terms employ, employer,employment, and joint employmentunder MSPA.

Document Preparation

This document was prepared underthe direction and control of MariaEchaveste, Administrator, Wage andHour Division, Employment StandardsAdministration, U.S. Department ofLabor.


Agricultural employers, Agriculturalassociations, Agricultural worker,Employ, Employee, Employer, Farmlabor contractor, IndependentContractor, Joint Employment, Migrantagricultural workers, Migrant labor,Seasonal agricultural workers.


Signed at Washington, D.C., on this 26thday of March, 1996.John R. Fraser,Deputy Administrator, Wage and HourDivision.

For the reasons set forth above, 29CFR part 500 is proposed to be amendedas set forth below:

PART 500—MIGRANT AND SEASONALAGRICULTURAL WORKERPROTECTION

1. The authority citation for Part 500is revised to read as follows:

Authority: Pub. L. 97–470, 96 Stat. 2583(29 U.S.C. 1801–1872); Secretary’s Order No.6–84, 49 FR 32473.

2. In § 500.20, paragraph (h)(4) isrevised and paragraph (h)(5) is added toread as follows:

§ 500.20 Definitions.

* * * * *(h) * * *(4) The definition of the term employ

may include consideration of whetheror not an independent contractor oremployment relationship exists underthe Fair Labor Standards Act. UnderMSPA, questions will arise whether ornot the farm labor contractor engaged bythe agricultural employer/association isa bona fide independent contractor oran employee. Questions also arisewhether or not the worker is a bona fideindependent contractor or an employeeof the farm labor contractor and/or theagricultural employer/association.These questions should be resolved inaccordance with the factors set outbelow and the principles articulated bythe federal courts in Rutherford FoodCorp.v. McComb, 331 U.S. 722 (1947),Real v. Driscoll Strawberry Assoc., Inc.,603 F.2d 748 (9th Cir. 1979), and Sec’yof Labor, U.S. Dept. of Labor v.Lauritzen, 835 F.2d 1529 (7th Cir. 1987).If it is determined that the farm laborcontractor is an employee of theagricultural employer/association, theagricultural workers in the farm laborcontractor’s crew who perform work forthe agricultural employer/associationare deemed to be employees of theagricultural employer/association andan inquiry into joint employment is notnecessary or appropriate. In determiningif the worker or farm labor contractor isan employee or an independentcontractor, the ultimate question is theeconomic reality of the relationship—whether there is economic dependenceupon the farm labor contractor oragricultural employer/association, asappropriate. This determination is basedupon an evaluation of all of thecircumstances, including the following:

(i) The nature and degree of theputative employer’s control as to themanner in which the work is performed;

(ii) The putative employee’sopportunity for profit or loss dependingupon his managerial skill;

(iii) The putative employee’sinvestment in equipment or materialsrequired for the task, or the putativeemployee’s employment of otherworkers;

(iv) Whether the services rendered bythe putative employee requires specialskill;

(v) The degree of permanency andduration of the working relationship;

(vi) The extent to which the servicesrendered by the putative employee arean integral part of the putativeemployer’s business.

(5) The definition of the term employincludes the joint employmentprinciples applicable under the FairLabor Standards Act. The term jointemployment means a condition inwhich a single individual stands in therelation of an employee to two or morepersons at the same time. Adetermination of whether theemployment is to be considered jointemployment depends upon all the factsin the particular case. If the factsestablish that two or more persons arecompletely disassociated with respect tothe employment of a particularemployee, a joint employment situationdoes not exist.

(i) If it is determined that the farmlabor contractor is an independentcontractor, it still must be determinedwhether or not the employees of thefarm labor contractor are also jointlyemployed by the agricultural employer/association. Joint employment under theFair Labor Standards Act is jointemployment under the MSPA. Suchjoint employment relationships, whichare common in agriculture, have beenaddressed both in the legislative historyand by the courts.

(ii) The legislative history of the Act(H. Rep. No. 97–885, 97th Cong., 2dSess., 1982) states that the legislativepurpose in enacting MSPA was ‘‘toreverse the historical pattern of abuseand exploitation of migrant andseasonal farm workers . . .,’’ whichwould only be accomplished by‘‘advanc[ing] . . . a completely newapproach’’ (Rept. at 3). Congress’sincorporation of the FLSA term employwas undertaken with the deliberateintent of adopting the FLSA jointemployer doctrine as the ‘‘centralfoundation’’ of MSPA and ‘‘the bestmeans by which to insure that thepurposes of this MSPA would befulfilled’’ (Rept. at 6). Further, Congressintended that the joint employer test

under MSPA be the formulation as setforth in Hodgson v. Griffin & Brand ofMcAllen, Inc. 471 F.2d 235 (5th Cir.),cert. denied, 414 U.S. 819 (1973) (Rept.at 7). In endorsing Griffin & Brand,Congress stated that this formulationshould be controlling in situations‘‘where an agricultural employer . . .asserts that the agricultural workers inquestion are the sole employees of anindependent contractor/crewleader,’’and that the ‘‘decision makes clear thateven if a farm labor contractor is foundto be a bona fide independentcontractor, . . . this status does not asa matter of law negate the possibilitythat an agricultural employer may be ajoint employer . . . of the harvestworkers’’ together with the farm laborcontractor. Further, regarding the jointemployer doctrine and the Griffin &Brand formulation, Congress stated that‘‘the absence of evidence on any of thecriteria listed does not preclude afinding that an agricultural associationor agricultural employer was a jointemployer along with the crewleader’’,and that ‘‘it is expected that the specialaspects of agricultural employment bekept in mind’’ when applying the testsand criteria set forth in the case law andlegislative history (Rept. at 8).

(iii) In determining whether or not anemployment relationship exists betweenthe agricultural employer/associationand the agricultural worker, the ultimatequestion to be determined is theeconomic reality—whether the workeris so economically dependent upon theagricultural employer/association as tobe considered its employee, subject toMSPA protections.

(iv) The factors set forth below areanalytical tools to be used indetermining the ultimate question ofeconomic dependency. The factors arenot to be applied as a checklist. Theyare illustrative only and are notintended to be exhaustive; other factorsmay be considered, depending upon thespecific circumstances of therelationship among the parties. No onefactor is critical to the analysis; normust a majority of the factors be foundfor an employment relationship to exist.Rather, how the factors are weigheddepends upon all of the facts andcircumstances. Among the factors to beconsidered in determining whether ornot an employment relationship existsare:

(A) Whether the agriculturalemployer/association has the power,either alone or through control of thefarm labor contractor to direct, control,or supervise the worker(s) or the workperformed (such control may be eitherdirect or indirect, and may be eitherexercised or unexercised, taking into


account the nature of the workperformed);

(B) Whether the agriculturalemployer/association has the power,either alone or in addition to anotheremployer, directly or indirectly, to hireor fire, modify the employmentconditions, or determine the pay rates orthe methods of wage payment for theworker(s);

(C) Whether the agriculturalemployer/association supplies housing,transportation, tools and equipment ormaterials required for the job;

(D) The degree of permanency andduration of the relationship of theparties, in the context of the agriculturalactivity at issue;

(E) The extent to which the servicesrendered by the workers are repetitive,rote tasks requiring skills which areacquired with relatively little training;

(F) Whether the activities performedby the worker are an integral part of theoverall business operation of theagricultural employer/association;

(G) Whether the work is performed onthe agricultural employer/association’spremises or on the premises owned orcontrolled by another business entity;

(H) Whether the agriculturalemployer/association undertakesresponsibilities in relation to the workerwhich are normally performed byemployers, such as maintaining payrollrecords, preparing and/or issuing paychecks, paying FICA taxes, providingworkers’ compensation insurance, orproviding field sanitation facilities; and

(I) Other facts bearing on economicdependency.* * * * *[FR Doc. 96–7818 Filed 3–28–96; 8:45 am]BILLING CODE 4510–27–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamationand Enforcement

30 CFR Part 913

[SPATS No. IL–092–FOR]

Illinois Regulatory Program

AGENCY: Office of Surface MiningReclamation and Enforcement (OSM),Interior.ACTION: Proposed rule; public commentperiod and opportunity for publichearing.

SUMMARY: OSM is announcing receipt ofa proposed amendment to the Illinoisregulatory program (hereinafter the‘‘Illinois program’’) under the SurfaceMining Control and Reclamation Act of1977 (SMCRA). The proposed

amendment consists of the revision offour sections and the addition of onesection to Title 62 of the IllinoisAdministrative Code (IAC) regulationspertaining to self-bonding. Theamendment is intended to revise theIllinois program to be consistent withthe corresponding Federal regulations.

DATES: Written comments must bereceived by 4 p.m., e.s.t., April 29, 1996.If requested, a public hearing on theproposed amendment will be held onApril 25, 1996. Requests to speak at thehearing must be received by 4 p.m.,e.s.t. on April 15, 1995.

ADDRESSES: Written comments andrequests to speak at the hearing shouldbe mailed or hand delivered to Roger W.Calhoun, Director, Indianapolis FieldOffice, at the address listed below.

Copies of the Illinois program, theproposed amendment, a listing of anyscheduled public hearings, and allwritten comments received in responseto this document will be available forpublic review at the addresses listedbelow during normal business hours,Monday through Friday, excludingholidays. Each requester may receiveone free copy of the proposedamendment by contacting OSM’sIndianapolis Field Office.

Roger W. Calhoun, Director,Indianapolis Field Office, Office ofSurface Mining Reclamation andEnforcement, Minton-CapehartFederal Building, 575 NorthPennsylvania Street, Room 301,Indianapolis, IN 46204, Telephone:(317) 226–6700.

Illinois Department of NaturalResources, Office of Mines andMinerals, 524 South Second Street,Springfield, IL 62701–1787,Telephone (217) 782–4970.

FOR FURTHER INFORMATION CONTACT:Roger W. Calhoun, Director,Indianapolis Field Office, Telephone:(317) 226–6700.


I. Background on the Illinois Program

On June 1, 1982, the Secretary of theInterior conditionally approved theIllinois program. Backgroundinformation on the Illinois program,including the Secretary’s findings, thedisposition of comments, and theconditions of approval can be found inthe June 1, 1982, Federal Register (47FR 23883). Subsequent actionsconcerning the conditions of approvaland program amendments can be foundat 30 CFR 913.15, 913.16, and 913.17.

II. Description of the ProposedAmendment

By letter dated March 4, 1996(Administrative Record No. IL–1800),Illinois submitted a proposedamendment to its program pursuant toSMCRA. Illinois submitted the proposedamendment at its own initiative. Illinoisproposed to revise 62 IAC 1800.4,Department responsibilities; 62 IAC1800.5, Definitions; 62 IAC 1800.11,Requirement to file a bond; and 62 IAC1800.12, Form of the performance bond.Illinois also proposed to add 62 IAC1800.23, Self-bonding.

1. 62 IAC 1800.4 DepartmentResponsibilities

Illinois proposes to revise § 1800.4 byadding new subsection (c) thatauthorizes the acceptance of a self-bondif the permittee meets the requirementsof 62 IAC 1800.23. Existing subsections(c) through (e) are proposed to beredesignated (d) through (f).

2. 62 IAC 1800.5 DefinitionsIllinois proposes to revise § 1800.5 by

adding a definition for the term ‘‘self-bonding’’ at new subsection (c) thatreads as follows:

Self-bonding means an indemnityagreement in a sum certain executed bythe applicant or by the applicant andany corporate guarantor and madepayable to the Department, with orwithout separate surety.

3. 62 IAC 1800.11 Requirement to Filea Bond

Illinois proposes to revise § 1800.11by adding new subsection (e) thatrequires self-bonding for eligiblepermittees be administered consistentwith all applicable provisions of 62 IAC1800.1 through 1800.50.

4. 62 1800.12 Form of the PerformanceBond

Illinois proposes to revise § 1800.12by adding new subsection (c) thatidentifies a self-bond as form ofperformance bond allowed by theIllinois program. Existing subsection (c)is proposed to be redesignatedsubsection (d).

5. 62 IAC 1800.23 Self-BondingIllinois proposes to add new § 1800.23

concerning its conditions for acceptanceof a self-bond. At subsection (a), Illinoisdefines the terms to be used in thesection: ‘‘current assets’’; ‘‘currentliabilities’’; ‘‘fixed assets’’; ‘‘liabilities’’;‘‘net worth’’; ‘‘parent corporation’’; and‘‘tangible net worth.’’ At subsection (b),Illinois specifies the conditions thatmust be met before a self-bond would beaccepted from the applicant. At


subsection (c), Illinois specifies theconditions that must be met foracceptance of a written guarantee for anapplicant’s self-bond from a parentcorporation guarantor or non-parentcorporation guarantor. At subsection (d),Illinois specifies that the total amount ofthe outstanding and proposed self-bonds for either an applicant, parentcorporation guarantor, or nonparentcorporate guarantor shall not exceed 25percent of the their tangible net worthin the United States. At subsection (e),Illinois is requiring an indemnityagreement be submitted with specifiedrequirements. At subsection (f), Illinoisis requiring submittal of an update ofspecified information within 90 daysafter the close of each fiscal yearfollowing issuance of the self-bond orcorporate guarantee. At subsection (g),Illinois is requiring that if the financialconditions of the applicant, parent ornonparent corporate guarantor changeso that specified criteria are notsatisfied, the permittee shall notifyIllinois immediately and post analternate form of bond within 90 days.

III. Public Comment ProceduresIn accordance with the provisions of

30 CFR 732.17(h), OSM is seekingcomments on whether the proposedamendment satisfies the applicableprogram approval criteria of 30 CFR732.15. If the amendment is deemedadequate, it will become part of theIllinois program.

Written CommentsWritten comments should be specific,

pertain only to the issues proposed inthis rulemaking, and includeexplanations in support of thecommenter’s recommendations.Comments received after the timeindicated under DATES or at locationsother than the Indianapolis Field Officewill not necessarily be considered in thefinal rulemaking or included in theAdministrative Record.

Public HearingPersons wishing to speak at the public

hearing should contact the person listedunder FOR FURTHER INFORMATIONCONTACT by 4:00 p.m., e.s.t on April 15,1996. The location and time of thehearing will be arranged with thosepersons requesting the hearing. If no onerequests an opportunity to speak at thepublic hearing, the hearing will not beheld.

Filing of a written statement at thetime of the hearing is requested as itwill greatly assist the transcriber.Submission of written statements inadvance of the hearing will allow OSMofficials to prepare adequate responses

and appropriate questions. Any disabledindividual who has need for a specialaccommodation to attend a publichearing should contact the individuallisted under FOR FURTHER INFORMATIONCONTACT.

The public hearing will continue onthe specified date until all personsscheduled to speak have been heard.Persons in the audience who have notbeen scheduled to speak, and who wishto do so, will be heard following thosewho have been scheduled. The hearingwill end after all persons scheduled tospeak and persons present in theaudience who wish to speak have beenheard.

Public Meeting

If only one person requests anopportunity to speak at a hearing, apublic meeting, rather than a publichearing, may be held. Persons wishingto meet with OSM representatives todiscuss the proposed amendment mayrequest a meeting by contacting theperson listed under FOR FURTHERINFORMATION CONTACT. All such meetingswill be open to the public and, ifpossible, notices of meetings will beposted at the locations listed underADDRESSES. A written summary of eachmeeting will be made a part of theAdministrative Record.

IV. Procedural Determinations


This rule is exempted from review bythe Office of Management and Budget(OMB) under Executive Order 12866(Regulatory Planning and Review).


The Department of the Interior hasconducted the reviews required bysection 2 of Executive Order 12778(Civil Justice Reform) and hasdetermined that, to the extent allowedby law, this rule meets the applicablestandards of subsections (a) and (b) ofthat section. However, these standardsare not applicable to the actual languageof State regulatory programs andprogram amendments since each suchprogram is drafted and promulgated bya specific State, not by OSM. Undersections 503 and 505 of SMCRA (30U.S.C. 1253 and 1255) and 30 CFR730.11, 732.15, and 732.17(h)(10),decisions on proposed State regulatoryprograms and program amendmentssubmitted by the States must be basedsolely on a determination of whether thesubmittal is consistent with SMCRA andits implementing Federal regulationsand whether the other requirements of30 CFR Parts 730, 731, and 732 havebeen met.

National Environmental Policy Act

No environmental impact statement isrequired for this rule since section702(d) of SMCRA (30 U.S.C. 1292(d))provides that agency decisions onproposed State regulatory programprovisions do not constitute majorFederal actions within the meaning ofsection 102(2)(C) of the NationalEnvironmental Policy Act (42 U.S.C.4332(2)(C)).

Paperwork Reduction Act

This rule does not containinformation collection requirements thatrequire approval by OMB under thePaperwork Reduction Act (44 U.S.C.3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior hasdetermined that this rule will not havea significant economic impact on asubstantial number of small entitiesunder the Regulatory Flexibility Act (5U.S.C. 601 et seq.). The State submittalwhich is the subject of this rule is basedupon counterpart Federal regulations forwhich an economic analysis wasprepared and certification made thatsuch regulations would not have asignificant economic effect upon asubstantial number of small entities.Accordingly, this rule will ensure thatexisting requirements previouslypromulgated by OSM will beimplemented by the State. In making thedetermination as to whether this rulewould have a significant economicimpact, the Department relied upon thedata and assumptions for thecounterpart Federal regulations.


Intergovernmental relations, Surfacemining, Underground mining.

Dated: March 21, 1996.Deborah Watford,Acting Regional Director, Mid-ContinentRegional Coordinating Center.[FR Doc. 96–7691 Filed 3–28–96; 8:45 am]BILLING CODE 4310–05–M


40 CFR Part 170

[OPP–250115; FRL–5359–1]

Pesticide Worker Protection Standard,Decontamination Requirements;Notification to the Secretary ofAgriculture

AGENCY: Environmental ProtectionAgency (EPA).


ACTION: Notification to the Secretary ofAgriculture.

SUMMARY: Notice is given that theAdministrator of EPA has forwarded tothe Secretary of Agriculture a finalregulation under section 25(a) of theFederal Insecticide, Fungicide, andRodenticide Act (FIFRA). The rulereduces the duration thatdecontamination supplies must bemaintained for low toxicity pesticides.This action is required by FIFRA section25(a)(2).

FOR FURTHER INFORMATION CONTACT: Bymail: Linda H. Strauss, Field OperationsDivision (7506C), Office of PesticidePrograms, Environmental ProtectionAgency, 401 M St., SW., Washington,DC 20460. Office location, telephonenumber, and e-mail address: Rm. 1121F,CM #2, 1921 Jefferson Davis Highway,Arlington, VA, (703-308-3240), e-mail:[email protected].

SUPPLEMENTARY INFORMATION: Section25(a)(2) of FIFRA provides that theAdministrator shall provide theSecretary of Agriculture with a copy ofany final regulation at least 30 daysbefore signing it for publication in theFederal Register. If the Secretarycomments in writing regarding the finalregulation within 15 days after receivingit, the Administrator shall issue forpublication in the Federal Register,with the final regulation, the commentsof the Secretary, if requested by theSecretary, and the response of theAdministrator concerning theSecretary’s comments. If the Secretarydoes not comment in writing within 15days after receiving the final regulation,the Administrator may sign theregulation for publication in the FederalRegister anytime thereafter. As requiredby FIFRA section 25(a)(3), a copy of thefinal regulation has been forwarded tothe Committee on Agriculture of theHouse of Representatives and theCommittee on Agriculture, Nutrition,and Forestry of the Senate.


Environmental protection,Administrative practice and procedure,Labeling, Occupational safety andhealth, Pesticides and pests.

Authority: 7 U.S.C. 136 et seq.

Dated: March 21, 1996.Penelope A. Fenner-CrispActing Director, Office of Pesticide Programs.

[FR Doc. 96–7742 Filed 3–28–96; 8:45 am]BILLING CODE 6560–50–F

40 CFR Part 170

[OPP–250116; FRL–5358–9]

Pesticide Worker Protection, StandardLanguage and Size Requirement forWarning Sign; Notification to theSecretary of Agriculture

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Notification to the Secretary ofAgriculture.

SUMMARY: Notice is given that theAdministrator of EPA has forwarded tothe Secretary of Agriculture a finalregulation under section 25(a) of theFederal Insecticide, Fungicide, andRodenticide Act (FIFRA). The ruleamends the requirements in the workerprotection standards for the posting of awarning sign at pesticide use sites. Thisaction is required by FIFRA section25(a)(2).FOR FURTHER INFORMATION CONTACT: Bymail: John R. MacDonald, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. Office locationand telephone number: Rm. 1121F, CM#2, 1921 Jefferson Davis Highway,Arlington, VA, (703-305-7370).SUPPLEMENTARY INFORMATION: Section25(a)(2) of FIFRA provides that theAdministrator shall provide theSecretary of Agriculture with a copy ofany final regulation at least 30 daysbefore signing it for publication in theFederal Register. If the Secretarycomments in writing regarding the finalregulation within 15 days after receivingit, the Administrator shall issue forpublication in the Federal Register,with the final regulation, the commentsof the Secretary, if requested by theSecretary, and the response of theAdministrator concerning theSecretary’s comments. If the Secretarydoes not comment in writing within 15days after receiving the final regulation,the Administrator may sign theregulation for publication in the FederalRegister anytime thereafter. As requiredby FIFRA section 25(a)(3), a copy of thefinal regulation has been forwarded tothe Committee on Agriculture of theHouse of Representatives and theCommittee on Agriculture, Nutrition,and Forestry of the Senate.


Environmental protection,Administrative practice and procedure,Labeling, Occupational safety andhealth, Pesticides and pests.

Authority: 7 U.S.C. 136 et seq.

Dated: March 21, 1996.Penelope A. Fenner-Crisp,Acting Director, Office of Pesticide Programs.



47 CFR Parts 2, 15 and 97

[Docket No. 94–124; RM–8308; FCC 95–499]

Operation Above 40 GHz

AGENCY: Federal CommunicationsCommission.ACTION: Proposed rule.

SUMMARY: By this Second Notice ofProposed Rule Making, (‘‘2nd NPRM’’),the Commission addresses proposals: torestrict amateur usage of the 76–77 GHzband in order to protect vehicle radarsystems from interference while alsogiving amateur operators coprimarystatus in the 77.5–78 GHz band; todevelop a spectrum etiquette technicalstandard for the 59–64 GHz band tominimize interference within that band;and to further restrict emissions above200 GHz to protect radio astronomyoperations from interference.DATES: Comments must be submitted onor before May 28, 1996. Replycomments must be submitted on orbefore June 27, 1996.ADDRESSES: Comments and replycomments should be sent to the Officeof Secretary, Federal CommunicationsCommission, Washington, DC 20554.FOR FURTHER INFORMATION CONTACT:John Reed, Office of Engineering andTechnology, (202) 418–2455, RichardEngelman, Office of Engineering andTechnology, (202) 418–2445, or MichaelMarcus, Office of Engineering andTechnology, (202) 418–2470, or send anelectronic mail message via the Internetto [email protected] INFORMATION: This is asummary of the Commission’s 2ndNPRM, ET Docket 94–124, FCC 95–499,adopted December 15, 1995, andreleased December 15, 1995. The fulltext 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, 1919 M Street, NW., Room 246 or2100 M Street, NW., Suite 140,Washington, DC 20037.


Summary of 2nd NPRM1. 2nd NPRM addresses several issues

relating to use of the 46.7–46.9 GHz, 59–64 GHz, and 76–77 GHz bands. First, weare proposing to amend Part 97 of ourrules to restrict temporarily amateur useof the 76–77 GHz band in order toensure that vehicle radar systems willnot receive interference from amateuroperations. To balance any perceivedharm by amateur operators, we areproposing to upgrade the status ofamateur operators in the 77.5–78 GHzband to co-primary with theradiolocation service. We are alsoproposing limits for emissions in the200–231 GHz band to protect radioastronomy operations from potentialinterference. In addition, we areproposing to initiate the development ofa spectrum etiquette standard to preventinterference among unlicensed 59–64GHz devices, analogous to the standardsused for unlicensed PCS under Part 15of our rules, and request specificproposals for such standards. See 47CFR 15.321 and 15.323.

2. The Initial Regulatory FlexibilityAnalysis (‘‘IRFA’’) is contained in thetext of the 2nd NPRM. The Commissionrequests written public comment on theforegoing IRFA. Comments must have aseparate and distinct headingdesignating them as responses to theIRFA and must be filed by the deadlinesspecified in the summary above.

List of Subjects

47 CFR Part 2Communications equipment, Radio.

47 CFR Part 15Communications equipment,

Highway safety, Radio.

47 CFR Part 97Communications equipment, Radio.

Federal Communications Commission.William F. Caton,Acting Secretary.[FR Doc. 96–7688 Filed 3–28–96; 8:45 am]BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 96–54; RM–8769]

Radio Broadcasting Services;Ruidoso, NM


SUMMARY: The Commission requestscomments on a petition filed by KellieK. Brown seeking the allotment ofChannel 268A to Ruidoso, NM, as the

community’s third aural and secondlocal FM service. Channel 268A can beallotted to Ruidoso in compliance withthe Commission’s minimum distanceseparation requirements without theimposition of a site restriction, atcoordinates 33–20–00 NL; 105–40–54WL. Mexican concurrence is requiredsince Ruidoso is located within 320kilometers (199 miles) of the U.S.-Mexican border.

DATES: Comments must be filed on orbefore May 13, 1996, and replycomments on or before May 28, 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: Kellie K. Brown, P.O. Box4396, Ruidoso, NM 88345 (Petitioner).

FOR FURTHER INFORMATION CONTACT:Leslie K. Shapiro, Mass Media Bureau,(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is asynopsis of the Commission’s Notice ofProposed Rule Making, MM Docket No.96–54, adopted March 1, 1996, andreleased March 21, 1996. The full textof this Commission decision is availablefor inspection and copying duringnormal business hours in the FCCReference Center (Room 239), 1919 MStreet, NW., Washington, DC. Thecomplete text of this decision may alsobe purchased from the Commission’scopy contractor, InternationalTranscription Services, 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 inCommission 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. 96–7622 Filed 3–28–96; 8:45 am]BILLING CODE 6712–01–F

47 CFR Part 73


Radio Broadcasting Services; Nikiski,AK


SUMMARY: This document requestscomments on a petition for rule makingfiled by William J. Glynn, Jr., requestingthe allotment of FM Channel 227C2 toNikiski, Alaska, as that community’sfirst local aural transmission service.Coordinates used for this proposal are60–35–40 and 151–20–00.DATES: Comments must be filed on orbefore May 13, 1996, and replycomments on or before May 28, 1996.ADDRESSES: Secretary, FederalCommunications Commission,Washington, DC 20554. In addition tofiling comments with the FCC,interested parties should serve thepetitioner, as follows: William J. Glynn,Jr., P.O. Box 79, Kasilof, AK 99610.FOR FURTHER INFORMATION CONTACT:Nancy Joyner, Mass Media Bureau, (202)418–2180.SUPPLEMENTARY INFORMATION: This is asynopsis of the Commission’s Notice ofProposed Rule Making, MM Docket No.96–50, adopted March 5, 1996, andreleased March 21, 1996. The full textof this 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 contractors, InternationalTranscription Service, Inc., (202) 857–3800, 2100 M Street, NW., Suite 140,Washington, DC 20037.

Provisions of the RegulatoryFlexibility Act of l980 do not apply tothis proceeding.


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. 96–7621 Filed 3–28–96; 8:45 am]BILLING CODE 6712–01–F

47 CFR Part 73


Radio Broadcasting Services;Princeville, HI


SUMMARY: This document requestscomments on a petition for rule makingfiled on behalf of John Moore dba MooreBroadcasting Company, one of twomutually-exclusive applicants forChannel 255C1 at Princeville, Hawaii,proposing the allotment of Channel260C1 to Princeville, to resolve themutual exclusivity while providing asecond local FM service to thatcommunity. If the channel is allottedwith cut-off protection, petitioner alsoseeks to amend its pending applicationfor Channel 255C1 at Princeville toreflect operation on Channel 260C1.Coordinates used for Channel 260C1 atPrinceville are 22–00–00 and 159–22–50.DATES: Comments must be filed on orbefore May 13, 1996, and replycomments on or before May 28, 1996.ADDRESSES: Secretary, FederalCommunications Commission,Washington, DC 20554. In addition tofiling comments with the FCC,interested parties should serve thepetitioner’s counsel, as follows: Cary S.Tepper, Esq., Booth, Freret & Imlay,P.C., 1233 - 20th Street, NW., Suite 204,Washington, DC 20554.FOR FURTHER INFORMATION CONTACT:Nancy Joyner, Mass Media Bureau, (202)418–2180.SUPPLEMENTARY INFORMATION: This is asynopsis of the Commission’s Notice ofProposed Rule Making, MM Docket No.96–52, adopted March 6, 1996, andreleased March 21, 1996. The full textof this 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 contractors, InternationalTranscription Service, Inc., (202) 857–3800, 2100 M Street, NW., Suite 140,Washington, DC 20037.




List of Subjects in 47 CFR Part 73Radio broadcasting.


47 CFR Part 73


Radio Broadcasting Services;Wellington, CO


SUMMARY: This document requestscomments on a petition for rule makingfiled by Victor A. Michael, Jr.,requesting the allotment of FM Channel232C3 to the incorporated community ofWellington, Colorado, as its first localaural tramsission service. Coordinatesused for this proposal are 40–53–57 and105–01–53.DATES: Comments must be filed on orbefore May 13, 1996, and replycomments on or before May 28, 1996.ADDRESSES: Secretary, FederalCommunications Commission,Washington, DC 20554. In addition tofiling comments with the FCC,interested parties should serve thepetitioner, as follows: Victor A. Michael,Jr., 7901 Stoneridge Drive, Cheyenne,WY 82001.FOR FURTHER INFORMATION CONTACT:Nancy Joyner, Mass Media Bureau, (202)418–2180.SUPPLEMENTARY INFORMATION: This is asynopsis of the Commission’s Notice ofProposed Rule Making, MM Docket No.96–51, adopted March 6, 1996, andreleased March 21, 1996. The full textof this Commission decision is availablefor inspection and copying duringnormal business hours in the FCC’s

Reference Center (Room 239), 1919 MStreet, NW., Washington, DC. Thecomplete text of this decision may alsobe purchased from the Commission’scopy contractors, InternationalTranscription Service, Inc., (202) 857–3800, 2100 M Street, NW., Suite 140,Washington, DC 20037.




List of Subjects in 47 CFR Part 73Radio broadcasting.


47 CFR Part 73


Television Broadcasting Services;Marinette, WI


SUMMARY: This document requestscomments on a petition filed by DouglasA. Maszka d/b/a Tri-City TelevisionCompany proposing the allotment ofUHF Television Channel 25+ toMarinette, Wisconsin. There is a siterestriction 18.6 kilometers (11.6 miles)north of the community at coordinates45–15–54 and 87–36–51. The proposedallotment of Channel 25+ will require aplus offset. Canadian concurrence willbe requested for this allotment.DATES: Comments must be filed on orbefore May 13, 1996, and replycomments on or before May 28, 1996.ADDRESSES: Federal CommunicationsCommission, Washington, DC 20554. Inaddition to filing comments with theFCC, interested parties should serve thepetitioner, as follows: Douglsa A.Maszka, d/b/a Tri-City TelevisionCompany, 600 Vroman Street, GreenBay, Wisconsin 54303.


FOR FURTHER INFORMATION CONTACT:Kathleen Scheuerle, Mass MediaBureau, (202) 418–2180.SUPPLEMENTARY INFORMATION: This is asummary of the Commission’s Notice ofProposed Rule Making, MM Docket No.96–53, adopted March 6, 1996, andreleased March 21, 1996. The full textof this Commission decision is availablefor inspection and copying duringnormal business hours in theCommission’s Reference Center (Room239), 1919 M Street, NW., Washington,DC. The complete text of this decisionmay also be purchased from theCommission’s copy contractors,International Transcription Services,Inc., 2100 M Street, NW., Suite 140,Washington, DC 20037, (202) 857–3800.


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 inCommission proceedings, such as thisone, which involve channel allotments.See 47 CFR 1.1204(b) for rulesgoverning permissible ex parte contact.

For information regarding properfiling procedures for comments, see 47CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73Television broadcasting.



National Highway Traffic SafetyAdministration

49 CFR Part 571

Denial of Petition for Rulemaking;Federal Motor Vehicle SafetyStandards

AGENCY: National Highway TrafficSafety Administration (NHTSA),Department of Transportation.ACTION: Denial of petition forrulemaking.

SUMMARY: This document denies Mr.John Chevedden’s petition forrulemaking to require only amber bulbsbe sold in the aftermarket forreplacement of the front amber turnsignal bulbs. NHTSA’s analysis of the

petition concludes that this actionwould have a negligible effect onreducing crashes or fatalities, and wouldhave significant cost effects for theredesign of turn signal and stop lamps.FOR FURTHER INFORMATION CONTACT: Mr.Richard Van Iderstine, Office of SafetyPerformance Standards, NHTSA, 400Seventh Street, SW., Washington, DC20590. Mr. Van Iderstine’s telephonenumber is: (202) 366–5275. Hisfacsimile number is (202) 366–4329.SUPPLEMENTARY INFORMATION: By letterdated November 14, 1995, Mr. JohnChevedden of Redondo Beach,California, petitioned the agency toissue a rule that would ‘‘require onlyamber light bulbs to be sold in theaftermarket for replacement of factoryamber front turn signal bulbs.’’ Mr.Chevedden stated that this is necessary‘‘to prevent the aftermarket fromnullifying the requirement (since 1963)that front turn signal lamps be amber.’’He states that the use of clear bulbs onvehicles with clear lenses on front turnsignal lamps nullifies the amberrequirement.

While it is true that front turn signallamps are required to be amber on newmotor vehicles at the time of theirdelivery to the first user, therequirement may be met by either anamber bulb behind a clear lens, or aclear bulb behind an amber lens. Inservice, the correct maintenance of thatsafety equipment is the responsibility ofvehicle owners. The installation ofincorrect bulbs or replacement lensesrepresents the failure of the owner tofulfill that responsibility. Theresponsibility for inspection of andenforcement for properly operatingsafety equipment belongs to the states,and in the petitioner’s case, existinglaws in most states require that frontturn signal lamps emit amber light.

The clear bulbs, about which thepetitioner is concerned, that may beused to replace burned-out amber bulbsin front turn signal lamps with clearlenses, are also used for all existingbackup, stop, and rear red turn signallamps, as well as for other purposes.These bulbs would be banned under theMr. Chevedden’s petition. Ultimately,this would necessitate that new bulbs bedesigned and marketed that are notinterchangeable between lampfunctions. This would have cost impactson new and replacement bulbs as wellas on the design of new signal lamps.This also could have significant adverseconsequences to safety, because of theinability of vehicle owners to obtainclear replacement bulbs for the ones thatwill burn out on the 150 millionvehicles already in the fleet. Thus, the

fleet could have fewer and fewerfunctional lamps over time, leading toincreases in accidents.

Mr. Chevedden did not provide anysupport for his petition, such as theargument that accidents are occurring asa result of the use of clear turn signalbulbs in lamps with clear lenses. In theabsence such support and in light of theadverse consequences that the agencyforesees for his solution, the agency seesno basis for rulemaking.

In accordance with 49 CFR part 552,this completes the agency’s technicalreview of the petition. The agency hasconcluded that there is no reasonablepossibility that the amendmentrequested by the petitioner would beissued at the conclusion of a rulemakingproceeding. After considering allrelevant factors, including the need toallocate and prioritize limited agencyresources to best accomplish theagency’s safety mission, the agency hasdecided to deny the petition.

Authority: 49 U.S.C. 30103, 30162;delegation of authority at 49 CFR 1.50 and501.8.

Issued on: March 25, 1996.Barry Felrice,Associate Administrator for SafetyPerformance Standards.[FR Doc. 96–7706 Filed 3–28–96; 8:45 am]BILLING CODE 4910–59–P

49 CFR Part 571

Denial of Petition for Rulemaking;Federal Motor Vehicle SafetyStandards

AGENCY: National Highway TrafficSafety Administration (NHTSA),Department of Transportation.ACTION: Denial of petition forrulemaking.

SUMMARY: This document denies apetition from the Society of AutomotiveEngineers (SAE) for rulemaking toincorporate the latest version of SAEStandard J594—Reflex Reflectors, intoFederal Motor Vehicle Safety Standard(FMVSS) No. 108. NHTSA’s analysis ofthe petition concludes that there isminimal benefit to the public inupdating the reference to this SAEstandard. While incorporation wouldmake reflex reflector requirements morereadily available to lighting and vehicledesign engineers as a current reference,it would require considerableexpenditures of agency resources toimplement it and all the other SAEstandards whose references in FMVSSNo. 108 are not the most recent. Theagency’s commitment of its resources toidentify its safety priorities precludes


granting this petition. However, theagency will compile a referencedocument of materials incorporated intoStandard No. 108 to improveavailability of these materials.FOR FURTHER INFORMATION CONTACT: Mr.Jere Medlin, Office of Crash AvoidanceStandards, NHTSA, 400 Seventh Street,SW., Washington, DC 20590. Mr.Medlin’s telephone number is: (202)366–5276. His facsimile number is (202)366–4329.SUPPLEMENTARY INFORMATION: By letterdated October 4, 1995, William A.McKinney, Chairman of the LightingCoordinating Committee of the Societyof Automotive Engineers, Inc.(Petitioner) petitioned the agency toincorporate the latest version of SAEJ594—Reflex Reflectors, into 49 CFR571.108 (Federal Motor Vehicle SafetyStandard No. 108, Lamps, reflectivedevices and associated equipment). Thepetitioner claimed the changes in thelatest version (J594 JUL95) providesignificant improvements in formatconsistent with the current SAEpractice, incorporate information onother SAE publications referenced inthe document, include definitions ofphotometry observation and entranceangles, and provide additionalexplanations and guidelines forphotometry and installationrequirements. Petitioner further claimedthat these revisions make this newversion easier to apply, as well as easierto find because it is located in currentSAE Handbooks. Petitioner also claimedthat the changes would not adverselyaffect the costs of any lighting or vehiclemanufacturer. No claims about safety orperformance were made.

The agency has reviewed what wouldbe required to implement thePetitioner’s desired solution. It hasfound that the tests and manyrequirements of the new J594 are fromor referenced to SAE RecommendedPractice J575 JUN92—Test Methods andEquipment for Lighting Devices andComponents for Use on Vehicles Lessthan 2032 mm in Overall Width.However, the version of J575 to whichFMVSS No. 108 refers is J575e August1970. It is not found in the current SAEHandbook. The same issue occurs for

SAE J578, Color Specification. The newSAE J594 refers to the ‘‘currentversion(s)’’, rather than the versionrequired by FMVSS No. 108, which isSAE J578a October 1966.

Therefore, the advantage claimed byPetitioner by referencing to a standardin current SAE handbooks appears to bevery small because this action wouldupdate only J594, and none of thesubreferenced documents. Additionally,because NHTSA reference to SAEstandards is not always absolute, in thatparts of standards are referenced orexceptions are made to specificrequirements in SAE standards wheredifferent or more stringent performanceis necessary for safety purposes, thevalue of having the latest version of anSAE document is lessened. Thus,without a careful reading of FMVSS No.108, a reader of the newest J594 couldcontinue to be misled as to the pertinentrequirements, just as with the currentlyreferenced version.

An example of this issue is seen in theInstallation Requirements paragraph ofJ594 JUL95. NHTSA is currentlyproposing in another rulemaking (60 FR54833) to amend geometric visibilityrequirements of signal lamps (installedvisibility requirements) that aresubstantially different from those inJ594 JUL95. Should this geometricvisibility proposal be adopted, the textof any referenced version of J594 will besuperseded. It is unlikely that J594JUL95, or any version of a referencedindustry standard would be whollyusable for more than just a short periodof time and probably would be out ofprint after just five years because ofSAE’s schedule of periodic updating ofits standards. At that time, the value ofthe rulemaking efforts requested by thispetition would be negated by anotherSAE update.

Allocation of agency resources andagency priorities must be considered inprocessing what may be the first ofmany petitions from the SAE to updateeach of the SAE standards directlyreferenced in FMVSS No. 108, andpotentially more petitions to update theadditional SAE standards that are sub-referenced in those SAE standards. Allof these mentioned standards havespecific dated versions referenced in

FMVSS No. 108. Because the SAEendeavors to update its standards on aregular five year schedule, the federalregulatory workload from such a courseof updating would be continuous anddrain resources from other activities.This is not a desirable course given theagency’s shrinking resources.Nonetheless, NHTSA recognizes that thetechnical expertise found on SAECommittees is invaluable to NHTSA’smission, particularly when performancerequirements must be developed toaccommodate new technologies.Consequently, NHTSA plans to considerhow best to cooperate with the SAE.NHTSA will still be favorably inclinedto consider any future SAE request thathas significant safety benefits or whensuch action would remove impedimentsto the use of new technologies.

To respond to the need expressed bySAE, the agency will compile andprovide on request to interestedpersons, a document containing thedesired SAE and other organizations’standards which are referenced andsubreferenced in FMVSS No. 108. Theimmediate effect is to make it easier forall interested persons, especiallylighting and vehicle personnel, to haveavailable in one document all therequirements in the Federal lightingstandard. The agency recognizes theproblem of finding older SAEStandards, and takes this action to solvethat problem. It will be updated asrequired.

In accordance with 49 CFR part 552,this completes the agency’s review ofthe petition. The agency has concludedthat there is no reasonable possibilitythat the specific action requested by thepetitioner would be issued at theconclusion of a rulemaking proceeding.Accordingly, it denies the SAE’spetition.

Authority: 49 U.S.C. 30103, 30162;delegation of authority at 49 CFR 1.50 and501.8.

Issued on March 25, 1996.Barry Felrice,Associate Administrator for SafetyPerformance Standards.[FR Doc. 96–7707 Filed 3–28–96; 8:45 am]BILLING CODE 4910–59–P

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

14046

Vol. 61, No. 62


DEPARTMENT OF AGRICULTURE

Office of the Secretary

[Docket No. 96–016–2]

Declaration of Emergency Because ofKarnal Bunt

An exotic fungal disease, Karnal bunt,has been detected in the United States.The disease was detected in Arizona,and potentially contaminated seed wassent to New Mexico and Texas. Thedisease had not previously beendetected in the United States.

Karnal bunt (Tilletia indica) is aserious disease of wheat, durum wheat,and triticale, a hybrid of wheat and rye.The disease affects both yield and grainquality. It adversely affects the color,odor, and palatability of flour and otherfoodstuffs made from wheat. It does notpresent a risk to human health.

If Karnal bunt is allowed to spread,the overall crop loss and impact onquality may be significant. The diseasecould affect United States grain exports.The United States is the world’s leadingwheat exporter, accounting for one-thirdof the world wheat exports. Wheatexports from the United States werevalued at $4.9 billion in Fiscal Year1995. At least 21 countries are known toregulate or prohibit grain movement onthe basis of Karnal bunt.

Control and eradication of Karnalbunt is difficult. Management of thedisease is through quarantine andcontainment of regulated articles. Initialemergency action was taken by theArizona Department of Agriculture(ADA) and the Animal and Plant HealthInspection Service (APHIS). APHIS andADA have instituted emergencyquarantines on the infected premisesand are regulating the movement ofseed, farm equipment, and soilassociated with the infected wheat.

To conduct a management anderadication program, funds are neededto conduct surveys, and establishregulatory controls and other activities

deemed necessary to protect wheatproduction areas and export markets.APHIS has insufficient funds to meetthe needs of the proposed program.Once funded, APHIS can continuemanagement programs in Arizona, NewMexico, and Texas, and regulate areasthat have received infected seed, soil,and equipment to prevent furtherspread. Delimiting surveys are plannedto determine the extent of the infection.A national survey of grain elevators anda survey of grain export elevators isplanned to verify Karnal bunt-free areasand to ensure continuation of exports.

Therefore, in accordance with theprovisions of the Act of September 25,1981, 95 Stat. 953 (7 U.S.C. 147b), Ideclare that there is an emergencywhich threatens the wheat, durumwheat, and triticale crops of thiscountry, and I authorize the transfer anduse of such sums as may be necessaryfrom appropriations or other fundsavailable to agencies or corporations ofthe Department of Agriculture for theconduct of a program to detect andidentify Karnal bunt infested areas, andto control and prevent the spread ofKarnal bunt to noninfested areas in theUnited States, and to eradicate Karnalbunt wherever it may be found in theUnited States.

Effective Date: This declaration ofemergency shall become effective March26, 1996.Dan Glickman,Secretary of Agriculture.[FR Doc. 96–7737 Filed 3–28–96; 8:45 am]BILLING CODE 3410–34–P

Agricultural Research Service

Notice of Intent To Grant ExclusiveLicense

AGENCY: Agricultural Research Service,USDA.ACTION: Notice of intent.

SUMMARY: Notice is hereby given thatthe United States Department ofAgriculture, Agricultural ResearchService, intends to grant to PetersonSeed Company, Inc., of Savage,Minnesota, an exclusive license forARS–2620, a new plant variety entitled‘‘Rhizomatous Birdsfoot Trefoil.’’ Noticeof Availability for this new plantvariety, for which Plant VarietyProtection is pending, was published in

the Federal Register on October 17,1995.DATES: Comments must be received onor before May 28, 1996.ADDRESSES: Send comments to: USDA–ARS–Office of Technology Transfer,Beltsville Agricultural Research Center,Baltimore Boulevard, Building 005,Room 416, BARC–W, Beltsville,Maryland 20705–2350.FOR FURTHER INFORMATION CONTACT:Andrew Watkins of the Office ofTechnology Transfer at the Beltsvilleaddress given above; telephone: 301/504–6786.SUPPLEMENTARY INFORMATION: TheFederal Government’s plant varietyprotection rights to this variety areassigned to the United States ofAmerica, as represented by theSecretary of Agriculture. It is in thepublic interest to so license thisinvention, for the Peterson SeedCompany, Inc., has submitted acomplete and sufficient application fora license. The prospective exclusivelicense will be royalty-bearing and willcomply with the terms and conditionsof 35 USC 209 and 37 CFR 404.7. Theprospective exclusive license may begranted unless, within sixty days fromthe date of this published Notice, ARSreceives written evidence and argumentwhich establishes that the grant of thelicense would not be consistent with therequirements of 35 U.S.C. 209 and 37CFR 404.7.R.M. Parry, Jr.,Assistant Administrator.[FR Doc. 96–7651 Filed 3–28–96; 8:45 am]BILLING CODE 3410–03–M

Animal and Plant Health InspectionService

[Docket No. 92–110–4]

Veterinary Services DraftProgrammatic Environmental ImpactStatement

AGENCY: Animal and Plant HealthInspection Service, USDA.ACTION: Notice.

SUMMARY: We are advising the publicthat the Animal and Plant HealthInspection Service has prepared a draftprogrammatic environmental impactstatement for the Veterinary ServicesProgram, which is responsible for theprotection of the Nation’s livestock and

14047Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Notices

poultry. As part of this mission,Veterinary Services conducts ongoingprograms designed to detect, prevent,control, and eradicate endemic andforeign animal diseases and pests thatthreaten these resources. The draftprogrammatic environmental impactstatement addresses environmentalimpacts associated with these ongoingprograms. We are requesting publiccomments on the draft programmaticenvironmental impact statement.DATES: Consideration will be given onlyto comments received on or before May28, 1996.ADDRESSES: Please send an original andthree copies of your comments toDocket No. 92–110–4, RegulatoryAnalysis and Development, PPD,APHIS, Suite 3C03, 4700 River RoadUnit 118, Riverdale, MD 20737–1238.Please state that your comments refer toDocket No. 92–110–4. Commentsreceived may be inspected at USDA,room 1141, South Building, 14th Streetand Independence Avenue, SW.,Washington, DC, Between 8 a.m. and4:30 p.m., Monday through Friday,except holidays. Persons wishing toinspect comments are requested to callahead on (202) 690–2817 to facilitateentry into the comment reading room.

Interested persons may obtain a copyof the draft environmental impactstatement by writing to the addresseslisted below under FOR FURTHERINFORMATION CONTACT.FOR FURTHER INFORMATION CONTACT: Ms.Nancy Sweeney, Project Leader,Environmental Analysis andDocumentation, BBEP, APHIS, Suite5B05, 4700 River Road Unit 149,Riverdale, MD 20737–1237, (301) 734–8565; or Dr. William E. Ketter, Assistantto Director, Operational Support, VS,APHIS, Suite 3B08, 4700 River RoadUnit 33, Riverdale, MD 20737–1231,(301) 734–4357.


BackgroundThe Animal and Plant Health

Inspection Service (APHIS) hasprepared a draft programmaticenvironmental impact statement (EIS)for our Veterinary Services Program,which is responsible for the protectionof the Nation’s livestock and poultry. Aspart of this mission, (VS) conductsongoing programs designed to detect,prevent, control, and eradicate endemicand foreign animal diseases and peststhat threaten these resources. The draftprogrammatic EIS addressesenvironmental impacts associated withthese ongoing programs.

We published a notice of intent toprepare a programmatic EIS in the

Federal Register on July 23, 1992 (57 FR32771–32772, Docket No. 92–110–1).This notice advised the public that weintended to use in-house resources tostudy the disease prevention,surveillance, control, and eradicationactivities of the VS Program to identifyany potential environmental effects. Wepublished a notice of the proposedscope of study for the programmatic EISin the Federal Register on October 9,1992 (57 FR 46532–46534, Docket No.92–110–2). This notice identifiedpotential issues to be analyzed in theprogrammatic EIS, and requested publiccomment on these and other issues.Comments were to be received on orbefore November 23, 1992. Wepublished a notice of the final scope ofstudy for the programmatic EIS in theFederal Register on March 29, 1993 (58FR 16520–16521, Docket No. 92–110–3).

Major IssuesThe comments received from the

public helped us to determine theprincipal focus of the draftprogrammatic EIS. The draftprogrammatic EIS identifies thefollowing VS programs and activities ashaving the potential to affect the qualityof the human environment: (1) Methodsof animal carcass disposal; (2) diseaseeradication efforts of an emergencynature; (3) the use of disinfectants andpesticides; (4) the import-exportprogram; (5) the vaccination program;(6) the construction, use, and expansionof facilities; and (7) methods of animalidentification. The document analyzesthese VS programs and activities andexamines the potential impacts of theprograms as currently implementedalong with the alternative of taking noFederal action.

The draft programmatic EIS is nowavailable for review and comment. Weare seeking comments from the public;industry; environmental groups; andFederal, State, and local agencies,including Federal and State agenciesthat have either jurisdiction by law orspecial expertise regarding any programissue or environmental impact that isdiscussed in the draft programmatic EIS.

We will consider all commentsreceived by the close of the commentperiod in the development of the finalprogrammatic EIS. The availability ofthe final programmatic EIS will beannounced in a subsequent FederalRegister notice.

This notice is issued in accordancewith: (1) The National EnvironmentalPolicy Act (NEPA) (42 U.S.C. 4231 etseq.), (2) Regulations of the Council onEnvironmental Quality forImplementing the Procedural Provisionsof NEPA (40 CFR parts 1500–1508), (3)

USDA Regulations Implementing NEPA(7 CFR part 1b), and (4) APHIS’ NEPAImplementing Procedures (7 CFR part372).

Done in Washington, DC, this 22nd day ofMarch 1996.Terry L. Medley,Acting Administrator, Animal and PlantHealth Inspection Service.[FR Doc. 96–7652 Filed 3–28–96; 8:45 am]BILLING CODE 3410–34–P

Forest Service

Intergovernmental AdvisoryCommittee Meeting: Change ofMeeting Location

AGENCY: Forest Service, USDA.ACTION: Notice of Meeting: Change ofMeeting Location.

SUMMARY: Notice of the April 4, 1996,Intergovernmental Advisory Committee(IAC) was published in the FederalRegister on March 21, 1996, 61 FR11605. The purpose of this notice isannounce a change in the location of themeeting to 350 of the State CapitolBuilding in Salem, Oregon. The meetingwill begin at 9:30 a.m. on April 4 andcontinue until 4:00 p.m.FOR FURTHER INFORMATION CONTACT:Questions regarding this meeting maybe directed to Don Knowles, ExecutiveDirector, Regional Ecosystem Office, 333SW 1st Avenue, P.O. Box 3623,Portland, OR 97208 (Phone: 503–326–6265).

Dated: March 22, 1996.Donald R. Knowles,Designated Federal Official.[FR Doc. 96–7627 Filed 3–28–96; 8:45 am]BILLING CODE 3410–11–M

Oregon Coast Provincial AdvisoryCommittee Meeting

AGENCY: Forest Service, USDA.ACTION: Notice of meeting.

SUMMARY: The Oregon Coast ProvincialAdvisory Committee (PAC) will meet onApril 19, 1996, in Newport, Oregon, atthe Hotel Newport, 3019 N. CoastHighway. The meeting will begin at 9:00a.m. and continue until 3:30 p.m.Agenda items to be covered include: (1)Current events, (2) Flood update, (3)Northern Coast Range AMA Update, and(4) open public forums. All OregonCoast Provincial Advisory Committeemeetings are open to the public. Two‘‘open forums’’ are scheduled; one at9:45 a.m. and another near theconclusion of the meeting. Interestedcitizens are encouraged to attend. The

14048 Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Notices

committee welcomes the public’swritten comments on committeebusiness at any time.FOR FURTHER INFORMATION CONTACT:Direct questions regarding this meetingto Rick Alexander, Public AffairsOfficer, at (541) 750–7075, or write toForest Supervisor, Siuslaw NationalForest, P.O. Box 1148, Corvallis, Oregon97339.

Dated: March 22, 1996.James R. Furnish,Forest Supervisor.[FR Doc. 96–7628 Filed 3–28–96; 8:45 am]BILLING CODE 3410–11–M

DEPARTMENT OF COMMERCE

Economic DevelopmentAdministration

Notice of Petitions by Producing Firmsfor Determination of Eligibility ToApply for Trade AdjustmentAssistance

AGENCY: Economic DevelopmentAdministration (EDA), Commerce.

ACTION: To give firms an opportunity tocomment.

Petitions have been accepted for filingon the dates indicated from the firmslisted below.

LIST OF PETITION ACTION BY TRADE ADJUSTMENT ASSISTANCE FOR PERIOD 02/21/96—03/16/96

Firm name AddressDate peti-

tion accept-ed

Product

Boston Precision Parts Co., Inc ................ 46 Sprague St., Hyde Park, MA 02136 ... 02/22/96 Stamped sheet metal parts.Apex Machine Tool Company, Inc ............ 21 Spring Lane, Farmington, CT 06032 .. 03/01/96 Fixtures, gages and injection molds.Caruso International, Inc ........................... 40 Ash Circle, Warminster, PA 18974 ..... 03/05/96 Steamsetter, hot rollers and accessories.Gordon B. Hamilton Company .................. P.O. Box 11746, Tucson, AZ 85734 ........ 03/11/96 Modification and rebuilding of aircraft.Karen Anne Mfg., Inc ................................ 599–657 Quarry Street, Fall River, MA

02723.03/07/96 Nylon luggage and computer cases.

Colloid Chemical, Inc ................................ 225 Cedar Knolls Road, Cedar Knolls, NJ07927.

03/11/96 Cured resin friction particle powders andNovolac-type viscous liquid resin bind-ers.

Bibco, Inc ................................................... 326 E. Main St., Benton Harbor, MI49022.

03/07/96 Custom electronic assemblies, includingflat ribbon cable, round cable and print-ed circuit boards.

Van Stee Corporation ................................ 200 Crescent Street, Jamestown, NY14701.

03/07/96 Solid wooden (maple and cherry) bed-room furniture.

Cover Stitch, Inc ........................................ 1629 4th Ave. SE, Dacatur, AL 35601 ..... 03/06/96 Fabric car covers.Burton Golf, Inc ......................................... 2700 25th Ave. SE, Jasper, AL 35501 .... 03/07/96 Golf bags of leather and man-made ma-

terials.Lestage Manufacturing Company ............. 31 Larsen Way, North Attleboro, MA

02763.03/13/96 Jewelry.

Detroit Steel Products Co., Inc ................. P.O. Box 285, Range Line Road, Morris-town, IN 46161.

03/14/96 Multi-leaf springs, parabolic leaf springsand air springs for vehicles.

Great Exportations Hawaii ........................ P.O. Box 788, Mountain View, HI 96771 . 03/14/96 Palms.W.J. Dennis & Company ........................... 1111Davis Road, Elgin, IL 60123 ............ 03/14/96 Weather stripping, of plastic, felt, and ad-

hesive.

The petitions were submittedpursuant to Section 251 of the Trade Actof 1974 (19 U.S.C. 2341). Consequently,the United States Department ofCommerce has initiated separateinvestigations to determine whetherincreased imports into the United Statesof articles like or directly competitivewith those produced by each firmcontributed importantly to total orpartial separation of the firm’s workers,or threat thereof, and to a decrease insales or production of each petitioningfirm.

Any party having a substantialinterest in the proceedings may requesta public hearing on the matter. Arequest for a hearing must be receivedby the Trade Adjustment AssistanceDivision, Room 7023, EconomicDevelopment Administration, U.S.Department of Commerce, Washington,

D.C. 20230, no later than the close ofbusiness of the tenth calendar dayfollowing the publication of this notice.

The Catalog of Federal DomesticAssistance official program number andtitle of the program under which thesepetitions are submitted is 11.313, TradeAdjustment Assistance.

Dated: March 19, 1996.Lewis R. Podolske,Director, Trade Adjustment AssistanceDivision.[FR Doc. 96–7616 Filed 3–28–96; 8:45 am]BILLING CODE 3510–24–M

Bureau of Export Administration

Materials Processing EquipmentTechnical Advisory Committee; Noticeof Partially Closed Meeting

A meeting of the Materials ProcessingEquipment Technical AdvisoryCommittee will be held April 18, 1996,9:00 a.m., in the Herbert C. HooverBuilding, Room 1617M(2), 14th Streetbetween Pennsylvania and ConstitutionAvenues, N.W., Washington, D.C. TheCommittee advises the Office of theAssistant Secretary for ExportAdministration with respect to technicalquestions that affect the level of exportcontrols applicable to materialsprocessing and related technology.

Agenda

General Session1. Opening remarks by the Chairman.


2. Presentation of papers or commentsby the public.

3. Report on status of Control ListCategory 2 items.

4. Discussion of membership issues.5. Status report on implementation of

Executive Order on licenseprocessing.

Closed Session

6. Discussion of matters properlyclassified under Executive Order12958, dealing with the U.S. exportcontrol program and strategic criteriarelated thereto.

The General Session of the meetingwill be open to the public and a limitednumber of seats will be available. To theextent that time permits, members of thepublic may present oral statements tothe Committee. Written statements maybe submitted at any time before or afterthe meeting. However, to facilitatedistribution of public presentationmaterials to the Committee members,the Committee suggests that presentersforward the public presentationmaterials two weeks prior to themeeting date to the following address:Ms. Lee Ann Carpenter, TAC Staff/OAS–EA/Room 3886C, Bureau of ExportAdministration, U.S. Department ofCommerce, Washington, D.C. 20230.

The Assistant Secretary forAdministration, with the concurrence ofthe General Counsel, formallydetermined on December 13, 1995,pursuant to section 10(d) of the FederalAdvisory Committee Act, as amended,that the series of meetings of theCommittee and of any Subcommitteesthereof, dealing with the classifiedmaterials listed in 5 U.S.C., 552b(c)(1)shall be exempt from the provisionsrelating to public meetings found insection 10(a)(1) and (a)(3), of the FederalAdvisory Committee Act. The remainingseries of meetings or portions thereofwill be open to the public.

A copy of the Notice of Determinationto close meetings or portions ofmeetings of the Committee is availablefor public inspection and copying in theCentral Reference and RecordsInspection Facility, Room 6020, U.S.Department of Commerce, Washington,D.C. 20230. For further information orcopies of the minutes, contact Lee AnnCarpenter on (202) 482–2583.

Dated: March 22, 1996.Lee Ann Carpenter,Director, Technical Advisory Committee Unit.[FR Doc. 96–7617 Filed 3–28–96; 8:45 am]BILLING CODE 3510–DT–M

International Trade Administration

[A–602–803]

Certain Corrosion-Resistant CarbonSteel Flat Products From Australia;Final Results of Antidumping DutyAdministrative Reviews

AGENCY: Import Administration,International Trade Administration,Department of Commerce.ACTION: Notice of Final Results ofAntidumping Duty AdministrativeReview.

SUMMARY: On August 16, 1995, theDepartment of Commerce (theDepartment) published the preliminaryresults of the administrative review ofthe antidumping duty order on certaincorrosion-resistant carbon steel flatproducts from Australia. The reviewcovers one manufacturer/exporter of thesubject merchandise to the UnitedStates and the period February 4, 1993,through July 31, 1994. We gaveinterested parties an opportunity tocomment on our preliminary results.Based on our analysis of the commentsreceived, we have changed the resultsfrom those presented in the preliminaryresults of review.EFFECTIVE DATE: March 29, 1996.FOR FURTHER INFORMATION CONTACT: BobBolling or Jean Kemp, Office ofAgreements Compliance, ImportAdministration, International TradeAdministration, U.S. Department ofCommerce, 14th Street and ConstitutionAvenue, N.W., Washington, D.C. 20230;telephone: (202) 482–3793.


Background

On August 16, 1995, the Departmentpublished in the Federal Register (60FR 42507) the preliminary results of theadministrative review of theantidumping duty order on certaincorrosion-resistant carbon steel flatproducts from Australia (58 FR 44161,August 19, 1993). The Department hasnow completed this administrativereview in accordance with section 751of the Tariff Act of 1930, as amended(the Act).

Applicable Statute and Regulations

Unless otherwise stated, all citationsto the statute and to the Department’sregulations are references to theprovisions as they existed on December31, 1994.

Scope of this Review

The products covered by thisadministrative review constitute one‘‘class or kind’’ of merchandise: certain

corrosion-resistant carbon steel flatproducts. These products include flat-rolled carbon steel products, ofrectangular shape, either clad, plated, orcoated with corrosion-resistant metalssuch as zinc, aluminum, or zinc-,aluminum-, nickel- or iron-based alloys,whether or not corrugated or painted,varnished or coated with plastics orother nonmetallic substances inaddition to the metallic coating, in coils(whether or not in successivelysuperimposed layers) and of a width of0.5 inch or greater, or in straight lengthswhich, if of a thickness less than 4.75millimeters, are of a width of 0.5 inchor greater and which measures at least10 times the thickness or if of athickness of 4.75 millimeters or moreare of a width which exceeds 150millimeters and measures at least twicethe thickness, as currently classifiable inthe HTS under item numbers7210.31.0000, 7210.39.0000,7210.41.0000, 7210.49.0030,7210.49.0090, 7210.60.0000,7210.70.6030, 7210.70.6060,7210.70.6090, 7210.90.1000,7210.90.6000, 7210.90.9000,7212.21.0000, 7212.29.0000,7212.30.1030, 7212.30.1090,7212.30.3000, 7212.30.5000,7212.40.1000, 7212.40.5000,7212.50.0000, 7212.60.0000,7215.90.1000, 7215.90.5000,7217.12.1000, 7217.13.1000,7217.19.1000, 7217.19.5000,7217.22.5000, 7217.23.5000,7217.29.1000, 7217.29.5000,7217.32.5000, 7217.33.5000,7217.39.1000, and 7217.39.5000.Included are flat-rolled products ofnonrectangular cross-section wheresuch cross-section is achievedsubsequent to the rolling process (i.e.,products which have been ‘‘workedafter rolling’’)—for example, productswhich have been bevelled or rounded atthe edges. Excluded are flat-rolled steelproducts either plated or coated withtin, lead, chromium, chromium oxides,both tin and lead (‘‘terne plate’’), or bothchromium and chromium oxides (‘‘tin-free steel’’), whether or not painted,varnished or coated with plastics orother nonmetallic substances inaddition to the metallic coating. Alsoexcluded are clad products in straightlengths of 0.1875 inch or more incomposite thickness and of a widthwhich exceeds 150 millimeters andmeasures at least twice the thickness.Also excluded are certain clad stainlessflat-rolled products, which are three-layered corrosion-resistant carbon steelflat-rolled products less than 4.75millimeters in composite thickness thatconsist of a carbon steel flat-rolled


product clad on both sides withstainless steel in a 20%–60%–20%ratio. These HTS item numbers areprovided for convenience and Customspurposes. The written descriptionremains dispositive. The period ofreview (POR) is February 4, 1993through July 31, 1994.

Analysis of Comments ReceivedWe gave interested parties an

opportunity to comment on thepreliminary results. We receivedcomments and rebuttal comments fromboth parties, The Broken HillProprietary Company Ltd. (BHP) andpetitioners. At the request of BHP andpetitioners a hearing was held onOctober 5, 1995.

Comment 1: Respondent states thatthe Department erred in preliminarilydenying BHP its ‘‘constructive’’ quantitydiscount. Respondent argues that,because the Department verified thatBHP granted quantity discounts on morethan 20 percent of its home marketsales, under section 353.55(b)(1) of theDepartment’s regulations it followsinescapably that ‘‘the discounts grantedwere of at least the same magnitude.’’

Respondent illustrated how this resultmust follow. Assuming respondentgranted discounts of 10 percent, 15percent, 20 percent and 25 percent on4 out of 10 sales, then discounts weregranted on 40% of the total sales, andrespondent asserts that the discountsgranted were of at least the samemagnitude as the minimum discountbecause each discount was of at least 10percent. Respondent argues further thateven though it only provided theaverage quantity discount, as opposed tothe actual quantity discount given oneach sale at issue, this so-called‘‘constructive’’ quantity discount wasarrived at by using actual figures, i.e., bydividing the total value of discounts bythe number of tonnage that received anactual discount. For any sale whichreceived less than the average discount,or no discount, a value up to the‘‘constructive’’ discount was reported.Moreover, the respondent contends thatbecause the Department verified each ofthe ‘‘constructive’’ quantity discountsassociated with the pre-selected andsurprise sales at verification by usingthe actual public and internal price listsand checking actual quantity discountsgranted, this is sufficient to justify thereliability of the average discountconstructed by BHP.

Respondent states that granting the‘‘constructive’’ quantity discount neednot establish a wholesale-type precedentsince BHP’s factual information isunique. Therefore, based upon the factsof record, it is entitled to its

‘‘constructive’’ quantity discountadjustment pursuant to section353.55(b)(1) of the Department’sregulations.

Petitioners argue that BHP has notdemonstrated a basis for granting thequantity discount under theDepartment’s regulations. Petitionerstake issue with BHP’s assertion thatdiscounts are of at least the samemagnitude as the smallest discountamount granted on any sale because thesmallest discount amount is not theamount reported as the constructivequantity discount. Petitioners state thatthe actual discounts given, or extrascharged by, respondent were not of thesame magnitude as the reported‘‘constructive’’ quantity discount.Moreover, petitioners point out that atverification BHP made no attempt todemonstrate that its actual quantitydiscounts were of the same magnitudeas the reported ‘‘constructive’’ quantitydiscount. In addition, petitioners statethat a respondent must also establishthat it granted discounts to home marketcustomers on a uniform basis, and thatthe evidence confirms that quantitydiscounts were not charged on auniform basis, rather they varied basedon quantity purchased, product type,and whether the product was painted.

Department’s Position: We disagreewith respondent. To be eligible for aquantity-based discount, a respondentmust demonstrate a clear and directcorrelation between price differencesand quantities sold. (See e.g., BrassSheet and Strip From the Netherlands,53 FR 23,431, 33 (1988). Pursuant to353.55(b)(1) of the Department’sregulations, in order to receive thisadjustment a respondent must establishthat it gave quantity discounts of at leastthe same magnitude on 20 percent ormore of its home market sales of suchor similar merchandise. That is to saythat the discount amounts submittedmust be at least as large as the discountsgranted on 20 percent or more of allhome market sales of such or similarmerchandise. If this test is met theDepartment applies a discountadjustment equal to the minimumdiscount given.

Regardless of the fact that theDepartment verified that BHP hadgranted quantity discounts on more than20 percent of its home market sales,because BHP only provided theDepartment with an average discountamount, which it applied across theboard to all home market sales itclaimed received a quantity-baseddiscount, the Department has no way ofdetermining which of the actualdiscounts granted were at least as largeas the average discount claimed by BHP.

The hypothetical example profferedby BHP illustrates its misreading of353.55(b)(1). BHP points to the smallestdiscount of 10 percent in thehypothetical example and concludesthat because the other discounts in theexample were all higher, it must followthat its average ‘‘constructed’’ discountamount will always be of at least thesame magnitude as the minimumdiscount. However, it is not theminimum discount that we areconcerned with. In BHP’s example theaverage discount, which is 17.5 percent,while at least as large as 10 and 15percent, is not of the same magnitude as20 and 25 percent. By definition, theaverage discount can never be at least aslarge as those discounts which arehigher than the average.

While the Department can agree withBHP’s argument that quantity discountsgranted on more than 20 percent of itshome market sales must be of at leastthe same magnitude as the minimumdiscount granted, we cannot determinewhat that minimum discount was fromthe ‘‘constructed’’ average submitted byBHP. Therefore, we cannot establish theproper amount of the claimedadjustment. Lastly, as petitionerscorrectly point out, the Department alsorequires that a respondent establish thatit gave discounts on a uniform basiswhich were available to substantially allhome market customers, which BHPfailed to demonstrate. Therefore, theDepartment will disallow theadjustment for the purposes of the finalresults.

Comment 2: Respondent argues thatfor its preliminary results, theDepartment omitted certain homemarket sales of its prime merchandise.Respondent explains that it reported allof its prime sales (by PRIMEH=’1′ andby PRIMEH=’3′), as well as its non-prime sales, which included secondsand downgraded merchandise (byPRIMEH=’2′).

However, the respondent notes thatthe Department included in the homemarket database only prime 1 sales(‘‘WHERE PRIMEH=’1’’) and omittedprime 3 sales (‘‘WHERE PRIMEH=’3’’).Respondent claims that the reason itreported some of its prime asPRIMEH=’3′ was in response to aDepartment request that overruns beseparately reported, but respondentasserts that in its normal course ofbusiness it does not distinguish betweenits prime product and prime overruns.Respondent claims that prime overrunsare sold in the home market as primesurplus stock, and that standardcustomer agreements grant an option tobuy both prime and prime surplus.Consequently, respondent argues that


the record establishes that productsdesignated as PRIMEH=’1′ andPRIMEH=’3′ are prime products, andthat the Department should correct theprogram to include sales of the lattereven though they are overruns.

Petitioners argue that the Departmentcorrectly excluded overrun sales fromthe foreign market value calculation.Petitioners assert that it is Departmentpractice to exclude overrun sales thatare outside the ordinary course of trade.Petitioners contend that looking at thefactors that the Department uses todetermine whether overruns are sold inthe ordinary course of business, sales ofBHP’s overruns are outside the ordinarycourse of trade. Petitioners argue thatrecord evidence of differences in prices,profit margins, sales quantities, andsales practices between prime andoverruns, all support their claim thatthese sales are outside the ordinarycourse of trade.

Department’s Position: We agree withrespondent. It is the Department’sestablished practice to include homemarket sales of such or similarmerchandise unless it can beestablished that such sales were notmade in the ordinary course of trade.(See e.g., Final Determination ofStainless Steel Angle From Japan, 60 FR16608, 16614–15 (1995)). Section773(a)(1)(A) of the Act and section353.46(a) of the Department’sregulations provide that foreign marketvalue shall be based on the price atwhich or similar merchandise is sold inthe exporting country in the ordinarycourse of trade for home consumption.Section 771(15) of the Act definesordinary course of trade as conditionsand practices which, for a reasonabletime prior to the exportation of thesubject merchandise, have been normalin the trade with respect to merchandiseof the same class or kind. (See, alsosection 353.46(b))

In looking at overruns in making thisdetermination the Department typicallyexamines several factors taken together,with no one factor dispositive. (See e.g.,Certain Welded Carbon Steel StandardPipes and Tubes From India, 56 FR64753, 64755 (1991)). In this case, weexamined: (a) whether the home marketsales in question did, if fact, consist ofproduction overruns; (b) whetherdifferences in physical characteristics ordifferent product uses existed betweenoverruns and ordinary production; (c)whether the number of buyers ofoverruns in the home market and thesales volume and quantity (tonnage) ofoverruns were similar or dissimilar ascompared to prime merchandise; and(d) whether the price and profitdifferentials between sales of overruns

and ordinary production weredissimilar. In considering these factorsas a whole, we found that sales ofoverrun corrosion-resistant steel weremade in the ordinary course of trade.

Evidence indicates that home marketsales of Prime3 were sales of overruns.There is no evidence on the record toindicate that there were any differencesin product characteristics betweenprime merchandise and overruns. BHP’sstandard customer agreements providedan option to purchase either primemerchandise or overruns, which BHPlabel’s as prime surplus, as they arise ontheir surplus stock list. (See VerificationExhibit BHP–9(b)) There is nothing inthe record to indicate that overruns havedifferent physical characteristics thanprime merchandise or are used fordifferent purposes. Record evidenceestablishes that the cost of producingprime and the cost of producingoverruns is the same, and standardcustomer agreements do not distinguishbetween physical characteristics orproduct uses.

Also, the record reflects that there wasa high number of buyers of overruns inrelation to the number of buyers ofprime merchandise sales and, in mostinstances, they were the samepurchasers. In addition, in relation tothe total quantity and volume of homemarket sales of prime merchandise,overruns accounted for a notinsignificant percentage. With regard topricing differences between primemerchandise and overruns, the recorddemonstrates that there were a variety ofpricing differences. Several sales ofoverruns were at prices many timeshigher than prices for primemerchandise, several were sold at asubstantial percentage of the price ofprime merchandise, and some were soldat a small percentage of the price ofprime. Record evidence indicates thatthe average profit margin on overrunswas not insignificant, although theaverage profit margin on primemerchandise was much greater. Allthese factors when looked at in totalitylead us to conclude that sales of‘PRIMEH=3′ were sold in the ordinarycourse of trade, and we will for the finalresults include home market sales ofoverruns.

Comment 3: Respondent asserts thatnotwithstanding the paucity of salesfound to be below cost, it provided theDepartment with information thatdemonstrates that it will recover costson these few below cost sales within areasonable period of time.

Respondent asserts that under the lawand the Department’s practice it isentitled to a finding of cost recovery.Respondent notes that the Court of

International Trade (CIT) has stated that‘‘[t]he issue * * * is not whether therecord supports the conclusion that [therespondent] would be able to recover itscosts at the prices charged during theinvestigatory period within a reasonableperiod of time in the normal course oftrade, but whether there is substantialevidence on the record supportingCommerce’s determination that [therespondent] could not recover its costsat these prices in such time period.’’NSK Ltd. v. United States, 809 F. Supp.115 (CIT 1992) (quoting Toho TitaniumCo. v. United States, 670 F. Supp. 1019,1022 (CIT 1987)). Respondent furtherasserts that the CIT has stated that theDepartment must support its costrecovery conclusion with supportingcalculations or analytical explanations,‘‘using either the data already collectedor, if necessary, by collecting furtherdata’’ that cost recovery will not occurwithin a reasonable period time. SeeToho, 670 F. Supp. at 1022.

Respondent states that it is aware that,in past cases, parties alleging costrecovery have not provided theDepartment with adequate data, butrespondent argues that it provideddetailed evidence of decliningproduction costs and efficiency gainswhen it submitted information aboutAPEX, a cost reduction program itundertook with the assistance ofMcKinsey Consultants and chartsdemonstrating cost reductions achievedover successive six month periodsduring the POR. This, coupled with thefact that so few sales were found by theDepartment to be below cost,respondent asserts is sufficient to shiftthe burden on the Department todemonstrate with substantial evidencethat cost recovery did not occur.

Petitioners argue that respondent hasthe burden of proof to demonstrate thatit will recover the costs of below costsales within a reasonable period of time,a burden respondent has failed to meet.Petitioners argue that respondent failedto demonstrate that it could recover itscosts at the model-specific below costprices. Petitioners assert that respondentis required to demonstrate how anyreduction in the future cost ofproduction for the products sold belowcost would translate into recovery ofcosts on those products for priorperiods. (NSK Ltd. v. United States Slip-OP. 95–138 (CIT 1995)) Petitionersassert that while the determination ofwhat constitutes a reasonable period oftime is the Department’s, respondentwas also unable to identify and justifythe period of time within which costscould be recovered and demonstratethat this was a reasonable period of timefor cost recovery.


Department’s Position: Section 773(b)of the Act provides that the Departmentwill determine whether sales are madeat less than the cost of producing thesubject merchandise. If sales madebelow cost are not at prices whichpermit recovery of all costs within areasonable period of time in the normalcourse of trade, such sales shall bedisregarded in determining FMV. Whatmust be demonstrated is that the priceswhich are below cost during the PORare at a level such that those priceswould permit not only sufficientrevenue to cover future costs, but alsoexceed future costs to a degree whichpermits recovery of past losses. (See,e.g., Granular PolyethelrafluoroethyleneResin From Japan, 58 FR 50343, 50346(1993); Timken Co. V. United States,673 F. Supp. 495, 516–17 (CIT 1987))(Court holding that the term ‘‘prices’’ insection 773(b) refers only to prices ofbelow cost sales and not to prices ofabove cost sales).

One situation recognized by Congresswhich might permit recovery of losseson below cost sales within a reasonableperiod of time is an industry, such asthe airline industry, which incurs largeresearch and development costs thatcannot be immediately recovered bysales. (See S. Rep. No. 1298, 93rd Cong.,2d Sess. 173 (1974), reprinted in 1974U.S. Code Cong. & Admin. News 7188,7310; Toho Tinanium Co. v. UnitedStates, 670 F. Supp. 1091, 1021 (CIT1987). The Department’s practice alsorecognizes that extremely highproduction costs associated with anextraordinary event not required for thecontinuous production of themerchandise may be recoverable byfuture sales at the same prices within areasonable period of time. (SeePorcelain-on-Steel Cooking Ware FromMexico, 58 FR 32095, 32102 (1993)).The evidence placed on the record byrespondent does not support any suchfinding.

BHP did submit evidence of theresults of certain cost-cutting measuresundertaken by the company during thePOR which demonstrates that totaloperating costs did decline in thatperiod. BHP points to this costreduction as proof that it would be ableto offset losses from below cost salesmade during the POR using revenuesfrom profitable, lower-cost sales madewithin a reasonable period of timethereafter. That is, if the company’s costof production declines in the futurebelow the prices of below cost salesmade during the POR, then those samesales prices may, in the future, allowrecoupment of all costs and past losses.

Much of the information we relied onin analyzing respondent’s claims is

proprietary. (See Memo to the File, CostRecovery (proprietary version)(February 28, 1996)). Although wefound a general reduction in BHP’s totaloperating costs, as well as a generalincrease in productivity and productionvolume, during the POR, the costreductions and productivity/ productionincreases were not sustained and, inseveral instances, actually began toreverse direction during the POR. This,together with our finding that the pricesof the below-cost sales during the PORwere below average POR costs, leads usto conclude that the informationprovided by respondent regarding itscost reduction programs during the PORdoes not support it contention that thecompany’s below-cost sales were atprices that would allow recovery of allcosts within a reasonable period of time.Therefore, from a review of the recordevidence, we conclude that BHP’s belowcost sales must be disregarded incalculating FMV.

Comment 4: Respondent argues thatthe Department should use BHP’sreported interest rate to calculateinventory carrying costs and creditexpenses. Respondent asserts that theintra-corporate interest rate it providedat verification is the Australianequivalent of the U.S. prime rate, andthat the Federal Reserve Bank ofAustralia Bulletin (Bulletin) provided atverification reflects the short-termcommercial interest rates (LargeBusiness), which correspond torespondent’s internal interest rates.Respondent notes that the Departmentin its analysis memorandum found‘‘[t]hese rates were not substantiallydifferent from the related-party ratesreported by BHP, however, it is not clearwhether these rates represent short- orlong-term rates.’’ Respondent assertsthat the rates listed under the LargeBusiness column of the Bulletin are aset of rates ‘‘offered by four majorAustralian banks,’’ and that rate is theAustralian equivalent of the U.S. primerate, which is a short-term rate bydefinition. Therefore, respondentcontends that the Department shoulduse the intra-corporate rate reported byBHP because this interest rate was notsubstantially different from the LargeBusiness rate and these rates are short-term and market-driven.

Petitioners assert that there is noevidence on the record that the ‘‘LargeBusiness’’ rate is the Australianequivalent of the U.S. prime rate, andthat from this evidence the Departmentcould not tell whether or not these ratesrepresent long- or short-term rates.Furthermore, petitioners argue that it isDepartment practice not to accept anintra-corporate rate, since such a

lending rate need not reflect commercialreality in the marketplace. Petitionerscontend that the commercial bill rateselected by the Department is apermissible and reasonable BestInformation Available (BIA) because itrepresents the interest rate for 90-daycommercial lending in the home market.

Department’s Position: We agree withpetitioners . It is not the Department’spractice to rely upon intra-corporatelending rates that are merely intra-company transfers of funds. (See, e.g.,Tapered Roller Bearing and Parts,Thereof, Finished and Unfinished fromJapan, 57 FR 4960, 71 (1992) (Comm.32)). Additionally, even though BHP’sintra-corporate rate was comparable tothe Australian ‘‘Large Business’’ rate,BHP failed to provide evidence on therecord to support its contention that theAustralian ‘‘Large Business’’ rate is ashort-term rate. Therefore, for the finalresults we will continue to useinformation on the record regarding theAustralian quarterly rates forcommercial bills (90 days) in effectduring the POR as quoted in the OECD’s‘‘Main Economic Indicators’’ for May1995.

Comment 5: Petitioners contend thatrespondent failed to report an unknownquantity of U.S. sales by its subsidiaryBHP Steel Building Products (BuildingProducts) of further manufacturedmerchandise made from Australian coilssubject to review, and that BHPimpermissibly reported only BuildingProducts sales that Building Productscould link to Australian coil tonnageentered during the POR. Petitionersassert that the Department requires thatall ESP sales during the POR bereported, regardless of whether or notthe subject merchandise (Australiancoils) entered before suspension ofliquidation.

In addition, petitioners contend thatthe Department verified that BuildingProducts did not report all of its salesof subject merchandise sold during thePOR, and that the Department’sverification of the total sales reporteddid not address the (1) unreported salesof accessories, (2) intra-companytransfers of coil tonnage, and (3)unaccounted for coil tonnage.

Petitioners claim that all sales madeduring the POR must be reported andpoint to Industrial Belts from Italy, 57FR 8295, 8296 (1992 1st Review) andCanned Pineapple Fruit from Thailand,60 FR 29553 (June 5, 1995) to supporttheir position. In Industrial Belts FromItaly petitioners assert that all sales,including sales from merchandiseentered before the POR, were reportedand used to ensure that there was nomanipulation of the dumping margin.


However, petitioners argue thatBuilding Products unilaterally decidedwhich sales to report. Therefore, theDepartment should apply a BIA rate toall of Building Products unreportedsales by applying the higher of (1) the‘‘second-tier’’ margin under its AFBs1992 partial BIA methodology, or (2) thehighest non-aberrant margin in a givencase.

Respondent asserts that petitionersincorrectly contend that respondent didnot report sales made during the PORfrom tonnage sourced from Australiawhich was in Building Productsinventory prior to the suspension ofliquidation, i.e., from coils enteredbefore the POR. Respondent denies thatit decided unilaterally not to reportsales made during the POR which couldnot be linked to tonnage entered duringthe POR. In fact, respondent asserts thatsales made from coils in beginninginventory (i.e., coils in inventory at thebeginning of suspension of liquidation)constituted the bulk of BuildingProducts reported sales during the POR.Respondent further asserts that all salesemanating from coils in beginninginventory were reported becauserespondent was unable to establish thatthese coils had, in fact, entered prior tothe suspension of liquidation.

Respondent claims that it identifiedsales of subject merchandise (in coilform) in 2 ways; it made a list of all coilsin Building Products inventory at thetime of suspension of liquidation, whichwere termed beginning inventory, and alist of all coils shipped from Australiathat entered during the POR, whichwere identified as liability coils.Respondent asserts that from both ofthese lists Building Products thentracked all coils as they moved throughinventory and production and into aparticular line item on an invoice,representing a sale of subjectmerchandise. Respondent argues thatthe Department verified thecompleteness of Building Productsresponse, including its reporting of salesmade from beginning inventory.Therefore, respondent argues thatpetitioner is completely wrong inclaiming that respondent did not reportall sales made from Australian coils,whether or not they entered prior to, orafter, suspension of liquidation.

Additionally, respondent contendsthat Building Products not being able toaccount for all of the weight of theliability coils is not the result ofrespondent failing to report all salesfrom liability coil, as petitioners argue.Rather, this missing percentage merelyreflects scrap and accessory sales madeduring the POR, as demonstrated byverification exhibits, and therefore no

sales from liability coils were missingand not reported.

Moreover, respondent asserts thatBuilding Products had no sales ofaccessories which could be identified asbeing of Australian origin. Respondentclaims that accessory sales are, likescrap, a percentage of coil used, and thatverification exhibits demonstrate thatthe percentage of coil weight foraccessories approximates thatattributable to scrap. Respondent assertsthat when a coil is roll-formed, portionsare lost in the process. This scrap isthen collected and placed in a bin andfrom this point on the scrap’s origincannot be identified. Respondentcontends that, as with scrap, when asmall portion of a coil is subsequentlyconverted into an accessory item, theorigin of the accessory can no longer beidentified. Therefore, Building Productswas unable to identify accessory salesmade from Australian coil.

Department’s Position: Except withregard to accessories, we agree with therespondent that it properly reported allsales made during the POR. Atverification, we confirmed BuildingProducts total sales universe of itsreported sales to the first unrelatedparty during the POR. Our reviewestablished that Building Productsproperly linked all the ESP sales offurther-manufactured goods to coils ofsubject merchandise from bothbeginning inventory and from liabilitycoils, which included inter-companytransfers of Australian tonnage.Additionally, we verified respondentsmethod for ascertaining how furthermanufactured goods were producedfrom Australian subject coil and howrespondents accounted for and sold themerchandise to the first unrelated party.We found this methodology accuratelytracked all further manufactured sales(See Building Products VerificationReport, May 19, 1995 and Sales TraceExhibits BP53–BP61). We traced thesubject coil from each sourced point toBuilding Products records (Seeverification Exhibits BP–22 throughBP30(a)). In addition, we traced thelinkage establishing total tonnageshipped from Sheet and Coil ProductsDivision (SCPD) to Building Products(See verification Exhibits BHP–27through BHP28), and found thatBuilding Products has reported all of itssales from Australian sourced tonnage.

In Industrial Belts From Italy theDepartment indicated that it wouldpresume that all ESP sales of subjectmerchandise made during the POR werefrom subject merchandise entered afterthe date of suspension of liquidationand thus subject to antidumping duties,unless the respondent could

affirmatively demonstrate that particularsubject merchandise sold during thePOR was entered prior to the POR. Asin Industrial Belts from Italy, becauseBuilding Products was unable to linkany sales with subject merchandise (coiltonnage) that entered the U.S. prior tothe date of suspension of liquidation(February 4, 1993), all sales during thePOR of merchandise made fromAustralian coils were reported byrespondent. Therefore, we haveincluded all sales made during the PORin our margin calculation. TheDepartment accepts that it wasimpossible for Building Products to linksales of accessories, which only accountfor an insignificant portion of total sales,to particular coils of Australian origin.However, sales of accessories cannotproperly be excluded. Therefore, theDepartment has treated all accessoriesas sales made from Australian-origincoil and has assigned to those sales theweighted-average margin based on allother sales made during the POR. (Seee.g., AFBs From Germany, 54 FR 18,992,19,033 (1989); National Steel v. UnitedStates, 870 F. Supp. 857 (1994)).

Comment 6: Respondent states thatwhile, in the preliminary results, theDepartment denied BHP’s claim for acash (settlement) discount in the homemarket, the Department requestedupdated information for payment andshipment dates from BHP after thepreliminary results were issued.Pursuant to the Department’sinstructions, on September 7, 1995, BHPsubmitted a computer tape containingupdated payment and shipment dates.Therefore, respondent asserts that theDepartment should allow the cash(settlement) discounts adjustmentreported for those sales in the finalresults.

Petitioners argue that the Departmentcorrectly denied the reported cashdiscounts for sales for which respondenthad not originally reported a date ofpayment. Although respondent hassince provided shipment and paymentdates for these sales, petitioners arguethat the Department has not verifiedthese dates and the estimated cashdiscount amounts reported byrespondent. Additionally, petitionersassert that some of these sales with acertain term of payment were found atverification by the Department to havebeen misreported and thus unverified.Therefore, the Department should notdeduct the estimated cash discountsamounts on any of these sales.

Petitioners also contend that in thepreliminary results, the Departmentdeducted a cash discount with regard toa particular customer on certain homemarket sales even though the


Department verified that no discountwas given. Therefore, the Departmentmust deny cash discounts claimed onthese particular home market sales tothis customer.

In rebuttal respondent notes thatwhile it originally reported cashdiscounts on certain sales to thisparticular customer even though it didnot actually grant the discounts, itdeleted these cash discounts from therevised data BHP submitted after thepreliminary results were published.Respondent also notes that thiscustomer failed the arms-length test sothe sales were excluded from thecalculation of BHP’s fair market value inany event.

Department’s Position: We agree withrespondent. In the Department’spreliminary results, we stated that wewould request the updated shipmentand payment date information fromBHP after the preliminary results wereissued. The Department has analyzedthe information BHP submitted onSeptember 7, 1995, and found theinformation to be consistent with theverified information (See, BHP’sVerification Report dated May 23, 1995,p. 17). Therefore, for the final results theDepartment will use the updatedshipment and payment dateinformation.

With regard to a cash discountgranted at the preliminary results to acustomer who was not eligible toreceive a discount, we agree withrespondent that this customer, whichdid not actually receive the discount,failed the arms-length test. Therefore,the Department is excluding its salesfrom the Department’s margincalculation program.

Comment 7: Petitioners allege thatbecause BHP failed to use a proper U.S.interest rate in the calculation of creditexpenses and inventory carrying costs,in the preliminary results theDepartment was forced to use a BIA rateof 3.44 percent, which was the averageof the Federal Reserve StatisticalRelease one month commercial paperrates. However, petitioners state that theDepartment should use the home marketshort-term interest as a BIA rate becauserespondent had no U.S. borrowings anddid not show it had access to U.S.borrowing. Therefore, in keeping withthe Department’s practice and theholdings of review courts, the use of aU.S. interest rate to calculate U.S. creditexpense and inventory carrying costs isnot appropriate. (See, Gray PortlandCement and Clinker From Japan, 60 FR43761, 67 (1995)) Additionally,petitioners argue that the BIA rateapplied by the Department in thepreliminary results was not sufficiently

adverse. Therefore, the Departmentshould use the short-term interest rateBHP obtained when borrowing in thehome market when calculating U.S.credit expense and inventory carryingcosts.

Respondent asserts that it has notadvocated use of its home marketinterest rate as a surrogate for the U.S.interest rate, as claimed by petitioners.Respondent contends that thepetitioners are incorrect in claiming thatit is the Department’s practice to relyupon actual home market interest rateswhen a respondent has no U.S. dollarborrowings and provides no proof thatit had access to U.S. borrowings. Rather,respondent asserts that the Departmentwill now look to external information todetermine an appropriate interest rateeven in the absence of proof of access.(See, Brass Sheet and Strip FromGermany, 60 FR 38542, 38545 (1995))Moreover, respondent argues that, inany event, it provided evidence that ithad access to U.S. borrowings.

Department’s Position: When arespondent has no U.S. borrowings, it isno longer the Department’s practice tosubstitute home market interest rateswhen calculating U.S. credit expenseand U.S. inventory carrying costs.Rather, the Department will now matchthe interest rate used for credit expensesto the currency in which the sales aredenominated. The Department will usethe actual borrowing rates obtained bya respondent, either directly, or throughrelated affiliates. Where there is noborrowing in a particular currency, theDepartment may use externalinformation about the cost of borrowingin that currency. (See Brass Sheet andStrip From Germany 60 FR at 38545,46(1995)) Because respondent did notsupply the Department with an actualU.S. borrowing rate, for the preliminaryresults, we turned to externalinformation and applied the average ofthe Federal Reserve Statistical Releaseone-month commercial paper rates ineffect during the POR to calculate U.S.credit expenses and inventory carryingcosts.

For the final results, we havereconsidered our use of the commercialpaper rate. BHP provided no evidencethat it would have had access tocommercial paper rates in the UnitedStates during the POR. To show accessto a U.S. rate, BHP provided theDepartment a letter from a U.S. bankstating the prime and LIBOR rates ineffect during the POR. (See VerificationExhibit BT–32) However, this documentdoes not state that this bank would havelent funds at/above/below these rateshad BHP sought to borrow funds duringthe POR. This document also does not

speak to the availability of commercialpaper rates.

In the absence of U.S. dollarborrowings, we need to arrive at areasonable surrogate for imputing U.S.credit expense. There are many andvaried factors that determine at whatrate a firm can borrow funds, such asthe size of the firm, its creditworthiness,and its relationship with the lendingbank. Without actual U.S. dollarborrowings and without substantialevidence on the record indicating whatrates a firm is likely to have received ifit had borrowed dollars, it is impossibleto predict the rate at which a companywould have borrowed dollars.Therefore, we chose the average short-term lending rate as calculated by theFederal Reserve. Each quarter theFederal Reserve collects data on loansmade during the first full week of themid-month of each quarter by sampling340 commercial banks of all sizes. Thesample data are used to estimate theterms of loans extended during thatweek at all insured commercial banks.This rate represents a reasonablesurrogate for an actual dollar interestrate because it is calculated based onactual loans to a variety of actualcustomers.

For these reasons, we haverecalculated BHP’s imputed U.S. creditexpense based on the average lendingrate during the POR, as published by theFederal Reserve. (See the Final AnalysisMemorandum for this review, which ison file in room B–099 of the mainbuilding of the Commerce Department)

Comment 8: Petitioners state that inthe preliminary results the Departmenterred when it used gross unit price incalculating home market inventorycarrying costs, but used average cost ofmanufacture (TCOMU) when itcalculated U.S. inventory carrying costs.Petitioners state it is not theDepartment’s practice to calculateinventory carrying cost based on cost inthe U.S. market and price in the homemarket. Petitioners state inventorycarrying costs should be compared on afair apples-to-apples basis based on costof the merchandise in both markets. Inaddition, petitioners note that theDepartment erred in calculating U.S.inventory carrying costs by averagingthe cost of the merchandise rather thanusing the actual product-specific costs,because it is the Department’s practiceto use actual product-specific costs.Therefore, petitioners argue that theDepartment should recalculateinventory carrying cost based on totalcost of manufacture in both markets.

Respondent states that theDepartment did not calculate U.S.inventory carrying costs based on


prices, but based on average costs.Respondent notes that BHP submitteddata in its responses pursuant to thatmethodology and the data was verifiedby the Department. Respondent alsostates that while gross price does appearin the Department’s program withrespect to inventory carrying cost, it isused (to no effect) only to ‘‘convert’’BHP’s inventory carrying expense, notto calculate it. Respondent argues thatno change is required in the programbecause the Department did notcalculate inventory carrying cost basedupon home market gross unit price.

Department’s Position: We agree withpetitioners. Contrary to the respondent’sclaim, in the preliminary results theDepartment erred in relying upon homemarket prices in calculating homemarket carrying costs, while calculatingU.S. inventory carrying costs based onthe cost of manufacture. It is theDepartment’s practice to calculateinventory carrying costs based on costsof the merchandise in both markets (SeeCanned Pineapple Fruit from Thailand,60 Fed. Reg. 29553 (June 5, 1995)).Moreover, it is our practice to base thecalculation on product-specific ratherthan average costs (See, TelevisionReceivers, Monochrome and Color FromJapan, 56 FR 38417, 423 (1991)).Therefore, for the final results theDepartment will calculate inventorycarrying costs based on the product-specific costs of the merchandise inboth markets.

Comment 9: Petitioners state that inthe preliminary results the Departmentincorrectly included pre-saletransportation expenses from the U.S.port to the warehousing andmanufacturing operations of BHPCoated Steel Corporation (Coated) andBuilding Products as indirect sellingexpenses. Petitioners state that on thoseESP sales that are further manufactured,the questionnaire and Departmentpractice require that thesetransportation costs be included in thecost of further manufacture. On ESPsales that are not further manufactured,Section 772(d)(2)(A) of the Act clearlyinstructs the Department to treat thesesexpenses as direct expenses.Accordingly, petitioners argue that onthese sales by Coated and BuildingProducts the pre-sale freight should bededucted as a cost of manufacture ordirect expense.

Department’s Position: Section772(d)(2)(A) requires that theDepartment deduct from USP allmovement expenses incurred inbringing the merchandise from the placeof shipment in the country ofexportation to the place of delivery inthe United States, regardless of whether

sales of the merchandise are purchaseprice or ESP transactions. TheDepartment does not treat thesemovement expenses as selling expenses,either direct or indirect, such as areincurred pursuant to section 772(e)(2).(See e.g. Television Receivers,Monochrome and Color, From Japan, 56FR 37,078 (1991)); and SharpCorporation v. United States, 63 F. 3d1092 (August 1995)(upholding theDepartment’s practice of distinguishingU.S. movement expenses from U.S.selling expenses and of limiting the ESPoffset cap in adjusting FMV to theindirect selling expenses incurred in theU.S. that are deducted under 772(e)(2).)Therefore, for the final results, theDepartment will deduct pre-saletransportation expenses from these ESPsales that were not furthermanufactured. We note that forexpenses for the movement of theimported product to the place of furthermanufacture prior to sale will bededucted as part of the cost of furthermanufacture (See e.g., Stainless SteelHollow Products From Sweden, 59 FR43810, 43813 (1994)).

Comment 10: Petitioners state that inthe preliminary results the Departmentincorrectly included as indirect sellingexpenses slitting and painting costs thatBHP Trading, Inc. (Trading) paid tounrelated parties for certain sales.Petitioners state that because these costsare directly identified with specificsales these expenses must be deductedfrom USP under section 772(d)(2)(A).

Department’s Position: Section 772(e)(3), which states that the exporter’ssales price will be reduced by ‘‘anyincreased value, including additionalmaterial and labor, resulting from aprocess of manufacture or assemblyperformed on the imported merchandiseafter the importation of the merchandiseand before its sale to a person who isnot the exporter of the merchandise,’’applies here. Pursuant to that provision,for the final results, the Department willcorrect the margin calculation programand will deduct from ESP Trading’sfurther processing expenses includingslitting and painting costs. For a fulldiscussion of how we arrived at the totalcost of manufacturing of these furthermanufactured sales, see the FinalAnalysis Memorandum for this review,which is on file in room B–099 of themain building of the CommerceDepartment.

Comment 11: For the preliminaryresults, petitioners state that theDepartment had to recalculate U.S.credit expenses because BHP’sinaccurate reporting of payment andshipment dates caused the Department’smargin computer program to calculate

incorrect credit amounts on thousandsof sales. Petitioners state that themiscalculation was caused by BHPreporting a zero in the payment datefield for sales by Building Products, andthe reporting of obviously incorrectshipment dates between June 1995 andDecember 1999 on sales by BuildingProducts. Petitioners argue that for thefinal results the Department shouldfollow its standard practice of using asBIA the highest credit cost calculated onany U.S. sale by Building Productswhich has a zero entered as the paymentdate, or an incorrect shipment date (See,Calcium Aluminate Cement and CementClinker From France, 58 FR 58683,58684 (1993)).

Respondent agrees that certainmissing Building Products paymentdates or incorrect shipping dates on itscomputer tape should be corrected.However, respondent contends thatstandard Department practice is toreplace the missing or incorrect datawith the weighted-average credit costfor U.S. sales and cites to Stainless SteelThreaded Pipe Fittings From Taiwan, 59FR 10784, 10786 (1994) in support.Respondent argues that a large numberof Building Products transactions hadcorrectly reported credit expenseswhich BHP states supports the accuracyand reliability of a weighted average.Respondent argues that using thehighest credit expense as petitioners callfor would result in a credit expense thatwill go beyond the highest non-aberrantrate and, therefore, would not beappropriate. Respondent argues that ifthe Department chooses to use BIA, itshould use the partial BIA practiceoutlined in Anti-Friction Roller BearingsFrom France, 57 FR 28360, 28379(1992).

Department’s Position: Before theDepartment may find non-complianceon the part of a respondent, there mustbe a clear and adequate communicationrequesting information. See e.g.,Daewoo Elecs. Col v. United States, 712F. Supp 931, 945 (1985). BHP failed toprovide credit expense data for certainsales in Building Products databaseeven though the Department providednumerous opportunities to BuildingProducts to correct its credit expense(See Supplemental Questionnairesdated December 27, 1994 and February10, 1995).

The Department applies two types ofBIA, partial BIA, which is used when arespondent’s submission is deficient inlimited respects, but is otherwisecomplete and reliable; and total BIA,which is used for a respondent who failsto timely respond or whose submissioncontains fundamental errors that renderthe entire submission unreliable. The


use of partial rather than total BIAreflects the fact that, in general, therespondent has been cooperative. Thus,it is the nature of the deficiency, ratherthan the level of cooperation that theDepartment considers in exercising itsdiscretion to select partial BIA. See e.g.,Steel Flat Products From France, 58 FRat 37,129 (1993) (applying highestmargin to certain sales of cooperativerespondent); Ad Hoc Committee v.United States, 865 F. Supp. 857 (1994).In this review, because respondentfailed to provide a substantial portion ofthe total credit expense data in itspossession, we have used the highestcredit cost calculated on any U.S. sales(See e.g., Antifriction Bearings (otherThan Tapered Roller Bearings) andParts Thereof From France, 60 FR10900, 10907 (1995) ‘‘AFBs’’) (See e.g.,Calcium Aluminate Cement and CementClinker From France, 58 FR 58683,58684 (1993)).

Comment 12: Petitioners contend thatthe Department must deductantidumping duties paid by therespondent or related party importers.Section 1677a(d)(1994) states that thepurchase price and exporter’s salesprice shall be reduced by United Statesimport duties. According to thepetitioners antidumping duties are‘‘incident to bringing the subjectmerchandise from the place of shipmentin the country of exportation to theplace of delivery in the United States’’and are therefore properly classified asimport duties. Furthermore, petitionersclaim ‘‘duties’’ or ‘‘import duties’’ intrade laws are to be read as antidumpingor countervailing duties unless theprovision specifically indicatesotherwise.

Petitioners claim that the CIT hasnever explicitly held that section 1677(c)(2)(A) covers actual antidumpingduties in addition to normal importduties, but argue that the courtimplicitly so held in Federal-Mogul v.United States, 813 F. Supp. 856,872(1993). Petitioners claim that the courtdistinguished actual antidumping dutiesfrom estimated antidumping duties,which they point to as support for thenotion the actual antidumping dutiesare part of the normal import duties tobe deducted under section1677a(d)(2)(A). Lastly, petitioners claimthat language in the legislative history ofthe newly enacted Uruguay RoundAgreements Act (URAA) which statesthat duty absorption is not intended toprovide for the treatment ofantidumping duties as cost does notmean that under the new lawantidumping duties cannot be treated asnormal duties, that is, as cost.

Respondent argues that theDepartment’s well-established practiceof not deducting duty as a cost is notonly required by law but this issue isalso pending on appeal at the Court ofInternational Trade. Therefore,respondent asserts it would beinappropriate for the Department toreverse its practice in this investigationwithout prior notice or comment.

Department’s Position: While section772(d)(2)(A) requires the deduction ofnormal ‘‘import duties,’’ cash depositsof estimated antidumping duties are notnormal import duties, and do notqualify for deduction under section 772.Contrary to petitioners’’ argument, theCIT in Federal-Mogul v. United States813 F. Supp. 856, 872 (CIT 1993),recognized that the actual amounts ofnormal duties to be assessed uponliquidation are known because they arebased upon rates published in theHarmonized Tariff Schedule and theactual entered value of the merchandise.In contrast, deposits of estimatedantidumping duties are based upon pastdumping margins and may bear littlerelation to the actual current dumpingmargin. Thus, the CIT recognized thedistinction between estimatedantidumping duties and ‘‘normal’’import duties for purposes of section772(d)(2(A).

Petitioners’ methodology alsoconflicts with the holding of the CIT inPQ Corp. v. United States, 652 F. Supp724 (CIT 1987), in which the courtaddressed the issue of deduction ofestimated antidumping duties undersection 772(d)(2)(A). The court citedwith approval the Department’s policyof not allowing estimated antidumpingduties, based upon past margins, to alterthe calculation of present margins. Thecourt explained ‘‘[i]f deposits ofestimated antidumping duties enteredinto the calculation of present dumpingmargins, then those deposits wouldwork to open up a margin where noneotherwise exists.’’ Id. At 737.

Petitioners argue at length that theDepartment should not distinguishbetween purchase price and ESPtransactions in deducting antidumpingduties. However, because theDepartment does not deduct estimatedantidumping duties from anytransaction, this argument is inapposite.

The Department agrees withpetitioners that statements made in theURAA are not relevant in this review,which is being conducted under pre-URAA law.

Comment 13: Petitioners state that theDepartment’s calculation of Total Costof Manufacture (TOTCOM) and TotalCost of Production (TOTCOP) isincorrect as a result of a clerical error

and affects the cost test and theallocation of profit.

Respondent agrees with petitionersthat certain clerical errors were maderegarding TOTCOM. Respondent alsoclaims that the Department made anerror in calculating BHP’s general andadministrative expense.

Department’s Position: We agree withpetitioners. For the final results, theDepartment will correct the calculationof TOTCOM, thereby correcting thecalculation of TOTCOP in section 1 ofthe margin calculation program. Inaddition, we agree with respondent andthe Department will correct its error incalculating BHP’s general andadministrative expense.

Comment 14: Petitioners state that thedefinition of TOTCOP inadvertentlyomits the packing costs incurred atSCPD on sales shipped to BHP’s steelservice centers throughout Australia.Respondent agrees with petitioners.

Department’s Position: We agree. Forthe final results, the Department willincorporate packing costs incurred atSCPD into its calculation of TOTCOP insection 1 of the margin calculationprogram.

Comment 15: Petitioners note thatBuilding Products and Trading reportedthe quantities of their sales in terms ofshort tons, while Coated claimed that itreported its sales in pounds. Petitionersstate that the Department attempted toplace all U.S. sales on the same weightbasis by dividing Coated’s reportedweight by 2000 (lbs/ton). However,petitioners allege the Departmentmistakenly applied the computer codeto Trading’s sales instead of Coated’ssales. In addition, petitioners state thatCoated appears to have actuallyreported its quantities in short tons, notin pounds.

Department’s Position: We agree.Coated did report its sales on a short tonbasis. Therefore, we will correct ourerror in the margin calculation programbecause there is no need to adjustCoated’s sales to place all U.S. sales onthe same weight basis.

Comment 16: Petitioners state that theDepartment must put the home marketCOP and the U.S. further manufacturingcosts on the same weight basis in orderto arrive at an accurate allocation ofprofit on further manufactured sales.Petitioners note that BHP reported homemarket cost on a metric ton basis, whileU.S. further manufacturing costs werereported on a per short ton basis.

Department’s Position: We agree. Forthe final results, the Department willconvert U.S. further manufacturing coststo a metric ton basis when calculatingfurther manufacturing costs.


Comment 17: Petitioners state that theDepartment incorrectly multiplied theU.S. warranty expenses by the exchangerate on Trading’s U.S. sales twice.

Department’s Position: We agree. Forthe final results, the Department willcorrect the margin calculation program.

Comment 18: Petitioners state that theDepartment mistakenly added threeincorrect programming lines to itsstandard margin calculation programwhich is simply a ministerial error.However, petitioners note that themiddle line should be kept and insertedat different places in the program.

Respondent asserts that theDepartment’s apportionment of U.S.selling expenses to U.S. sales in thecomputer lines in question are correct.However, to avoid double-counting U.S.selling expenses, direct and indirect, itis necessary to apply a ratio whichcounts only the expenses which havenot already been deducted as U.S.further manufacturing G&A costs.

Department’s Position: We agree withpetitioners that the Department in itspreliminary results inadvertentlyincluded this language in its computerprogram. However, we disagree with thepetitioners that the Department shouldkeep the middle line in order toproperly calculate the home marketindirect selling expense cap. For thefinal results, the Department will dropthese three lines from its computerprogram. The program as writtenapplies a ratio of U.S. selling (direct andindirect) expenses, where appropriate,to the ESP cap and offset section of ourprogramming. The program will not bedouble-counting thoses U.S. sellingexpenses which BHP reported for ESPtransactions with further manufacturingcosts. For a full discussion of how wetreated these specific programmingchanges in this review, see the FinalAnalysis Memorandum for this review,which is on file in room B–099 of themain building of the CommerceDepartment.

Comment 19: Petitioners state that theU.S. packing costs for all furthermanufactured sales are reported in U.S.dollars per short ton. However, theprogram incorrectly multiplies theseU.S. dollar amounts by the exchangerate in calculating Foreign Unit Price inDollars (FUPDOL).

Department’s Position: We agree. Forthe final results, the Department willcorrect section 2 of the margincalculation program and will notmultiply the U.S. packing costs by theexchange rate when calculatingFUPDOL.

Comment 20: Petitioners state that inthe preliminary results the Departmentapplied BIA to sales from Building

Products that had missing customercodes and customer level of tradeinformation. Petitioners argue that theDepartment should apply the higher ofeither the margin from the investigation,or highest non-aberrant margin to thesesales.

Department’s Position: For certainsales, Building Products did not reportcustomer level of trade and customercode in its database. Therefore, we wereunable to match these sales to the homemarket database in the preliminaryresults, and we applied the finalweighted-average margin from the lessthan fair value (LTFV) investigation asBIA. However, for the final results, inaccordance with AFBs and Departmentpractice we are using the highestweighted-average margin from thisreview for these sales.

Final Results of ReviewAs a result of this review, we have

determined that the following marginexists for the period February 2, 1993,through July 31, 1994:

Manufacturer/Exporter Margin(percent)

BHP ............................................... 39.11

The Department shall determine, andthe U.S. Customs Service shall assess,antidumping duties on all appropriateentries. The Department shall issueappraisement instructions directly tothe Customs Service.

Furthermore, the following depositrequirements shall be effective, uponpublication of this notice of final resultsof administrative review, for allshipments of the subject merchandisefrom Australia that are entered, orwithdrawn from warehouse, forconsumption on or after the publicationdate, as provided for by section751(a)(1) of the Tariff Act: (1) the cashdeposit rate for BHP will be the rateestablished above; (2) for previouslyinvestigated companies not listed above,the cash deposit rate will continue to bethe company-specific rate published forthe most recent period; (3) if theexporter is not a firm covered in thisreview, or the original investigation, butthe manufacturer is, the cash depositrate will be the rate established for themost recent period for the manufacturerof the merchandise; and (4) the cashdeposit rate for all other manufacturersor exporters will continue to be 24.96percent, the all others rate established inthe final results of the less than fairvalue investigation (58 FR 44161,August 19, 1993).

The deposit requirements, whenimposed, shall remain in effect until

publication of the final results of thenext administrative review.

This notice serves as a final reminderto importers of their responsibilityunder 19 CFR 353.26 to file a certificateregarding the reimbursement ofantidumping duties prior to liquidationof the relevant entries during thisreview period. Failure to comply withthis requirement could result in theSecretary’s presumption thatreimbursement of antidumping dutiesoccurred and the subsequent assessmentof double antidumping duties.

This notice serves as the onlyreminder to parties subject toadministrative protective order (APO) oftheir responsibility concerning thedisposition of proprietary informationdisclosed under APO in accordancewith section 353.34(d) of theDepartment’s regulations. Timelywritten notification of return/destruction of APO materials orconversion to judicial protective order ishereby requested. Failure to complywith the regulation and the terms of anAPO is a sanctionable violation.

This administrative review and noticeare in accordance with section 751(a)(1)of the Act (19 U.S.C. 1675(a)(1)) and 19CFR 353.22.

Dated: March 20, 1996.Susan G. Esserman,Assistant Secretary for ImportAdministration.[FR Doc. 96–7615 Filed 3–28–96; 8:45 am]BILLING CODE 3510–DS–P

[A–570–842]

Notice of Final Determination of Salesat Less Than Fair Value; PolyvinylAlcohol From the People’s Republic ofChina

AGENCY: Import Administration,International Trade Administration,Commerce.EFFECTIVE DATE: March 29, 1996.FOR FURTHER INFORMATION CONTACT:Everett Kelly or David J. Goldberger,Office of Antidumping Investigations,Import Administration, InternationalTrade Administration, U.S. Departmentof Commerce, 14th Street andConstitution Avenue, N.W.,Washington, D.C. 20230; telephone:(202) 482–4194 or (202) 482–4136,respectively.

Applicable Statute and Regulations

Unless otherwise indicated, allcitations to the statute are references tothe provisions effective January 1, 1995,the effective date of the amendmentsmade to the Tariff Act of 1930 (the Act)


by the Uruguay Rounds Agreements Act(URAA).

Final DeterminationAs explained in the memoranda from

the Assistant Secretary for ImportAdministration dated November 22,1995, and January 11, 1996, theDepartment of Commerce (theDepartment) has exercised its discretionto toll all deadlines for the duration ofthe partial shutdowns of the FederalGovernment from November 15 throughNovember 21, 1995, and December 16,1995, through January 6, 1996. Thus, thedeadline for the final determination inthis investigation has been extended by28 days, i.e., one day for each day (orpartial day) the Department was closed.As such, the deadline for this finaldetermination is no later than March 21,1996.

We determine that polyvinyl alcohol(PVA) from the People’s Republic ofChina (PRC) is being sold in the UnitedStates at less than fair value (LTFV), asprovided in section 735 of the Tariff Actof 1930, as amended (the Act). Theestimated margins are shown in the‘‘Suspension of Liquidation’’ section ofthis notice.

Case HistorySince the preliminary determination

on October 2, 1995 (60 FR 52647,October 10, 1995), the following eventshave occurred:

On October 13 and 17, 1995, GuangxiGITIC Import and Export Corporation(Guangxi), Guangxi Vinylon Plant(Guangxi Vinylon) and Sinopec SichuanVinylon Works (Sichuan), respectively,requested a postponement of the finaldetermination pursuant to 19 CFR353.20. The Department has determinedthat such requests contain an impliedrequest to extend the provisionalmeasures period, during whichliquidation is suspended, to six months(see Extension of Provisional Measuresmemorandum dated February 7, 1996).Accordingly, on October 19, 1995, theDepartment postponed the finaldetermination until February 22, 1996.(Postponement of Final AntidumpingDuty Determinations: Polyvinyl Alcoholfrom Japan, Taiwan, and the People’sRepublic of China 60 FR 54667, October25, 1995).

On November 3, 1995, Isolyser Co.,Inc. (Isolyser), an importer of the subjectmerchandise, entered an appearance inthis investigation, and submitted arequest for clarification to the scope ofthis investigation, to exclude PVA fiber.

On November 20, 1995, in response toconcerns of Isolyser, petitioner clarifiedthat the scope does not includepolyvinyl alcohol fiber.

In October and November, we verifiedthe respondents’ questionnaireresponses. Additional publicly availablepublished information (PAPI) onsurrogate values was submitted bypetitioner and respondents on January19, 1996. Petitioner, respondents, andIsolyser submitted case briefs onJanuary 30, 1996. Petitioner andrespondents filed rebuttal briefs onFebruary 6, 1996. A public hearing washeld on February 14, 1996.

Scope of Investigation

The merchandise under investigationis polyvinyl alcohol. Polyvinyl alcoholis a dry, white to cream-colored, water-soluble synthetic polymer. Excludedfrom this investigation are polyvinylalcohols covalently bonded withacetoacetylate, carboxylic acid, orsulfonic acid uniformly present on allpolymer chains in a concentration equalto or greater than two mole percent, andpolyvinyl alcohols covalently bondedwith silane uniformly present on allpolymer chains in a concentration equalto or greater than one-tenth of one molepercent. Polyvinyl alcohol in fiber formis not included in the scope of thisinvestigation.

The merchandise under investigationis currently classifiable undersubheading 3905.30.00 of theHarmonized Tariff Schedule of theUnited States (HTSUS). Although theHTSUS subheading is provided forconvenience and customs purposes, thewritten description of the merchandiseunder investigation is dispositive.

Period of Investigation

The period of investigation is October1, 1994, through March 31, 1995.

Separate Rates

As stated in our preliminarydetermination, the PRC is a non-marketeconomy (NME). Each of the respondingPRC exporters, Sichuan and Guangxi,has requested a separate, company-specific rate. According to bothrespondents’ business licenses, each is‘‘owned by all the people’’. As stated inthe Final Determination of Sales at Lessthan Fair Value: Silicon Carbide fromthe People’s Republic of China 59 FR22585, (May 2, 1994) (Silicon Carbide),and the Final Determination of Sales atLess than Fair Value: Furfuryl Alcoholfrom the People’s Republic of China 60FR 22545 (May 8, 1995) (FurfurylAlcohol), ownership of a company by allthe people does not, in itself, require theapplication of a single PRC-wide rate.Accordingly, both respondents areeligible for consideration for a separaterate.

To establish whether a firm issufficiently independent fromgovernment control to be entitled to aseparate rate, the Department analyzeseach exporting entity under a testarising out of the Final Determination ofSales at Less Than Fair Value: Sparklersfrom the People’s Republic of China 56FR 20588 (May 6, 1991) (Sparklers) andamplified in Silicon Carbide. Under theseparate rates criteria, the Departmentassigns separate rates in nonmarketeconomy cases only if respondents candemonstrate the absence of both de jureand de facto governmental control overexport activities.

1. Absence of De Jure ControlThe respondents have placed on the

administrative record a number ofdocuments to demonstrate absence of dejure control, including laws, regulationsand provisions enacted by the StateCouncil of the central government of thePRC. Respondents have also submitteddocuments which establish that PVA isnot included on the list of products thatmay be subject to central governmentexport constraints (Export Provisions).The Department has reviewed these andother enactments in prior cases and haspreviously determined that these lawsindicate that the responsibility formanaging state-owned enterprises hasbeen shifted from the government to theenterprise itself (See Silicon Carbideand Furfuryl Alcohol).

However, as stated in previous cases,there is some evidence that the PRCcentral government enactments have notbeen implemented uniformly amongdifferent sectors and/or jurisdictions inthe PRC (See Silicon Carbide andFurfuryl Alcohol). Therefore, theDepartment has determined that ananalysis of de facto control is critical indetermining whether respondents are,in fact, subject to a degree ofgovernmental control which wouldpreclude the Department from assigningseparate rates.

2. Absence of De Facto ControlThe Department typically considers

four factors in evaluating whether eachrespondent is subject to de factogovernmental control of its exportfunctions: (1) whether the export pricesare set by or subject to the approval ofa governmental authority; (2) whetherthe respondent has authority tonegotiate and sign contracts and otheragreements; (3) whether the respondenthas autonomy from the government inmaking decisions regarding theselection of management; and (4)whether the respondent retains theproceeds of its export sales and makesindependent decisions regarding


disposition of profits or financing oflosses (see Silicon Carbide and FurfurylAlcohol).

Each respondent has asserted thefollowing: (1) it establishes its ownexport prices; (2) it negotiates contracts,without guidance from anygovernmental entities or organizations;(3) it makes its own personneldecisions; and (4) it retains the proceedsof its export sales, uses profits accordingto its business needs and has theauthority to sell its assets and to obtainloans. In addition, respondents’questionnaire responses indicate thatcompany-specific pricing during thePOI does not suggest coordinationamong exporters. During verificationproceedings, Department officialsviewed such evidence as salesdocuments, company correspondence,and bank statements. This informationsupports a finding that there is a defacto absence of governmental control ofexport functions. Consequently, wehave determined that Sichuan andGuangxi have met the criteria for theapplication of separate rates (see, alsoComment 1 under Interested PartyComments section below).

Fair Value ComparisonsTo determine whether sales of PVA

from the PRC to the United States byGuangxi and Sichuan were made at lessthan fair value, we compared ExportPrice (EP) to the Normal Value (NV), asspecified in the ‘‘Export Price’’ and‘‘Normal Value’’ sections of this notice.

Export PriceFor both Guangxi and Sichuan, we

calculated EP in accordance withsection 772(a) of the Act, because thesubject merchandise was sold directly tothe first unaffiliated purchaser in theUnited States prior to importation andbecause constructed export price undersection 772(b) is not otherwisewarranted on the basis of the facts ofthis investigation.

Petitioner has claimed that certainU.S. customers of the respondents areaffiliated with respondents, pursuant tosection 771(33) of the Act, throughcommon PRC government control.However, there is no information on therecord that supports the claim that theU.S. customers are affiliated with thePRC government. Further, respondentshave been deemed free of governmentcontrol. Therefore, we find no basis toconsider these customers as affiliatedwith respondents.

We calculated EP based on packed,FOB PRC port or CIF U.S. port prices tounaffiliated purchasers in the UnitedStates, as appropriate, based on thesame methodologies in the preliminary

determination with the followingexceptions:

We excluded all U.S. sales by Sichuanand Guangxi that were reported ashaving been made through third countryresellers, as we determined that, at thetime of sale, respondents were unawareof the final destination of the subjectmerchandise (see Comment 6). ForGuangxi, we valued ocean freight basedon the actual price paid for thisexpense, as we determined atverification that Guangxi used marketeconomy carriers and paid with marketeconomy currencies. We also includedin the final determination a sale byGuangxi that was excluded from ourpreliminary determination, because weverified that this sale was, in fact, madeduring the POI.

Normal ValueAs in our preliminary determination,

we are relying on India as the surrogatecountry in accordance with section773(c)(4) of the Act. Accordingly, wehave continued to calculate normalvalue (NV) using Indian prices for thePRC producers’ factors of production.We have obtained and relied onpublished, publicly-availableinformation wherever possible.

In accordance with section 773(c) ofthe Act, we calculated NV based onfactors of production reported bySichuan, and by Guangxi Vinylon,which produced the PVA for Guangxi.To calculate NV, the reported unit factorquantities were multiplied by Indianvalues. Except as noted below, weapplied surrogate values to the factors ofproduction in the same manner as inour preliminary determination. For acomplete discussion of surrogate values,see Valuation Memorandum, datedMarch 21, 1996. We then addedamounts for overhead, general expenses(including interest) and profit, based onthe experience of two Indian PVAproducers (see also Comment 3), andpacking expenses.

For both Sichuan and Guangxi, wehave corrected the affected factors ofconsumption to reflect verificationresults. For Sichuan, these revisionsinclude changes to PVA productionstage based on actual PVA productionlevels, rather than the standards of theindustry, (see Comment 8), and changesto the acetic acid consumption factors tonet out regained acetic acid. ForGuangxi, we revised calcium carbidefactors to reflect actual rather thanstandard consumption (see Comment 7).

All-Others RateThe Department requested the PRC

Ministry of Foreign Trade and EconomicCorporation (MOFTEC) to identify all

exporters of subject merchandise.MOFTEC identified two PRC companiesas the only known PRC exporters ofPVA to the United States during thePOI. Both of these identified exportershave responded in this investigation,and both were found to meet the criteriafor application of separate rates. Wecompared the respondents’ sales datawith U.S. import statistics for timeperiods including the POI, and found noindication of unreported sales, with thepossible exception of re-sales made bya third country reseller. This resellerwas not investigated as a respondent inthis proceeding because it was notidentified as a potential respondentuntil after the preliminarydetermination. All known PRCexporters responded to ourquestionnaires and qualified forseparate rates. We have no evidence thatthere are any other PRC exporters thatmay be subject to common governmentcontrol. Therefore, we have notcalculated a PRC-Wide rate in thisinvestigation. We have calculated an all-others rate in accordance with section735 (c)(5) of the Act.

VerificationAs provided in section 776(b) of the

Act, we verified the informationsubmitted by respondents for use in ourfinal determination. We used standardverification procedures, includingexamination of relevant accounting andproduction records and original sourcedocuments provided by respondents.

Interested Party Comments

Comment 1: Separate Rate for SichuanVinylon

Petitioner states that Sichuan did notdemonstrate the absence of de jure or defacto governmental control and thusshould not be granted a separate rate.Petitioner claims the Department foundevidence at verification to indicate arelationship between Sichuan andChina National PetrochemicalCorporation (Sinopec), which petitioneridentifies as a state-owned petroleumcompany. According to the petitioner,as Sichuan is a subsidiary of Sinopec,the Department’s analysis of de jure andde facto governmental control shouldhave been at the Sinopec level. Further,petitioner contends that Sichuan’squestionnaire response should beconsidered incomplete and incorrect,since it did not disclose its businessrelationship with Sinopec. Therefore,petitioner asserts that the Departmentshould rely on the facts available forcalculating a margin for Sichuan,Sinopec and all other PRC entitiesexcept Guangxi.


Sichuan argues that, at the outset ofthis investigation, it fully disclosed itspast relationship with Sinopec. Sichuanargues that, under recent PRC law,Sichuan is an independent legal personwith its own management and is notrelated to any level of government or toSinopec. Additionally, Sichuan statesthat, in past cases, the Departmentrecognized the 1988 laws and the 1992regulations as sufficient evidence of theabsence of de jure government control.Further, Sichuan asserts thatverification revealed no evidence ofaffiliation with Sinopec or de factogovernmental control. Additionally,Sichuan contends that the nameSinopec is attached to Sichuan VinylonWorks only as a trademark used forinternational business recognition, apractice used by other PRC companies,and not as an indication of a continuedbusiness relationship.

DOC Position

We have calculated a separate marginrate for Sichuan. All evidence on therecord supports Sichuan’s assertion thatthere is no current relationship betweenSichuan and Sinopec. Accordingly,examination of whether Sinopec wassubject to government control was notnecessary in considering whether togive Sichuan a separate rate. Atverification, we reviewed a wide varietyof sales documents including contracts,invoices, records of payments, andcorrespondence and found that Sichuanacted independently from Sinopec andany other entities in its day to daybusiness activities. We found thatSichuan officials made all decisionsregarding sales pricing and contracting,appointment of management personnel,and disposition of profits, and that thesedecisions were neither reviewed norapproved by Sinopec or any otherentity. Accordingly, we determine thatSichuan has satisfactorily met theDepartment’s criteria for showing anabsence of de jure and de factogovernmental control.

Comment 2: Separate Like Product forCertain PVA Grades

Isolyser, an importer of the subjectmerchandise, asserts that PVAhydrolyzed at a level of 98% should beconsidered a separate domestic likeproduct. Thus, Isolyser contends thatthe Department should calculate aseparate antidumping margin for PVAwith a hydrolysis level of at least 98%in order for the International TradeCommission (ITC) to analyze themagnitude of the domestic margin onthe domestic producers for each specificlike product.

DOC Position

There is no evidence on the record toshow that PVA hydrolyzed at a 98%level has physical characteristics anduses different from the subjectmerchandise for separate considerationas a domestic like product pursuant tosection 771(10) of the Act. Therefore, weare rejecting Isolyser’s request.

Comment 3: Application of FactoryOverhead

Petitioner claims that the Departmentunderstated NV for both Sichuan andGuangxi in the preliminarydetermination by applying factoryoverhead only at the final stage ofproduction, rather than to the upstreamstages of the vertically integratedproduction processes. Petitioner arguesthat both respondents incur overheadcosts throughout the productionprocess, rather than simply at the finalstage, because both are involved inprocessing and producing many of theinputs used in PVA production.Petitioner contends that the Indian PVAmanufacturers are not as verticallyintegrated as the PRC respondents andthus the factory overhead percentagederived from the Indian companies’financial statements does not fullycapture the factory overhead incurredby the PRC producers. In order to fullyaccount for the overhead incurred,petitioners claim that an appropriatesurrogate factory overhead percentagemust be applied to both respondents ateach upstream stage of production.

Sichuan and Guangxi argue that iffactory overhead were applied to eachstage of production, the Departmentwould engage in ‘‘double counting.’’Each respondent states that itsproduction processes are continuousand although overhead costs areincurred throughout, by applying theoverhead percentage to the factors ofproduction at the final stage, theDepartment captures the total overheadcost for the entire production process.

DOC Position

We disagree with the petitioner. Ouranalysis of the information on therecord, including the financialstatements of the Indian PVA producers,does not support the assumptions madeby petitioner regarding the level ofvertical integration of the Indiansurrogate PVA producers. There is noevidence on the record to indicate thatthe Indian producers are any lessvertically integrated than the PRC PVAproducers.

To support its claim, petitioner statesthat the Indian producers must purchasesuch inputs as acetylene gas, oxygen,

nitrogen, and treated water, while thePRC producers manufacture or processthese materials themselves. However,the Indian financial statements stateonly that the Indian producers consumesuch inputs, but contain no informationas to whether or not such consumptionis derived from internal manufacture oroutside manufacture. Further analysis ofthese documents indicates that theIndian producers have considerableinvestment in PVA production facilities.Such investment may, in fact, representvertical integration at the same level orclose to that of the PRC producers.

There is no basis to assume thatapplying factory overhead percentageonce, at the final stage of production ofthe PRC producers, undervalues factoryoverhead. By applying the factoryoverhead to the final stage of productionwe have captured all appropriate factoryoverhead expenses incurred in themanufacture of PVA. Therefore, we havecontinued our preliminarydetermination methodology forcalculating overhead expenses.

Comment 4: Surrogate Value Source forFactory Overhead, General Expensesand Profit

Petitioner contends that theDepartment should continue to rely onthe Annual Report of VAM OrganicChemicals Ltd. (VAM Organic), anIndian producer of VAM and PVA, asthe sole source to calculate factoryoverhead, general expenses, and profit.Petitioner argues that VAM Organicproduces mostly VAM and PVA, and itsexperience is the most comparableamong available sources to that of thePRC producers. Petitioner argues furtherthat the VAM Organic report is morerepresentative of the PRC industryexperience than the financial statementof a second Indian producer, PolychemLimited (Polychem), because PVArelated production is a relatively smallerpart of Polychem’s business. If,however, the Department were toconsider using both VAM Organic andPolychem data, petitioner contends thatthe data should be weight-averagedbased on the production of VAM andPVA at each company.

Sichuan contends that the surrogatevalue used for factory overhead, generalexpenses and profit should be based onthe experience of India’s chemicalindustry as a whole, using aggregatedata compiled by the Reserve Bank ofIndia (RBI), as applied in pastDepartment cases (see, e.g., Saccharin).Sichuan contends that this data is morerepresentative than the data from VAMOrganic, which Sichuan claims isaberrational. Sichuan’s next preferredmethodology is to base these surrogate


values on Polychem’s experience asPolychem’s total PVA sales and VAMsales are greater than the total sales ofVAM Organic’s PVA and VAM sales,and thus Polychem’s experience is morerepresentative of the Indian experience.Finally, Sichuan contends that if theDepartment chooses to use both VAMOrganic and Polychem data, the datashould be weight-averaged based oneach company’s total sales volume ofPVA.

DOC Position

For valuing such factors as factoryoverhead, general and administrativeexpenses and profit, the Departmentseeks to base surrogate values onindustry experience closest to theproduct under investigation. In thiscase, we have information from twoproducers of the subject merchandise.Thus, there is no need to rely on theexperience of the chemical industry asa whole. Between the two Indianproducers, we found no significantdifference in the quality andrepresentativeness of the data containedin the financial statements. Thus wefind both Polychem and VAM Organicto be equally representative of the PVAindustry in India. Because there isnothing in this case to indicate that onefactor (i.e. sales volume or productionvolume) is more important than theother in valuing factory overhead,general and administrative expensesand profit, we determine that weight-averaging the data from both companieson the basis of either factor isinappropriate. Accordingly, we haveweighted the data equally between eachcompany and calculated factoryoverhead, general and administrativeexpenses and profit percentages using asimple average of the percentagesderived from each producer, andapplied these percentages to the factorsof production.

Comment 5: Classification of CertainLabor and Overhead Expenses

Petitioner states that the Departmentshould follow the methodology outlinedin Final Determination of Sales at Lessthan Fair Value: Manganese Metal fromthe People’s Republic of China (60 FR56045, November 6, 1995) (ManganeseMetal), where the Departmentdetermined that the surrogate value forlabor did not include contributions tothe provident fund and employeewelfare expenses and thus thesecontributions and expenses were addedto the factory overhead calculation.Petitioner also contends that the dataused to derive the value for overheadshould be re-allocated to properly

include research and developmentexpenses.

Sichuan and Guangxi argue that theDepartment’s past practice has been toinclude provident fund and employeewelfare expenses as components of totallabor cost (see, e.g. Saccharin) and notas part of overhead expenses. Sichuanstates that the example in ManganeseMetal was an aberration and should notbe a precedent for this investigation.Sichuan asserts that the InternationalLabor Organization (ILO) data, used bythe Department in the preliminarydetermination, is fully loaded to includeemployee benefits such as providentfund contributions and employeewelfare expenses. In addition, Sichuanargues that there is insufficient evidenceto support petitioner’s re-allocation ofresearch and development in the factoryoverhead calculation. Sichuanmaintains that if VAM Organic data isused, no adjustment for research anddevelopment is warranted.

DOC Position

We agree with Sichuan. As in thecases cited by Sichuan, we consider theILO statistics to be fully loaded withrespect to all labor expenses,incorporating such costs ascontributions to the provident fund andemployee welfare expenses. In contrast,the labor value used in ManganeseMetal was from a different source, anddid not include these expenses. We alsoagree there is insufficient evidence tosupport petitioner’s assumptions forbasing re-allocation of research anddevelopment expenses.

Comment 6: Sales to Non-PRC TradingCompany

Petitioner contends that at the time ofsale, Sichuan and Guangxi wereunaware of the final destination forsales made to a third country tradingcompany. Petitioner states these salesshould be excluded from the calculationof the PRC producer’s export price andassigned an antidumping rate separatefrom that of the respondents.

While Sichuan states the exclusion ofthese sales would have minimal effecton the final margin calculations,Sichuan states it knew at the time ofsale that the sales to the tradingcompany were destined to the UnitedStates. Sichuan contends that it hadnumerous sales documents that wouldhave supported its claim that it knew atthe time of sale the final destination ofthe sales made to trading companies.Guangxi agrees that it did not know thefinal destination of the sales madethrough the trading companies.

DOC PositionWe reviewed numerous sales

documents at the verification of Sichuanand in no instance did we find that atthe time of sale, Sichuan knew or hadany reason to believe the destination ofthe subject merchandise was the UnitedStates. There is no further informationon the record that supports Sichuan’sclaim that, at the time of sale, it knewthe destination of the subjectmerchandise. Although each respondentmay have had some indication of thedestination prior to the time ofshipment, all of the sales documentsreviewed at each company showed noinformation identifying the UnitedStates as the ultimate destination of thesubject merchandise. We have thereforeexcluded the trading company salesfrom each company’s margincalculation.

Comment 7: Guangxi Vinylon Reportingof Calcium Carbide Factor

Petitioner argues the Departmentshould revise Guangxi’s reportedcalcium carbide factors based oninformation discovered at verification,which revealed that Guangxi Vinylonhad reported this factor based on anindustrial standard, rather than theactual consumption of calcium carbidefor PVA production.

Guangxi argues that it reported itscalcium carbide factor consumptionconsistent with the legally required PRCindustry standard for production of PVAand its production accounting system.

DOC PositionWe agree with the petitioner. We have

revised the calcium carbideconsumption factors to reflect actualconsumption, based on informationdiscovered at verification. Actualconsumption in a production process ismore accurate than a standard figure.

Comment 8: Sichuan Reporting of PVAProduction

Petitioner claims that the Departmentshould reject as new informationverification findings that Sichuan’sreported concentration percentage ofPVA used to calculate consumptionfactors of inputs used at the PVAproduction stage was inaccurate.Additionally, petitioner argues thatSichuan has not demonstrated that suchan adjustment is appropriate.

Sichuan argues it provided numeroussubmissions and complete accurate andtimely responses to the Department.Further, Sichuan states the Departmentwas able to verify, within the timespecified, the completeness of thisfactual information. Therefore, Sichuanargues that the Department should use


the verified evidence on record tocalculate an antidumping margin forSichuan.

DOC PositionThe information discovered at

verification, regarding the concentrationpercentages of PVA production,represents a relatively minor correctionof data already provided by Sichuan,rather than new information notpreviously provided. Moreover, we findthat using the actual concentrationpercentages of PVA production willyield more accurate results. Therefore,we have revised affected input factorsbased on the actual PVA productiondata.

Comment 9: Surrogate Value forElectricity

Petitioner argues that the Departmentshould use data on electricity pricesissued by the Centre for Monitoring theIndian Economy (CMIE), from March 1,1995, for the electricity surrogate value.In applying the rates, petitioner suggeststhe surrogate value should be calculatedas the weighted-average of rates fromthe Indian states where the Indianchemical industry is located.

Sichuan and Guangxi argue that theelectricity prices submitted by thepetitioner are effective beginning withthe last month of the POI, while all oftheir PVA production during the POIoccurred earlier. Therefore, they claimthat the petitioners proposed value isinappropriate for use as a surrogatevalue because it reflects prices in effectsubsequent to their PVA production.Sichuan suggests that the Departmentuse either data on an electricity rate forIndia issued by the International EnergyAgency (IEA), or the CMIE value fromJune 1994 used in the preliminarydetermination. Sichuan contends thatthe IEA figure, when adjusted to thePOI, is an appropriate measure of thecost of electricity.

DOC PositionWe agree in part with the petitioner

that the March 1995 CMIE data is themost contemporaneous value relative tothe POI and is the appropriate source forderiving the electricity surrogate value.Petitioners and respondents are bothincorrect in stating that these rates are‘‘effective’’ on March 1, 1995. Rather,the source shows that these were therates ‘‘as of’’ March 1, 1995, and thusrepresent Indian price levelscontemporaneous with the POI.However, we disagree with thepetitioner’s weighted averagemethodology. There is insufficient basisto assume that the electricity rates fromthe Indian states selected by petitioner

are more appropriate for surrogate valuethan electricity rates in other states.Other factors beside chemicalproduction levels, such as methods ofgeneration and transmission as well asoverall demand, are determinants ofprice. Since there is not sufficientinformation on the record to weigh theappropriateness of using one Indianstate’s electricity rates over those inanother, we have based the surrogatevalue on the simple average of all Indianstate rates found in the 1995 CMIEsource.

Comment 10: Surrogate Value forNatural Gas

Petitioner contends that theDepartment should use the data onnatural gas costs derived from 1994–1995 Gujarat Narmada Valley FertilizerCo. Ltd (Gujarat) Annual Report as asurrogate for valuing natural gas becausethis value reflects the actual POI cost toan Indian chemical producer of thisinput.

Sichuan maintains that the valuesubmitted by petitioner is notsufficiently representative of Indianprices as it is taken from a single Indiancompany’s experience. Sichuansupports the use of an India-wide pricerate obtained for 1994–1995 fromHydrocarbon Perspective: 2010, as usedin the preliminary determination.

DOC Position

We agree with Sichuan and have useda rate obtained from HydrocarbonPerspective: 2010 as the surrogate valuefor natural gas. In determining the mostappropriate surrogate value to apply toan input factor, the Departmentconsiders such elements as thespecificity of the value as compared tothe factor used, the contemporaneity ofthe value with respect to the POI, andthe representativeness of the value forthe industry in the surrogate country. Inthis instance, both values are equallyspecific with respect to the natural gasinput, and equally contemporaneouswith respect to the POI. For this factor,we consider the HydrocarbonPerspective: 2010 value to be morerepresentative than a value from anannual report of a single company.

Comment 11: Surrogate Value for Coal

Petitioner states that the Departmentshould use a surrogate value for steamcoal derived from the annual report ofSukhjit Starch & Chemical Ltd (Sukhjit),an Indian chemical manufacturer.Petitioner contends that this value isspecifically for steam coal, an inputused by the respondents, and the valueis contemporaneous with the POI.

Sichuan contends that the Departmentshould derive a surrogate value forsteam coal using average numbers forthe Indian chemical industry as a wholerather than use a price quote fromspecific companies whose primaryproduction is not PVA.

DOC Position

We valued steam coal inputs using anaverage price derived from the Sukhjitannual report and the 1994–95 annualreport for Gujarat report, identified inComment 10, which also is on therecord. Both of these sources are equallycontemporaneous with the POI and arepublicly available. Although thefertilizer company’s annual report doesnot specifically classify the coalconsumed as ‘‘steam coal’’, it is clearfrom its inclusion in a table relating topower and fuel consumption that thecoal consumed is for generating steam,and thus can be considered steam coal.Therefore both values are equallyspecific with regard to the input. As wehave no basis to determine that one ofthese sources is superior to the other,we have weighted them equally incalculating a surrogate value.

We agree with Sichuan that wheresurrogate values cannot be based on theexperiences of Indian producers ofsubject merchandise, a surrogate valuebased on a broader sample of Indianexperience would be preferable, whereall other relevant factors are equal.However, we consider thecontemporaneity to the POI of the twoannual reports to be more important forvaluing this factor. While Sukjhit andGujarat are not producers of PVA, we donot consider that fact to be relevant forconsidering surrogate values ofcommodity inputs such as coal, wherethe prices from PAPI typically representthe overall price level for that input inthe surrogate country. Further, incomparing the average of the twocompanies to other, non-contemporaneous values on the record,we find that our average is reasonablycomparable with respect to the otherinflation-adjusted coal values, includingthose derived from the annual reports ofthe Indian PVA producers.

Comment 12: Sichuan Indirect LaborFactors

Petitioner claims that Sichuansignificantly underreported its indirectlabor cost by reporting indirect laboronly for the final stage of the productionprocess. Petitioner contends that theDepartment must apply a value forindirect labor to all upstreamproduction stages, as in ManganeseMetal.


Sichuan contends that it reported, andthe Department verified, all of itsindirect labor factors and no furtheradjustment is warranted.

DOC PositionWe agree with Sichuan. We verified

Sichuan’s indirect labor reporting andfound no basis to add additional factorsfor this input. Petitioner’s reliance onthe Manganese Metal case is misplaced.In Manganese Metal, the respondent didnot report any separate factors forindirect labor, and the factory overheadvalue did not include indirect laborfactors. Thus, an adjustment waswarranted. In this case, both Sichuanand Guangxi reported all indirect laborfactors and no further accounting forthis input is needed.

Comment 13: Valuation of GuangxiVinylon’s Water Consumption

Petitioner argues that GuangxiVinylon’s water factor should beconsidered as a direct manufacturingcost. Petitioner states that Guangxi’swater factor is distinguishable from theDepartment’s treatment of water in pastcases. Petitioner argues that, in pastcases, water was considered anoverhead item, since there was noinformation in the Reserve Bank of IndiaBulletin data to indicate otherwise. Inthis case, petitioner contends that wateris a direct manufacturing cost ofproducing PVA. Further, Petitionerargues that the Indian producers of PVAtreat water as a component of power andfuel, thus identifying water as a directmanufacturing cost. Therefore, watershould be calculated separately fromfactory overhead.

Guangxi Vinylon states that theDepartment’s treatment of water as afactory overhead item is consistent withpast practice (see, e.g. Saccharin) andshould continue in this investigation.

DOC PositionWe agree with Guangxi Vinylon.

There is no information on the recordthat supports petitioners claim thatwater must be treated as a directmanufacturing cost. Consistent with ourpractice in such cases as Saccharin,which involved a chemical product andrelied on a similar type of factoryoverhead data, we have consideredGuangxi’s Vinylon’s water consumptionfactor to be part of factory overhead.

Continuation of Suspension ofLiquidation

For Sichuan, we calculated a zeromargin. Consistent the with Notice ofFinal Determination of Sales at LessThan Fair Value: Certain Cased Pencilsfrom the People’s Republic of China (59

FR 55625, November 8, 1994),merchandise that is sold by Sichuan butmanufactured by other producers willnot receive the zero margin. Instead,such entries will be subject to the ‘‘All-Others’’ rate.

In accordance with section 733(d)(1)and 735(c)(4)(B) of the Act, we aredirecting the Customs Service tocontinue to suspend liquidation of allentries of polyvinyl alcohol (exceptthose entries that represent U.S. sales bySichuan of PVA that Sichuan hasmanufactured) from the PRC, that areentered, or withdrawn from warehousefor consumption, on or after the date ofpublication of this notice in the FederalRegister. The Customs Service shallrequire a cash deposit or posting of abond equal to the estimated amount bywhich the normal value exceeds theexport price as shown below. Thesesuspension of liquidation instructionswill remain in effect until April 7, 1996.

The weighted-average dumpingmargins are as follows:

Manufacturer/Producer/Exporter

Weight-ed-aver-age mar-gin per-centage

Guangxi GITIC Import and ExportCorp ........................................... 116.75

Sichuan Vinylon Works ................. 0.00All-Others Rate ............................. 116.75

The All-Others rate applies to all entriesof subject merchandise except forentries from Guangxi and entries ofmerchandise manufactured by Sichuan.

ITC Notification

In accordance with section 735(d) ofthe Act, we have notified the ITC of ourdetermination. As our finaldetermination is affirmative, the ITCwill, within 45 days, determine whetherthese imports are materially injuring, orthreaten material injury to, the U.S.industry. If the ITC determines thatmaterial injury, or threat of materialinjury does not exist, the proceedingwill be terminated and all securitiesposted will be refunded or canceled. Ifthe ITC determines that such injurydoes exist, the Department will issue anantidumping duty order directingCustoms officials to assess antidumpingduties on all imports of the subjectmerchandise entered for consumptionon or after the effective date of thesuspension of liquidation.

This determination is publishedpursuant to section 735(d) of the Act.


[A–588–836]

Notice of Final Determination of Salesat Less Than Fair Value; PolyvinylAlcohol From Japan

AGENCY: Import Administration,International Trade Administration,Commerce.EFFECTIVE DATE: March 29, 1996.FOR FURTHER INFORMATION CONTACT:Ellen Grebasch or Erik Warga, Office ofAntidumping Investigations, ImportAdministration, International TradeAdministration, U.S. Department ofCommerce, 14th Street and ConstitutionAvenue NW., Washington, D.C. 20230;telephone: (202) 482–3773 or (202) 482–0922, respectively.

The Applicable Statute

Unless otherwise indicated, allcitations to the statute are references tothe provisions effective January 1, 1995,the effective date of the amendmentsmade to the Tariff Act of 1930 (the Act)by the Uruguay Round Agreements Act(URAA).

Final Determination

As explained in the memoranda fromthe Assistant Secretary for ImportAdministration dated November 22,1995, and January 11, 1996, theDepartment of Commerce (theDepartment) has exercised its discretionto toll all deadlines for the duration ofthe partial shutdowns of the FederalGovernment from November 15 throughNovember 21, 1995, and December 16,1995, through January 6, 1996. Thus, thedeadline for the final determination inthis investigation has been extended by28 days, i.e., one day for each day (orpartial day) the Department was closed.As such, the deadline for this finaldetermination is no later than March 21,1996.

We determine that polyvinyl alcohol(PVA) from Japan is being sold in theUnited States at less than fair value(LTFV), as provided in section 735 ofthe Tariff Act of 1930, as amended (theAct). The estimated margins are shownin the ‘‘Suspension of Liquidation’’section of this notice.

Case History

Since the preliminary determinationof sales at less than fair value in thisinvestigation on October 2, 1995, (60 FR


52651, October 10, 1995), the followingevents have occurred:

On October 17, 1995, respondent,Kuraray Co., Ltd. requested that thefinal determination be postponed untilMarch 21, 1996. The Department hasdetermined that such requests containan implied request to extend theprovisional measures period, duringwhich liquidation is suspended, to sixmonths (see, Extension of ProvisionalMeasures memorandum dated February7, 1996).

On November 20, 1995, the petitioner,Air Products and Chemicals, Inc.,clarified its position that polyvinylalcohol fiber was not intended to bewithin the scope of this investigation.

On February 2, 1996, respondent,Kuraray Co., expressly requestedextension of the four month provisionalmeasures period.

No hearing was requested or held, andno party filed a case brief.

Scope of InvestigationThe merchandise under investigation

is polyvinyl alcohol. Polyvinyl alcoholis a dry, white to cream-colored, water-soluble synthetic polymer. This productconsists of polyvinyl alcoholshydrolyzed in excess of 85 percent,whether or not mixed or diluted withdefoamer or boric acid. Excluded fromthis investigation are polyvinyl alcoholscovalently bonded with acetoacetylate,carboxylic acid, or sulfonic aciduniformly present on all polymer chainsin a concentration equal to or greaterthan two mole percent, or polyvinylalcohols covalently bonded with silaneuniformly present on all polymer chainsin a concentration equal to or greaterthan one-tenth of one mole percent.Polyvinyl alcohol in fiber form is notincluded in the scope of thisinvestigation.


Period of InvestigationThe period of investigation (POI) is

April 1, 1994, through March 31, 1995.

Facts AvailableFor reasons discussed in the

preliminary determination, theDepartment has, pursuant to section 776of the Act, used the facts available. Asdiscussed in the preliminarydetermination, the Department used asthe facts available the margin in the

petition. For a discussion of the reasonsfor application of the facts available,and the selection of the petition marginas the facts available, see Notice ofPreliminary Determination of Sales atLess Than Fair Value: Polyvinyl Alcoholfrom Japan, 60 FR 52649, 52650(October 10, 1995). The Department hasnot received any comments since thepreliminary determination on itsapplication of facts available.

Fair Value ComparisonsAs noted above, as in our preliminary

determination, this final determinationhas been made using the margin in thepetition as the facts available.

All-Others RateUnder section 735(c)(5) of the Act, the

‘‘all-others rate’’ will normally be aweighted average of the weighted-average dumping margins establishedfor all exporters and producers, butexcluding any zero or de minimismargins, or any margins based entirelyon the facts available. However, thisprovision also states that if all weighted-average margins are zero, de minimis, orbased on the facts available, theDepartment may use other reasonablemethods to calculate the all-others rate,including a weighted-average of suchmargins. In this case, as discussedabove, the margin assigned to allcompanies is 77.49 percent, based onthe facts available. Therefore, also basedon the facts available, the Departmentdetermines the all-others rate to be77.49 percent.


In accordance with section 733(d) ofthe Act, we are directing the CustomsService to continue to suspendliquidation of all entries of polyvinylalcohol from Japan, that are entered, orwithdrawn from warehouse forconsumption, on or after October 10,1995, the date of publication of ourpreliminary determination in theFederal Register. The Customs Serviceshall require a cash deposit or postingof a bond equal to the estimated amountby which the normal value exceeds theexport price as shown below. Thesesuspension of liquidation instructionswill remain in effect until April 7, 1996,in accordance with section 733(d) of theAct.

The dumping margins are as follows:

Exporter/ManufacturerMargin

percent-age

Kuraray ........................................... 77.49Nippon Goshei ................................ 77.49Unitika ............................................. 77.49

Exporter/ManufacturerMargin

percent-age

Shin-Etsu ........................................ 77.49All others ......................................... 77.49

The all others rate applies to allentries of subject merchandise exceptfor entries from exporters that areidentified above.

ITC NotificationIn accordance with section 735(d) of

the Act, we have notified the ITC of ourdetermination. As our finaldetermination is affirmative, the ITCwill within 45 days determine whetherthese imports are materially injuring, orthreaten material injury to, the U.S.industry. If the ITC determines thatmaterial injury, or threat of materialinjury does not exist, the proceedingwill be terminated and all securitiesposted will be refunded or canceled. Ifthe ITC determines that such injurydoes exist, the Department will issue anantidumping duty order directingCustoms officials to assess antidumpingduties on all imports of the subjectmerchandise entered, for consumptionon or after the effective date of thesuspension of liquidation.

This determination is publishedpursuant to section 735(d) of the Actand 19 CFR 353.20(a)(4).


[A–583–824]

Notice of Final Determination of Salesat Less Than Fair Value: PolyvinylAlcohol From Taiwan

AGENCY: Import Administration,International Trade Administration,Department of Commerce.EFFECTIVE DATE: March 29, 1996.FOR FURTHER INFORMATION CONTACT:Barbara Wojcik-Betancourt or David J.Goldberger, Office of AntidumpingInvestigations, Import Administration,International Trade Administration,U.S. Department of Commerce, 14thStreet and Constitution Avenue NW.,Washington, D.C. 20230; telephone:(202) 482–0629 or (202) 482–4136,respectively.THE APPLICABLE STATUTE: Unlessotherwise indicated, all citations to thestatute are references to the provisionseffective January 1, 1995, the effectivedate of the amendments made to the


Tariff Act of 1930 (the Act) by theUruguay Round Agreements Act(URAA).FINAL DETERMINATION: As explained inthe memoranda from the AssistantSecretary for Import Administrationdated November 22, 1995, and January11, 1996, the Department of Commerce(the Department) has exercised itsdiscretion to toll all deadlines for theduration of the partial shutdowns of theFederal Government from November 15through November 21, 1995, andDecember 16, 1995, through January 6,1996. Thus, the deadline for the finaldetermination in this investigation hasbeen extended by 28 days, i.e., one dayfor each day (or partial day) theDepartment was closed. As such, thedeadline for this final determination isno later than March 21, 1996.

We determine that polyvinyl alcohol(PVA) from Taiwan is being sold in theUnited States at less than fair value(LTFV), as provided in section 735 ofthe Act. The estimated margins areshown in the ‘‘Suspension ofLiquidation’’ section of this notice.

Case HistorySince the preliminary determination

of sales at less than fair value in thisinvestigation on October 2, 1995, (60 FR52651, October 10, 1995), the followingevents have occurred:

On October 10, 1995, Chang ChunPetrochemical Co., Ltd. (Chang Chun),the sole Taiwan producer of the subjectmerchandise, and the respondent in thisinvestigation, timely requested apostponement of the final determinationuntil not later than 135 days afterpublication of the preliminarydetermination in the Federal Register.The notice postponing the finaldetermination was published onOctober 25, 1995 (60 FR 54667). TheDepartment has determined that suchrequests contain an implied request toextend the provisional measures period,during which liquidation is suspended,to six months (see Extension ofProvisional Measures memorandumdated February 7, 1996.).

We conducted verification of ChangChun’s sales and cost questionnaireresponses in Taiwan during October.

On November 20, 1995, the petitioner,Air Products and Chemicals, Inc., statedthat polyvinyl alcohol fiber was notintended to be within the scope of thisinvestigation.

Monsanto Company (Monsanto), aparty to the proceeding in thisinvestigation, submitted comments onthe cost of production verificationreport on December 18, 1995. NationalStarch and Chemical Company, PerryChemical Corp., and Rhone-Poulenc,

importers of the subject merchandise,submitted comments on the salesverification report on January 11, 1996.

Chang Chun and the petitioner, AirProducts and Chemicals, Inc., submittedcase briefs on January 16, 1996, andrebuttal briefs on January 24, 1996.Monsanto also submitted a rebuttal briefon January 24, 1996. At the request ofboth the petitioner and Chang Chun, apublic hearing was held on February 26,1996.

Scope of InvestigationThe merchandise under investigation

is polyvinyl alcohol. Polyvinyl alcoholis a dry, white to cream-colored, water-soluble synthetic polymer. This productconsists of polyvinyl alcoholshydrolyzed in excess of 85 percent,whether or not mixed or diluted withdefoamer or boric acid. Excluded fromthis investigation are polyvinyl alcoholscovalently bonded with acetoacetylate,carboxylic acid, or sulfonic aciduniformly present on all polymer chainsin a concentration equal to or greaterthan two mole percent, and polyvinylalcohols covalently bonded with silaneuniformly present on all polymer chainsin a concentration equal to or greaterthan one-tenth of one mole percent.Polyvinyl alcohol in fiber form is notincluded in the scope of thisinvestigation.


Period of InvestigationThe period of investigation (POI) is

April 1, 1994, through March 31, 1995.

Product ComparisonsFor purposes of determining

appropriate product comparisons toU.S. sales, we compared identicalmerchandise, or where there were nosales of identical merchandise in thehome market to compare to U.S. sales,we made comparisons based on thecharacteristics listed in theDepartment’s antidumpingquestionnaire, as had been applied inthe preliminary determination, and inaccordance with section 771(16) of theAct.

In its case brief, petitioner claimedthat the Department should determinethat ‘‘targeted dumping’’ exists undersection 777A(d)(1)(B) because of apattern of export prices, whichpetitioner alleged differed significantly

across time. Pursuant to section777A(d)(1)(B), the Department maycompare weighted-average normalvalues (NV) to transaction-specificexport prices, if there is a pattern ofexport prices (EP) for comparablemerchandise that differ significantlyamong purchases, regions, or periods oftime (see section 777A(d)(1)(B)(i))(emphasis added) when thesedifferences cannot be taken into accountby using an average to average ortransaction to transaction comparison(see section 777A(d)(1)(B)(ii)). Petitionerrequested that the Department comparemonthly average NV to monthly EPaverages to alleviate the significant pricedistortions occurring in the homemarket at the end of the POI. Petitioner,however, failed to provide any evidenceor argument as to why the allegedpattern of export prices constitutetargeted dumping. Consequently, wehave rejected petitioner’s allegation oftargeted dumping. However, theDepartment has found significantdifferences over time in home marketpricing. Those differences have beentaken into account in price averaging.For discussion of the price averagingissue, see Comment 3 in the InterestedParty Comments section of this noticebelow.

Level of TradeAs set forth in section 773(a)(1)(B)(i)

of the Act and in the Statement ofAdministrative Action (SAA)accompanying the URAA, to the extentpracticable, the Department willcalculate normal values based on salesat the same level of trade as U.S. sales.

Pursuant to 773(a)(7)(A)(i), level oftrade involves the performance ofdifferent selling activities by theproducer/exporter. On September 22,1995, we sent Chang Chunsupplemental questions requesting thatChang Chun establish any claimedlevels of trade based on sellingfunctions performed and servicesoffered by Chang Chun to each customeror customer class, and to document andexplain any claims for a level of tradeadjustment. Chang Chun provided noadditional information regarding itsselling functions and continued to claimthat, pursuant to section 773(a)(7) (A)and (B), levels of trade are based oncustomer classification.

We examined the record evidence onthe selling functions performed byChang Chun on sales in each market andfound that Chang Chun provides nearlyall of the same or very similar sellingfunctions to all customers including:packing and freight services, warrantyclaims, advertising, technical services,and inventory maintenance. As a result,


we rejected the level of trade claimbecause, pursuant to section773(a)(7)(A)(i), differences in level oftrade must involve the performance ofdifferent selling activities by the seller(i.e. the respondent producer/exporter)(see Comment 4). Therefore, wedetermine that the selling functionsperformed among home market sales aresufficiently similar for us to considerthe home market to be one level oftrade.

For the U.S. market, Chang Chunreported payment of commissions oncertain U.S. sales. It reported, and weverified, that the commissions paid didnot reflect payments for any servicesprovided by the commissionaire. Apartfrom tolled sales, which are not used inour final determination (see Comment7), we also found that the sellingfunctions performed by the respondentin the U.S. are sufficiently similar for allsales for us to consider the U.S. marketto be one level of trade.

Fair Value Comparisons

In accordance with section 772(a) ofthe Act, to determine whether ChangChun’s sales of PVA to the United Stateswere made at less than fair value, weused EP because the subjectmerchandise was sold to the firstunaffiliated purchaser in the UnitedStates prior to importation and becauseconstructed export price (CEP) undersection 772(b) is not otherwisewarranted based on the facts of thisinvestigation.

Export Price

We calculated EP based on the samemethodology used in the preliminarydetermination. Furthermore, as in thepreliminary determination, we did notinclude tolled sales.

Normal Value

In accordance with section773(a)(1)(B) of the Act, we have basedNV on sales in Taiwan, or, whereappropriate, on constructed value (CV).We compared all home market sales tothe cost of production (COP), asdescribed below. Where home marketprices were above COP, we calculatedNV based on the same methodologyused in the preliminary determination,with the following exceptions: (1) werecalculated reported quantity discountsand special discounts on certain sales(see Comment 5); and (2) we made anadditional circumstance of saleadjustment for bank charges made oncertain U.S.sales, based on informationobtained at verification.

Cost of Production AnalysisAs discussed in the preliminary

determination notice, the Departmentconducted an investigation to determinewhether Chang Chun made homemarket sales during the POI at pricesbelow COP within the meaning ofsection 773(b) of the Act. Before makingany fair value comparisons, weconducted the COP analysis describedbelow.

A. Calculation of COPWe calculated the COP based on the

sum of Chang Chun’s cost of materialsand fabrication for the foreign likeproduct, plus amounts for home marketgeneral, and administrative expenses(G&A) and packing costs in accordancewith section 773(b)(3) of the Act. Werelied on the reported COP amountswith the following exceptions: (1) weallocated joint production costs to PVAand acetic acid (AA) based upon relativesales values (see comment 8); (2) weadjusted the reported cost ofmanufacturing (COM) to account for thedifference in the COM per Chang Chun’sinternal records examined at theverification; (3) we adjusted the COM toinclude PVA’s share of the differencebetween Chang Chun’s depreciationexpense for tax purposes (the amountthat Chang Chun reported in itsresponse to section D of ourquestionnaire), and its depreciationexpense for financial statementpurposes; and (4) we recalculatedgeneral and administrative expensesbased on the revised COM.

B. Test of Home Market PricesWe compared the adjusted weighted-

average COP figures to home marketsales of the foreign like product on aproduct-specific basis, in order todetermine whether these sales had beenmade at below-cost prices within anextended period of time in substantialquantities, and at prices that did notpermit recovery of all costs within areasonable period of time. The homemarket prices compared were exclusiveof any applicable movement charges,discounts, rebates, packing, and directand indirect selling expenses.

C. Results of COP TestPursuant to section 773(b)(2)(c),

where less than 20 percent of salesduring the POI of a given product are atprices less than the COP, we do notdisregard any below-cost sales of thatproduct because the below-cost sales arenot made in substantial quantitieswithin an extended period of time.Where 20 percent or more of sales of agiven product are at prices less than theCOP, we disregard only the below-cost

sales because such sales are found to bemade within an extended period oftime, in accordance with section773(b)(2)(B) of the Act, and at priceswhich would not permit recovery of allcosts within a reasonable period of time,in accordance with section 773(b)(2)(D)of the Act. Where all sales of a specificproduct are at prices below the COP, wedisregard all sales of that product, andcalculate NV based on CV, inaccordance with section 773(a)(4) of theAct.

We found that, for certain PVAproducts, more than 20 percent ofChang Chun’s home market sales weresold at below COP prices within thePOI. Further, no evidence was presentedindicating that these sales provided forthe recovery of costs within a reasonableperiod of time. We therefore determinedthat these below cost sales were madein substantial quantities within anextended period of time and weexcluded these sales and considered theremaining above-cost sales indetermining NV, if such sales existed, inaccordance with section 773(b). Forthose U.S. sales of PVA products forwhich there were no above-cost sales,we compared export prices to CV.

D. Calculation of CVIn accordance with section 773(e)(1)

of the Act, we calculated CV based onthe sum of Chang Chun’s cost ofmaterials, fabrication, selling, generaland administrative expenses (SG&A)and U.S. packing costs as reported inthe U.S. sales database. In accordancewith sections 773(e)(2)(A), we basedSG&A and profit on the amountsincurred and realized by the respondentin connection with the production andsale of the foreign like product in theordinary course of trade forconsumption in the foreign country.Where appropriate, we calculated CVbased on the methodology describedabove in the calculation of COP andadded an amount for profit. For sellingexpenses, we used the weighted-averagehome market selling expenses.

Comparison MethodologyIn accordance with section

777A(d)(1)(A)(i) of the Act, wecalculated weighted-average EPs forcomparison to weighted average NVs or,as discussed above, to CV, whereappropriate. The weighted averageswere calculated and compared by thetime period of the sale, productcharacteristics, and the class of thecustomer involved.

Chang Chun classified one of its U.S.customers as both an end-user and adistributor. Based on information in thequestionnaire response, we considered


this customer as an end-user forpurposes of price averaging becauseChang Chun reported that it sold themajority of its PVA sales to thiscustomer for the customer’s internalconsumption.

The bases for establishing averaginggroups according to time period andclass of customer are discussed in detailbelow under Comments 3 and 4,respectively.

Currency ConversionWe made currency conversions into

U.S. dollars based on the officialexchange rates in effect on the dates ofthe U.S. sales as certified by the FederalReserve Bank. Section 773A(a) of theAct directs the Department to use adaily exchange rate in order to convertforeign currencies into U.S. dollars.Further, section 773A(b) directs theDepartment to allow a 60-dayadjustment period when a currency hasundergone a sustained movement. Asustained movement has occurred whenthe weekly average of actual daily ratesexceeds the weekly average ofbenchmark rates by more than fivepercent for eight consecutive weeks.The benchmark is defined as the movingaverage of rates for the past 40 businessdays. (For an explanation of thismethod, see Policy Bulletin 96–1:Currency Conversions, 61 FR 9434,March 8, 1996). Such an adjustmentperiod is required only when a foreigncurrency is appreciating against the U.S.dollar. The use of an adjustment periodwas not warranted in this case becausethe Taiwan dollar did not undergo asustained movement, nor were therecurrency fluctuations during the POI.

VerificationAs provided in section 788(i) of the

Act, we verified information providedby Chang Chun using standardverification procedures, including theexamination of relevant sales andfinancial records, and selection oforiginal source documentationcontaining relevant information.

Interested Party CommentsComment: Date of Sale for Home

Market Long-Term Purchase Orders.Petitioner argues that the date of sale

for home market sales made accordingto long-term purchase orders should notbe the purchase order date, but ratherthe purchase order log date as used forother home market sales. Petitionerclaims that the verificationdemonstrated that the long-termpurchase orders did not constitute abinding agreement on quantity. Thus,petitioner contends, these purchaseorders failed to satisfy the requirement

that both price and quantity be agreedupon by the buyer and the seller forpurposes of establishing date of sale.Petitioner alleges that: (1) significantamounts of purchase order quantitieswere unfulfilled as of the time of theDepartment’s verification; (2) thepurchase orders resemble ‘‘blanketpurchase orders’’, which set sales termsand conditions over a time period for amaximum quantity of merchandise, butinvolve no commitment to purchase afixed quantity and still require furthercommunication to specify the quantityto be delivered; and (3) the purchaseorders did not set quantities becauseChang Chun did not meet the specifieddelivery period.

Chang Chun argues that the long-termpurchase orders set the key terms ofsale—price and quantity—and,therefore, the date of sale for thesetransactions should be the purchaseorder date. Chang Chun states thatdelivery terms are material only if theparties treat them as such—which theparties did not in this case. Further,Chang Chun maintains that even ifpurchase order quantities were not fullyshipped in accordance with the deliveryschedule, it does not mean that theterms of the purchase order were notmet. Chang Chun cites FinalDetermination of Sales at Less ThanFair Value: Stainless Steel Bar fromIndia (59 FR 66915, December 28, 1994),where the purchase order date was usedas the date of sale even though part ofthe purchase order quantity wascanceled; and Final Determination ofSales at Less Than Fair Value:Crankshafts from Germany (52 FR28170, July 28, 1987) (Crankshafts),where price and quantity changes afterthe POI did not affect the sale date forthose sales shipped under the originalterms.

Monsanto and U.S. importers Rhone-Poulenc, Perry Chemical, and NationalStarch also contend that the deliverydate is not an essential term of sale, andthat delays in meeting delivery date donot affect the establishment of price andquantity as of the purchase order date.

DOC Position: We agree withrespondent Chang Chun that the salesmade under what Chang Chun describesas ‘‘long term purchase orders’’ weremade pursuant to valid contracts, andthus we are treating the date of thepurchase order as the date of sale.

Neither the statute nor theDepartment’s regulations detail how theDepartment is to determine the date ofsale of a transaction. Therefore, underprinciples of administrative law, theagency is obliged to fill in the statutorygaps, either by regulation or throughdeveloping a practice. In determining

the date of sale, the Department has awell-established and long-standingpractice that a sale is completed withinthe meaning of the Act when theessential terms, i.e., usually price andquantity, are definite and firm (see ,e.g.,Final Results of AntidumpingAdministrative Review: AntifrictionBearings (Other Than Tapered RollerBearings) and Parts Thereof from theFederal Republic of Germany, (56 FR31692, July 11, 1991) (Department’sestablished practice to use date whenprice and quantity terms are set as thedate of sale); see also Mitsubishi Elec.Corp. v. United States, 700 F. Supp. 538,561 (CIT 1988), aff’d. 898 F.2d 1577(Fed. Cir. 1990)). The essential terms ofprice and quantity are firm when theyare no longer within the control of theparties to alter (see, e.g., FinalDetermination of Sales at Less ThanFair Value: Brass Sheet and Strip FromFrance, (52 FR 812, January 9, 1987)(price term pegged to publicly quotedmetal prices considered definite andfixed); Voss International v. UnitedStates, 628 F.2d 1328 (CCPA 1980)(price set in dollars was definite despiteprovision for adjustment for currencyfluctuations because the parties hadnothing more to negotiate regardingprice); Final Results of AntidumpingAdministrative Review: TitaniumSponge From Japan, (54 FR 13403, April3, 1989) (absolute quantity was fixedand definite because contract requiredcustomer to purchase all that customerrequired)). Additionally, the Departmentoften looks to the course of conductbetween the parties in evaluatingwhether a written document representsa binding agreement (see, e.g., FinalDetermination of Sales at Less ThanFair Value: Grey Portland Cement andClinker from Mexico, 55 FR 29244, July18, 1990) (parties had begunperformance pursuant to a letteragreement that Department foundestablished a definite price andquantity); Crankshafts, at 28175 (theparties clearly acted in a mannerconsistent with a meeting of the mindsthat there was a binding agreementbecause production, acceptance ofdelivery and payment were in accordwith the price and quantity of thewritten purchase order)).

Evidence on the record demonstratesthat each of the contracts Chang Chunentered into during mid-February 1995were binding agreements for purposes ofestablishing date of sale. Each of thesewritten agreements, referred to byrespondent as long-term purchaseorders, set definite price and quantityterms and were signed by the sellerChang Chun and by each purchaser.


Moreover, for each agreement, theparties’ later course of conductevidenced that there was a meeting ofthe minds as to the essential terms, theprice and quantity, because neitherprice nor quantity were altered in thecourse of performance.

Petitioner argues that Chang Chunhad not fully delivered all of thequantity to any of the purchasers withinthe stated delivery period, and points tothis fact as evidence that none of thelong-term contracts had set firmquantities, hence, none were bindingagreements. However, each long-termcontract merely set out a deliveryschedule wherein deliveries were to bemade in installments which ChangChun was to deliver when inventorywas sufficient and its capacity totransport was available. Such languagedemonstrates that delivery was notintended by either party to be anessential term in the agreement. Unlikea circumstance where the partiesintentionally make time of the essence,these long-term contracts did notprovide that delivery within a datecertain was material (see, e.g., FinalDetermination of Sales at Less ThanFair Value: Oil Country Tubular GoodsFrom Argentina, 60 FR 33539, June 28,1995)(OCTG from Argentina) (where theDepartment found that a change indelivery terms did not alter the date ofsale because the parties themselves didnot treat the delivery terms as materialto the long-term contract)). The fact thatat the end of the delivery time periodChang Chun sent out written extensionsof delivery to each purchaser, and thateach purchaser accepted deliveries ofPVA pursuant to the delivery extension,is consistent with the conclusion thatdelivery terms were not essential to thecontract. The Department has oftenfound that changes in non-essentialterms do not alter the date of sale. SeeFinal Determination of Sales at LessThan Fair Value: Aramid Fiber Formedof Poly-Phenylene TerephthalamideFrom the Netherlands, (59 FR 23684,May 6, 1994); see also General ElectricCo. v. United States, Slip. Op. 93–55(CIT 1993)).

Moreover, record evidencedemonstrates that Chang Chun hadsubstantially performed on each long-term contract within the time set out inthe delivery schedule and that everypurchaser had accepted late delivery ofremaining quantities at the price set outin the contracts. This course of conductindicates that the parties acted in amanner consistent with their respectiveobligations under these agreements,even though all quantities were notdelivered in strict accordance with thedelivery schedule.

Lastly, we do not view the fact thatrespondent continued to recordshipments made pursuant to the long-term contracts as it had recordedshipments made pursuant to spot salesas evidence that the long-term contractswere not binding agreements. Therecord-keeping was not inconsistentwith the long-term contracts. For thesereasons, we find that the purchaseorders at issue are binding contracts.Therefore, we have used the date of thepurchase orders as the date of sale.

Comment 2: Long-term PurchaseOrders in the Ordinary Course of Trade.

Petitioner argues that, if theDepartment accepts the home marketlong-term purchase orders as POI sales,shipments made pursuant to theseorders should be considered outside theordinary course of trade. According topetitioner, these sales represent asignificant deviation from Chang Chun’sprior sales practice in terms of themanner in which sales are negotiated,and in the large volume covered. Inaddition, petitioner notes that theselong-term orders are the first and onlyones in the home market during the POI.

Chang Chun, supported by Monsanto,contends that the sales are in theordinary course of trade because: (1) thepurchase orders covered all standardgrades of PVA and involved a largepercentage of POI sales; (2) additionalpurchase orders were issued subsequentto the original ones; (3) the productswere sold through Chang Chun’s majorchannel of distribution; and (4) the saleswere not unrepresentative oraberrational in nature. Furthermore,Chang Chun states that, although thesepurchase orders were part of a new salesand marketing strategy in response togrowing competition, they are notuncommon in this industry.

DOC Position: We disagree withpetitioner. It is the Department’sestablished practice to include homemarket sales of such or similarmerchandise unless it can beestablished that such sales were notmade in the ordinary course of trade(see Final Determination of Sales at LessThan Fair Value: Stainless Steel Anglesfrom Japan, 60 FR 16608, March 31,1995). Section 773(a)(1)(B)(i) of the Actprovides that NV shall be based on theprice at which the foreign like productis sold in the exporting country in theordinary course of trade for homemarket consumption. Section 771(15) ofthe Act states that ‘‘* * * ‘ordinarycourse of trade’ means the conditionsand practices which, for a reasonabletime prior to the exportation of thesubject merchandise, have been normalin the trade under consideration with

respect to the merchandise of the sameclass or kind * * *’’.

In determining whether sales aremade outside the ordinary course oftrade, the Department typicallyexamines several factors taken togetherwith no one factor dispositive. Further,the SAA at 842–843 states that sales areoutside the ordinary course of tradewhen the ‘‘* * * sales or transactionshave characteristics that are notordinary as compared to sales ortransactions generally made in the samemarket.’’ This statement also providesguidance to the Department inconsidering unusual productspecifications, aberrational prices,unusual terms of sale, or other factorsthat may make sales extraordinary forthe market in question. None of thesesales involved unusual productspecifications, rather, the contractscovered all standard grades of PVA. Thepurchasers were established PVAcustomers that Chang Chun had dealtwith in the past. Although the pricesunder these contracts differed fromspot-sale prices offered previously, wedo not consider such prices to beunusual given the nature of a long-termcontract.

Although the long-term purchaseorders may have been new to ChangChun, there is no evidence that suchlong-term contracts are unusual orextraordinary for the Taiwan PVAmarket. Further, we found that,following the institution of the purchaseorder system, Chang Chun consistentlyconducted business according to thissystem.

While the volume of these long-termcontract sales was much greater thanwhat Chang Chun had been sellingpreviously on a spot sale basis, there isno evidence on the record that indicatesthat high volume sales were not part ofthe normal course of trade in theTaiwan market for a reasonble timeprior to the exportation of the subjectmerchandise. In the past, theDepartment has said that the number ofsales or the volume sold are not, in andof themselves, dispositive (see FinalResults of Antidumping AdministrativeReview: Certain Welded Carbon SteelStandard Pipes and Tubes From India,56 FR 64753, December 12, 1991).Therefore, we have determined thatthese sales were made in the ordinarycourse of trade and included these salesin our normal value calculation.

Comment 3: Price Averaging andTime Periods.

Petitioner argues that calculating asingle POI weighted- average price foreach product results in distortivecomparisons between EP and NV due tothe high volume of home market sales


at the end of the POI pursuant to thelong-term purchase orders. Petitionersubmitted a number of statisticalanalyses to demonstrate the relationshipbetween time and U.S. prices. Based onthese analyses, petitioner contends thatthe price changes over the POI aresignificant and warrant the use ofmonthly, rather than POI, weighted-averages for price comparisions. Insupport of its position, petitioner arguesthat there is no statutory preference forusing POI price averages, and that themonthly average methodology willsatisfy the requirement of the URAAregarding contemporaneous salescomparisons.

Chang Chun, supported by Monsanto,responds that POI averages should beused in this case. Both parties contendthat the Department was correct in thepreliminary determination byestablishing POI averages as the normalmethodology for investigations. Basedon its own statistical analyses,Monsanto asserts that the petitioner’sanalyses are faulty and that therelationship between time and price isrelatively weak. Monsanto also contendsthat the petitioner’s application of astatistical analysis methodology used inadminstrative reviews is inappropriatefor this investigation, because petitionerlimited the analysis to certain sales andbased its results on criteria applicable toadministrative reviews, but notinvestigations. Based on all of thesefactors, Monsanto contends that there isno basis to conclude that the pricechanges over the POI are significant,and thus no reason for the Departmentto abandon POI averages in favor ofmonthly averages.

DOC Position: Section 777A(d)(1)(A)gives the Department the explicitauthority to use certain methods forcomparing prices in determiningwhether sales at less than fair valueexist. The Department may employ anaverage-to-average comparison of U.S.sales to the relevant home market orthird country sales or rely on individualsales transactions for comparisons inboth markets (see section777A(d)(1)(A)(i) & (ii)). In applying anaveraging approach, the SAA states that,in determining sales comparability forpurposes of inclusion in a particularaverage, time is a factor which mayaffect the comparability of sales (SAA at842–843).

As stated in our Notice of ProposedRulemaking and Requests for PublicComment, 61 FR 7308, 7349 (February27, 1996) (Proposed Regulations), theDepartment proposes that normally wewill calculate an average to averagecomparison by weight-averaging salesduring the entire POI. However, the

Deparment may resort to shorter timeperiods where the normal values, exportprices, or constructed export prices forsales included in an averaging groupdiffer significantly over the course of thePOI.

We agree with petitioner that timesignificantly influences pricecomparability in this case. An analysisof the record evidence indicates thatprice trends in the United States andTaiwan were essentially moving intandem, i.e., steadily rising over thePOI, as were cost trends (see PriceAnalysis Memorandum dated March 20,1996). This data tends to support thefact that prices of PVA and costs for itsmain input, vinyl acetate monomer(VAM), were influenced to a significantextent by world market prices.Notwithstanding this fact, and in theface of an upwardly moving cost trendduring the POI, in the last six weeks ofthe POI Chang Chun departed from itsnormal spot sale selling practice andentered into several long-term contractsat prices which diverged significantlyfrom the price trends in the first ten anda half months, and for considerablydifferent quantities than whatrespondent had been selling previouslythrough spot sales over a comparabletime period.

The record evidence shows a distinctdividing line between price trends inthe home market prior to February 15,1995, when the first of the long-termcontracts was entered into. While theprice trend in the United States did notsignificantly differ in the last month anda half from the price trend evidentthroughout the first ten and a halfmonths of the POI, the price trend inTaiwan in the last month and a half ofthe POI changed significantly from thatof the first ten and a half months.Therefore, we find that price trends forNV differed significantly over time. Thisapproach is consistent with theDepartment’s past practice in such casesas Final Determination of Sales at LessThan Fair Value: Nitrocellulose FromBrazil, 55 FR 23120 (June 6, 1990)(influence of time on home market salesin hyperinflationary economy), andFinal Determination of Sales at LessThan Fair Value: Fresh Kiwi Fruit FromNew Zealand, 57 FR 13695 (April 17,1992) (influence of time on homemarket sales of perishable agriculturalproducts).

Moreover, the change in the homemarket price trends was accompaniedby a change in selling practice fromselling PVA on a spot sale basis toentering into long-term contracts forquantities to be delivered over asubstantially longer time period. Thus,the change in selling practice enhanced

the effect of time on pricecomparability. Because time affectsprice comparability, we have used twoaveraging periods: period 1,encompassing sales from April 1, 1994to February 14, 1995, and period 2,covering sales from February 15, 1995 toMarch 31, 1995. These averagescalculated by the Department effectivelytake into account the effect of time onprice comparability.

The monthly averaging proposed bypetitioner is unnecessary. Because pricetrends in both markets closely trackedeach other except in the last 6 weeks ofthe POI, as described above, theevidence indicates that pricecomparability is unaffected by time inthe first ten and half months of the POI.We reviewed the data submitted bypetitioner and found insufficientinformation concerning the assumptionspetitiioner relied upon to perform itsstatistical tests. As a result, we haveconcluded that the monthly averagesproposed by petitioner are unwarranted(see Price Analysis Memorandum).

Comment 4: Level of Trade.Chang Chun and Monsanto argue that

comparisons should be made at thesame level of trade, which they defineas the position of the customer withinthe channels of distribution. Bothparties contend that, pursuant to section773(a)(7)(A), the ‘‘functions of theseller’’ analysis is only relevant whenexamining whether a level of tradeadjustment should be applied.Accordingly, these parties contend thatcomparisons should be made at thesame level of trade, defining‘‘distributors’’, ‘‘end-users’’, and‘‘retailers’’ as distinct levels of trade.These parties further assert that a‘‘retailer’’ level of trade exists as aseparate level of trade in the homemarket. In support of this argument,Monsanto adds that a pattern ofconsistent price differences supportsconsideration of customer groups as aseparate level of trade and, in thisregard, sales to retailers qualify as adistinct level of trade.

Petitioner claims that a ‘‘retail’’ levelof trade does not exist for this industryand therefore sales to such customersshould not be considered to be at aseparate level of trade.

DOC Position: Levels of trade aredefined by the functions of the seller,not the class of customer. Level of tradeis defined as the ‘‘. . . differencebetween the actual functions performedby the sellers at the different levels oftrade in the two markets’’ (section773(a)(7)(A)(i) of the Act; see alsoPreliminary Determination of Sales atLess Than Fair Value: Certain Pastafrom Italy (61 FR 7472, February 28,


1996) and Preliminary Results ofAntidumping Administrative Review:Stainless Steel Wire Rod from France(61 FR 8915, March 6, 1996). Asdiscussed above, we found nodifferences in selling functions betweenthe customer categories defined byChang Chun, nor did Chang Chun claimany differences in selling functionsbetween these categories.

Accordingly, we find no basis forconsidering any of these categories to beseparate levels of trade.

Although we have rejected thecontention that the class of the customerforms the basis for level of trade, incomposing an averaging group,customer classification is a factor theDepartment may take into account (seeSAA). The record establishes that thereare distinct customer classifications inboth markets, and that Chang Chunoffered significantly different prices,depending on the customer category(including different prices to homemarket retailers). Therefore, we havemade comparisons of average priceswithin the same customer classwherever possible. Where suchcomparisons were not possible, wemade comparisons without regard tocustomer class.

Comment 5: Discounts and Rebates onHome Market Sales.

Petitioner contends that, because theDepartment was unable to verifyreported per-unit amounts of ‘‘quantitydiscounts’’ and ‘‘special discounts’’ onhome market sales, all such discountclaims should be rejected. Further,petitioner notes that some of these‘‘discounts’’, which we considered asrebates in the preliminarydetermination, were granted after thefiling of the petition and thereforeshould be rejected in accordance withDepartment practice (see FinalDetermination of Sales at Less ThanFair Value: Color Negative PhotographicPaper and Chemical ComponentsThereof from Japan, 59 FR 16177, April6, 1994).

Chang Chun responds that, althoughthe classification of a discount as a‘‘quantity’’ or ‘‘special’’ discount mayhave been incorrect, the Departmentwas able to verify that the customerreceived discounts equal to the amountclaimed on each transaction. ChangChun adds that its discount policy wasconsistent between the period prior tothe filing of the petition, and the periodsubsequent to it. Thus, Chang Chuncontends that there is no relationshipbetween its discount programs and thefiling of the petition and, therefore,Chang Chun’s discount claims shouldbe accepted as claimed.

DOC Position: We were unable toverify the specific discount amountsclaimed for individual home markettransactions. Therefore, we cannotaccept the transaction-specific amountsclaimed for these transactions. We wereable to verify, however, that certaincustomers received credits after salesthat equalled the total amounts of‘‘quantity’’ or ‘‘special’’ discountsclaimed for sales to that customer.Further, we verified that Chang Chun’snormal practice was to grant itscustomers periodic discounts in theform of credits, or rebates, based on thevolume of PVA purchases (see ChangChun Sales Verification Report at pages10 and 11).

While Chang Chun may have grantedsome of these discounts after the filingof the petition, in most cases, thediscounts were granted for sales madeprior to the petition filing on the samebasis, and in the same manner as suchpayments had been made, and creditshad been granted prior to the filing ofthe petition. We found no evidence toconclude that post-petition discountswere granted for programs establishedafter the filing of the petition. Thus, wefind no basis to reject these discountclaims solely because the customerreceived them after the petition wasfiled.

Because Chang Chun’s revenues fromPVA sales were reduced by thesediscounts amounts, we have revised the‘‘quantity’’ and ‘‘special’’ discountamounts in the calculation of normalvalue by allocating the total of thesediscounts equally among eligible salesto each eligible customer on the basis ofthe respective total discount amountsand sales value to that customer.

Comment 6: Quantity Discount Claim.Chang Chun argues that, because it

granted quantity discounts on at least20% of its sales, NV should becalculated based on sales with quantitydiscounts, as provided for under 19 CFR353.55(b)(1) of the Department’s pre-URAA regulations. Accordingly, ChangChun states that EP should be adjustedto reflect the quantity discount grantedto comparable sales in the home market.

Petitioner contends that the quantitydiscounts claimed on home market salesshould be rejected because theDepartment was unable to verify thatquantity discounts were actuallygranted on a unified basis tosubstantially all of Chang Chun’s homemarket customers. Petitioner also arguesthat the Department was unable toverify that such discounts actuallyapplied to 20% of home market sales.

DOC Position: We agree withpetitioner. To be eligible for a quantity-based discount, a respondent must

demonstrate that the discounts reflectsavings specifically attributable to theproduction of the different quantities, orthat the respondent granted quantitydiscounts of at least the same magnitudeon 20% or more of sales of such orsimilar merchandise (see 19 CFR353.55(b)). If either of these tests is met,the Department applies a discountadjustment equal to the minimumdiscount given.

As discussed in Comment 5, ChangChun could not demonstrate that thespecific amounts claimed as ‘‘quantitydiscounts’’ on specific transactions hadany connection to the quantity sold, butrather, as described above, thesediscounts were in the nature of volumerebates. Moreover, the Department alsorequires a respondent to establish that itgave discounts on a uniform basis,which were made available tosubstantially all home market customers(see, e.g., Final Determination of Salesat Less Than Fair Value: Brass Sheetand Strip from the Netherlands, 53 FR23431, June 22, 1988). This requirementwas expressed in the Department’santidumping questionnaire at pages B–15 and B–16. However, Chang Chunmade no attempt to demonstrate this;indeed, Chang Chun specifically statedthat only customers classified as‘‘distributors’’ were eligible for the‘‘home market quantity discountprogram’’ (see, e.g., letter from Ablondi,Foster, Sobin & Davidow to RonaldBrown of September 19, 1995, at page3). Accordingly, we have disallowedthis claimed adjustment.

Comment 7: Treatment of U.S. TolledSales.

Chang Chun argues that theDepartment should follow its ‘‘longestablished past practice’’ and estimatea separate dumping margin for its tolledsales (i.e., vinyl acetate monomer ownedby a U.S. customer but further processedinto PVA by Chang Chun) by comparingChang Chun’s price for tolling to ChangChun’s tolling cost.

Petitioner states that the Departmentshould not analyze these tolledtransactions because the U.S. customerwithdrew its request that a separatemargin be calculated for these sales, andthe Department has already determinednot to analyze these sales (SeeMemorandum to Barbara Stafford datedAugust 8, 1995).

DOC Position: We agree withpetitioner. As stated in thememorandum cited by the petitioner, asa result of the customer’s withdrawal ofits request for a separate rate in theinvestigation, and that the customer’sparticipation is not otherwise essentialto this investigation, we have notincluded tolled transactions in our


investigation. We note that our pastpractice of analyzing tolling transactionshas changed. The party contracting forthe tolling, rather than the processor,will be considered the producer/exporter of the merchandise (seeProposed Regulations, section353.401(h) at 7381, as well as discussionat 7330).

Comment 8: Allocation of Acetic AcidCosts for COP Analysis.

Petitioner does not object to ChangChun’s treatment of PVA and acetic acidas coproducts of a joint productionprocess. Petitioner does, however, objectto the respondent’s allocation of thejoint production costs on the basis of thetwo product’s relative productionvolumes. Petitioner asserts that becausePVA has a significantly higher per-unitvalue than acetic acid, production costsshould be allocated to the coproductsbased upon their relative sales values.Petitioner adds, however, that if theDepartment determines not to apply avalue-based allocation methodology incomputing the costs of PVA and aceticacid, then it should treat acetic acid asa byproduct by allocating all costs toPVA and offsetting such costs byrevenues earned from acetic acid sales.

Chang Chun defends its treatment ofacetic acid as a coproduct as well as itsvolume-based cost allocationmethodology and urges the Departmentto rely on these methodologies in orderto compute PVA costs for the finaldetermination. According to ChangChun, acetic acid is a coproduct of PVAbecause it meets each of theDepartment’s criteria for identifying andaccounting for jointly-producedmerchandise as either byproducts orcoproducts. Chang Chun also maintainsthat the production volume allocationmethodology it used to compute PVAcosts for COP and CV is the samemethod used by the company tocompute both PVA and acetic acid costsin its normal books and records. ChangChun adds that its volume-based costallocation method is acceptable underTaiwan’s generally accepted accountingprinciples (GAAP), and it was in placeat the company for several months priorto the filing of the petition.

Monsanto supports Chang Chun’saccounting treatment of PVA and aceticacid as coproducts, and agrees with therespondent that its volume-basedallocation methodology is appropriatein this case.

DOC Position: We agree with bothpetitioner and Chang Chun that aceticacid should be treated as a coproduct ofPVA production. As discussed in ourpreliminary determination, we analyzedfour of the five specific factors that theDepartment relies on in determining

whether a product should be treated asa coproduct (see Memorandum from ArtStein to Chris Marsh, September 29,1995). Based on our analysis and ourverification findings, we have nowexamined all of these factors and haveconcluded that acetic acid is acoproduct in the production process ofpolyvinyl alcohol (see, also, ElementalSulphur from Canada; Final Results ofAntidumping Finding AdministrativeReview, 61 FR 8239, March 4, 1996).Having made that determination,however, we disagree with ChangChun’s contention that its volume-basedcost allocation methodology isappropriate in this instance.

Like other joint production processes,PVA production is characterized bycertain joint costs which cannot readilybe identified or traced to the individualproducts resulting from the jointprocessing performed in themanufacture of PVA. In PVAproduction, chemical inputs are mixedtogether in a process that results in twodistinct products: PVA and acetic acid.These products are producedsimultaneously up to a point, the split-off point, after which they becomephysically separated from one another.This situation presents a unique costallocation issue because prior to thephysical split-off point, the productioncosts, like the joint products themselves,are commingled. We note that thissituation differs from cost allocationsfound in a batch production processwhich yields two or more grades of asingle product (e.g., steel bar). In suchsituations, the individual units ofproduction can be identified, apart fromone another, throughout the productionprocess, thus presenting a readilyidentifiable basis upon which to allocatecosts. In contrast, where a single processcommingles inputs up to a split-offpoint, allocating joint costs to thedistinct products becomes moredifficult.

While there are several acceptablemethods of allocating joint costs amongsimultaneously produced coproducts, ingeneral, each of these acceptablemethods is based on either somemeasure of relative value or on thephysical units produced (e.g., number ofunits, weight, etc.) (See CostAccounting: A Managerial Emphasis,Charles T. Horngren, 5th edition,Prentice-Hall Inc., pp. 531–539). Thechoice of allocation method can have aprofound impact on the outcome ofrelative costs, depending on thesignificance of the joint costs involvedand the nature of the products resultingfrom the process.

This case presents an additionalcomplication because of the

involvement of Dairen, an affiliatedsupplier, which produces VAM andsells it to Chang Chun. VAM is themajor raw material input in PVAproduction. Chang Chun, in turn, usesthe VAM (from Dairen) to produce PVAand acetic acid. Chang Chun then sellsmuch of its acetic acid production backto Dairen which, in turn, uses it as amajor input in its production of VAM.Because of the nature of this cycle andthe affiliation between Chang Chun andDairen, it is important that the methodused to allocate joint costs not distortthe cost of PVA and acetic acid.

Section 773(f)(1)(A) of the Actprovides that the Department willcalculate costs based on the records ofthe producer of the merchandise, if suchrecords are kept in accordance with theGAAP of the exporting country andreasonably reflect the costs associatedwith the production and sale of themerchandise (see also FinalDetermination of Sales at Less ThanFair Value: Canned Pineapple FruitFrom Thailand, (Canned Pineapple), 60FR 29559, June 5, 1995, where we statedthat the Department’s practice is toadhere to an individual firm’s recordingof costs in accordance with GAAP of itshome country if the Department issatisfied that such principles reasonablyreflect the costs of producing the subjectmerchandise). The Department’spractice has been sustained by the Courtof International Trade (CIT) (see, e.g.,Laclede Steel Co. v. United States, SlipOp. 94–160 at 21–25 (CIT October 12,1994), where the CIT upheld theDepartment’s decision to rejectrespondent’s reported depreciationexpenses in favor of verifiedinformation obtained directly from thecompany’s financial statements that wasconsistent with Korean GAAP). Inaddition, pursuant to section773(f)(1)(A), the Department may onlyconsider evidence from an exporter orproducer regarding the proper allocationof costs if such allocations have beenused historically by the exporter orproducer (emphasis added).

Under its current accounting system,Chang Chun allocates joint productioncosts based on the relative productionvolumes of PVA and acetic acid.According to the company’s financialstatements, the current allocationmethodology is accepted underTaiwan’s GAAP. Although thecompany’s financial statements indicatethat this allocation methodology is inaccordance with its home countryGAAP, we note that Taiwan’s GAAPdoes not endorse this methodology asthe only acceptable cost allocationmethodology. In fact, duringverification, company officials stated


that they did not know how costs hadbeen allocated under the earlier method(see Cost Verification Report at page 2),however, they stated that the company’sprevious allocation methodology wasalso in accordance with Taiwan’sGAAP.

Chang Chun’s current cost allocationmethodology was adopted in 1994. Priorto 1994, the company relied upon adifferent methodology to allocate costsbetween PVA and acetic acid. As notedabove, company officials could notexplain the basis for the earliermethodology. Accordingly, based on ourverification findings, we cannotconclude that a volume-based allocationhas been used historically by ChangChun.

Moreover, we find that in this case,the allocation of costs equally to eachkilogram produced results in anunreasonable division of jointproduction costs between PVA andacetic acid. Basing the allocation ofcosts solely on production volumeignores the vastly different revenue-producing powers of the joint productsat issue in this case. Specifically, whilethe relative volumes of Chang Chun’sPVA and acetic acid output are almostequal, the price commanded by PVA ismuch greater than that of acetic acid.Thus, the company’s volume-based costallocation results in large profitsaccruing to PVA, while significantlosses result from the sale of acetic acid.The Department, therefore, hasdetermined that it is appropriate toreject Chang Chun’s volume-basedallocation methodology because it doesnot reasonably reflect the costsassociated with the production and saleof PVA, as required by statute (see alsoCanned Pineapple, where theDepartment rejected respondent’sargument for a weight-based joint costallocation for pineapple and used avalue-based cost allocation, citing asone of its reasons the relationship of therevenue-producing powers of the jointproducts that resulted from thepineapple production process).

As noted above, the need for anappropriate allocation method for jointcosts is made all the more important inthis case because of the unique natureof the transactions between Chang Chunand its affiliated supplier, Dairen.Because costs are over-allocated toacetic acid as a result of Chang Chun’svolume-based methodology, such costsmay not be fully recovered when theacetic acid is sold to Dairen. In turn, thecost of VAM produced from acetic acidmay be understated when it is resold toChang Chun for PVA production.

Given the fact that we cannot relyupon Chang Chun’s own allocation

methodology, the vastly differentrevenue-producing powers of the twojoint products, and the fact that theaffiliation between Chang Chun andDairen has the potential to result inunderstatement of certain PVA costs, webelieve a value-based allocationmethodology produces a morereasonable and accurate reflection ofcosts in this case.

Therefore, we are allocating jointproduction costs between PVA andacetic acid using the relative value ofeach product calculated on the basis ofa two-year period prior to the POI (seeCanned Pineapple). We believe that byusing sales of both products over anextended period prior to thisinvestigation, prices can reasonably berelied upon to form the basis forallocating joint production costs,particularly in this case where aceticacid and PVA are commodity products,and their selling prices are influencedby world market forces of supply anddemand.

Comment 9: Chang Chun’s VAM Cost.Petitioner claims that Chang Chun

incorrectly valued VAM that itpurchased from Dairen, an affiliatedsupplier of VAM, at the transfer pricefor those months in which the transferprice was less than Dairen’s COP.Accordingly, petitioner contends thatthe Department should adjust ChangChun’s VAM cost for the specificpurchases of VAM that were made atless than Dairen’s monthly COP.

DOC Position: We disagree withpetitioner. We verified that, for eachmonth of the POI, the transfer price paidby Chang Chun for its VAM purchasesfrom Dairen exceeded Dairen’s COP. Wetherefore relied on the transfer pricebetween the two affiliated companies asthe basis for valuing VAM in ourcalculation of Chang Chun’s COP.

Comment 10: UnreconciledDifferences Between Chang Chun’sRecords and Questionnaire Response.

Petitioner notes that duringverification, the Department foundunreconciled differences in PVA costsbetween Chang Chun’s internal booksand the costs as submitted to theDepartment in its questionnaireresponse. Most of these discrepanciesrelated to the cost of material inputs forPVA production. Petitioner maintainsthat the Department should increaseChang Chun’s reported PVA costs toreflect the additional costs that resultfrom these discrepancies.

DOC Position: We agree withpetitioner. At verification, Chang Chuninformed the Department that it haddetected a clerical error in itssubmission which underreported itsmaterial costs. For the final

determination, we increased materialcosts to account for this error. Ourcorrection of this error resolves thediscrepancies noted by petitioner.

Comment 11: Depreciation.Petitioner claims that the Department

should adjust depreciation expenseincurred for PVA production to reflectthe amount reported in Chang Chun’sfinancial statements, rather than theamount reported for tax purposes(which Chang Chun reported in itsquestionnaire response). Petitionercontends that the Department’s normalmethodology is to rely on costs recordedfor financial statement purposes unlessthere is reason to believe that such costsare distortive.

Chang Chun claims that petitioner’ssuggested depreciation adjustmentrelates to the boiler department’scogeneration equipment, whichproduces power and steam used by notonly the PVA/acetic acid cost center,but also by non-subject product costcenters. Therefore, Chang Chun assertsthat any depreciation adjustment shouldbe limited to PVA/acetic acid’spercentage share of the costs of theboiler department.

DOC Position: We agree withpetitioner that Chang Chununderreported its submitteddepreciation expense. The Departmentnormally requires that a respondentreport depreciation expense calculatedbased on the methods it normally usesfor financial statement purposes, unlesssuch methods distort production costs.We also agree with Chang Chun thatPVA/acetic acid production should onlybe allocated with its share of the costsassociated with the co-generationequipment. Based on our review ofChang Chun’s fixed asset anddepreciation records during verification,we found no reason to believe thatChang Chun’s method of computingdepreciation expense for financialstatement purposes distorts thecompany’s PVA production costs. Wetherefore adjusted the company’ssubmitted tax basis depreciationexpense to reflect depreciationcomputed for PVA/acetic acidproduction assets based on ChangChun’s normal financial statementdepreciation method.

Comment 12: Over-packing.Petitioner asserts that because Chang

Chun systematically over-packs PVAabove the nominal weight and thecustomer pays for only the nominalweight, PVA’s COP should be adjustedin order to equate the cost of theproduct as packed with the price of theproduct as sold.

Chang Chun claims that because salesare recorded on the basis of nominal


quantities rather than the over-packedquantities, in order to be consistent,Chang Chun records production basedon nominal quantities. Thus, ChangChun asserts that there is no need forthe Department to adjust the company’scosts to reflect the over-packedquantities.

DOC Position: We verified that bothproduction and sales were reportedbased on nominal weight, therefore, nofurther adjustment is necessary.

Comment 13: Dairen’s VAM CostingIssues.

Petitioner notes that Dairen shutdown its plant in January 1994 andasserts that the costs of the shutdownshould be included as part of Dairen’s1994 VAM production costs. Petitioneralso claims that Dairen’s VAM COPshould be increased to account for thecost of purchased liquid nitrogen.Furthermore, petitioner contends thatthe Department should reject Dairen’sallocation of engineering and indirectlabor costs to non-subject merchandisebecause it represents a deviation fromDairen’s 1994 audited financialstatements and is merely an internalmanagement estimate founded upon noverifiable, objective criteria.

Chang Chun maintains that, sinceDairen’s plant maintenance shutdownoccurred prior to the POI, no adjustmentto include any portion of these costs isnecessary. Chang Chun also claims thatDairen’s purchased nitrogen was sold ata profit and that the cost of the nitrogenshould not be charged to VAMproduction because the sales revenuewas not deducted from the productioncosts. Furthermore, Chang Chun assertsthat, because both its engineering andindirect labor costs benefit VAM andPVA emulsions production, itsallocation of these costs to bothproducts is appropriate.

DOC Position: We agree withpetitioner that a portion of Dairen’splant shutdown costs should be addedto Dairen’s reported cost of producingVAM because we consider theshutdown costs a form of majormaintenance which benefits productionover the entire POI. Accordingly, a prorata share of the shutdown costsincurred in the one month of 1994 thatis part of the POI should be allocated tothe cost of producing VAM during thePOI.

Because the cost of VAM used in theproduction of PVA is based upon thetransfer price, no adjustment isrequired. Dairen’s transfer price toChang Chun exceeds its COP for VAM(including the cost of purchased liquidnitrogen). Therefore there would be noimpact on Chang Chun’s COP for PVA.

Lastly, we disagree with petitionerthat Dairen’s allocation of engineeringand indirect labor costs to non-subjectmerchandise should be rejected. Duringverification, we found that theseengineering and indirect labor costs dobenefit certain non-subject products.Accordingly, we consider it reasonableto allocate these costs to non-subjectmerchandise.


In accordance with section 733(d) ofthe Act, we are directing the CustomsService to continue to suspendliquidation of all entries of PVA fromTaiwan, as defined in the ‘‘Scope ofInvestigation’’ section of this notice, thatare entered, or withdrawn fromwarehouse for consumption, on or afterOctober 10, 1995, the date ofpublication of our preliminarydetermination in the Federal Register.The Customs Service shall require acash deposit or posting of a bond equalto the estimated amount by which thenormal value exceeds the export price,as shown below. This suspension ofliquidation will remain in effect untilApril 7, 1996 (i.e., six months after theeffective date of these instructions), inaccordance with section 733(d) of theAct.

The weighted-average dumpingmargins are as follows:

Exporter/manufacturer

Weight-ed-aver-

agemargin

percent-age

Chang Chun Petrochemical Co.,Ltd ............................................... 19.21

All others ......................................... 19.21

The all others rate applies to allentries of subject merchandise exceptfor entries of merchandise produced byChang Chun.

ITC Notification

In accordance with section 735(d) ofthe Act, we have notified the ITC of ourdetermination. As our finaldetermination is affirmative, the ITCwill determine whether these importsare causing material injury, or threat ofmaterial injury, to the industry within45 days. If the ITC determines thatmaterial injury, or threat of materialinjury, does not exist, the proceedingwill be terminated and all securitiesposted will be refunded or cancelled. Ifthe ITC determines that such injurydoes exist, the Department will issue anantidumping duty order directingCustoms officials to assess antidumping

duties on all imports of the subjectmerchandise entered, or withdrawnfrom warehouse, for consumption on orafter the effective date of the suspensionof liquidation.

This determination is publishedpursuant to section 735(d) of the Act.


[A–533–809]

Certain Forged Stainless Steel FlangesFrom India; Preliminary Results ofAntidumping Duty AdministrativeReview

AGENCY: Import Administration,International Trade Administration,Department of Commerce.ACTION: Notice of Preliminary Results ofAntidumping Duty AdministrativeReview.

SUMMARY: In response to a request fromone respondent, the Department ofCommerce (the Department) hasconducted an administrative review ofthe antidumping duty order on certainforged stainless steel flanges (flanges)from India. The review covers onemanufacturer/exporter of the subjectmerchandise to the United States for theperiod February 9, 1994 through January31, 1995.

We have preliminarily determinedthat U.S. sales have been made belowthe normal value (NV). If thesepreliminary results are adopted in ourfinal results of administrative review,we will instruct U.S. Customs to assessantidumping duties equal to thedifference between the United Statesprice (USP) and the NV. Interestedparties are invited to comment on thesepreliminary results. Parties who submitarguments in this proceeding arerequested to submit with the argument(1) a statement of the issue, and (2) abrief summary of the argument.EFFECTIVE DATE: March 29, 1996.FOR FURTHER INFORMATION CONTACT:John Kugelman, Office of AntidumpingCompliance, Import Administration,International Trade Administration,U.S. Department of Commerce, 14thStreet and Constitution Avenue NW.,Washington, DC 20230, telephone: (202)482–5253.


BackgroundOn February 9, 1994, the Department

published in the Federal Register (59


FR 5994) the antidumping duty order oncertain forged stainless steel flangesfrom India. On January 12, 1995, theDepartment published in the FederalRegister a notice of ‘‘Opportunity toRequest an Administrative Review’’ ofthis antidumping duty order for theperiod of February 9, 1994 throughJanuary 31, 1995 (60 FR 6524). Wereceived a timely request for reviewfrom the respondent, Akai Impex, Ltd.(Akai). On February 15, 1995, theDepartment initiated a review of Akai(60 FR 8629). The period of review(POR) is February 9, 1994 throughJanuary 31, 1995.

The Applicable StatuteUnless otherwise indicated, all

citations to the Tariff Act of 1930, asamended (the Act), are references to theprovisions effective January 1, 1995, theeffective date of the amendments madeto the Act by the Uruguay RoundAgreements Act.

Scope of the ReviewThe products covered by this order

are certain forged stainless steel flangesboth finished and not-finished,generally manufactured to specificationASTM A–182, and made in alloys suchas 304, 304L, 316, and 316L. The scopeincludes five general types of flanges.They are weld neck, used for butt-weldline connection, threaded, used forthreaded line connections, slip-on andlap joint, used with stub-ends/butt-weldline connections, socket weld, used tofit pipe into a machined recession, andblind, used to seal off a line. The sizesof the flanges with the scope rangegenerally from one to six inches;however, all sizes of the abovedescribed merchandise are included inthe scope. Specifically excluded fromthe scope of this order are cast stainlesssteel flanges. Cast stainless steel flangesgenerally are manufactured tospecification ASTM–A–351. The flangessubject to this order are currentlyclassifiable under subheading7307.21.1000 and 7307.21.5000 of theHarmonized Tariff Schedule of theUnited States (HTSUS). The HTSUSsubheadings are provided forconvenience and customs purposes. Thewritten description of the scope of thisorder remains dispositive.

The review covers one Indianmanufacturer/exporter, Akai, and theperiod February 9, 1994 through January31, 1995.

United States Price (USP)In calculating USP for Akai, the

Department treated respondent’s salesas export price (EP), as defined insection 772(a) of the Act, because the

subject merchandise was sold tounaffiliated U.S. purchasers prior to thedate of importation.

We calculated EP based on packed,delivered, duty-paid prices tounaffiliated customers in the UnitedStates. We made deductions from thegross unit price, where appropriate, forinland freight-plant/warehouse to portof exit, brokerage and handling,international freight, and U.S. customsduty, in accordance with section772(c)(2)(A) of the Act. We added to thegross unit price packing costs forshipment to the United States, whereapplicable, pursuant to section772(c)(1)(A) of the Act.

No other adjustments to USP wereclaimed or allowed.

Normal Value (NV)

A. Viability

In order to determine whether therewas a sufficient volume of sales in thehome market to serve as a viable basisfor calculating NV, we compared Akai’svolume of home market sales of theforeign like product to the volume ofU.S. sales of the subject merchandise, inaccordance with section 773(a)(1)(C) ofthe Act. Because Akai’s aggregatevolume of home market sales was lessthan five percent of its aggregate volumeof U.S. sales for the subjectmerchandise, we determined that theaggregate quantity of the foreign likeproduct sold in the exporting country isinsufficient to permit a propercomparison with the sales of the subjectmerchandise to the United States.Therefore, in accordance with section773(a)(1)(B), we chose Canada as themost appropriate third country marketfor comparison.

B. Model Match

We first searched for the third countrymodel which is identical incharacteristics with each U.S. model.When there were no contemporaneoussales of identical merchandise, wesearched for the third country modelwhich is most like or most similar incharacteristics with each U.S. model. Toperform the model match, we firstsearched for the most similar thirdcountry model with regard to alloy. Ifthere were several third country modelswith identical alloy, we then searchedamong the models with identical alloyfor the most similar third country modelwith regard to size. We continued thisprocess with regard to type andstandard. If, as a result of this analysis,several third country models weredeemed equally similar, we chose thethird country model which, whencompared to the U.S. model, had the

lowest difference in variable cost ofmanufacturing (difmer), provided thedifmer did not exceed 20 percent of thetotal cost of manufacturing of the U.S.model.

For those U.S. models where noforeign like product was found with adifmer of less than 20 percent, weresorted to CV as the basis of NV, inaccordance with section 773(a)(4) of theAct.

C. Constructed ValueIn accordance with section 773(e) of

the Act, we calculated CV based onAkai’s cost of materials and fabricationemployed in producing the subjectmerchandise, selling, general andadministrative expense (SG&A) andprofit incurred and realized inconnection with the production and saleof the foreign like product, and U.S.packing costs. We used the costs ofmaterials, fabrication, and G&A asreported in the CV portion of Akai’squestionnaire response.

We used the U.S. packing costs asreported in the U.S. sales portion ofAkai’s questionnaire response. Webased selling expenses and profit on theinformation reported in the thirdcountry sales portion of Akai’squestionnaire response. See CertainPasta from Italy; Notice of PreliminaryDetermination of Sales at Less Than FairValue and Postponement of FinalDetermination, 61 FR 1344, 1349(January 19, 1996). For SG&A expensesand actual profit, we used the averageof actual amounts incurred and realizedby Akai, in connection with theproduction and sale of the foreign likeproduct in the ordinary course of trade,for consumption in the foreign country,in accordance with section773(e)(2)(B)(ii) of the Act.

D. Price-to-Price ComparisonsFor those price-to-price comparisons

where we did not resort to CV, we basedNV on the prices at which the foreignlike products were first sold forconsumption in the third countrymarket to an unrelated party, in theusual commercial quantities and in theordinary course of trade and, to theextent practicable, at the same level oftrade as the EP, in accordance withsection 773(a)(1)(B)(ii) of the Act. Akaimade all third country and EP sales ofsubject merchandise to the same level oftrade. Pursuant to section 777A(d)(2) ofthe Act, we compared the EPs ofindividual transactions to the monthlyweighted-average price of sales of theforeign like product. We madeadjustments, where applicable, forexpenses incident to placing the foreignlike product in condition packed ready


for shipment to the place of delivery tothe purchaser, and for third countrycredit expenses, in accordance withsection 773(a)(6)(B)(ii) of the Act. Weincreased third country price by U.S.packing costs in accordance withsection 773(a)(6)(A) of the Act andreduced it by third country packingcosts in accordance with section773(a)(6)(B) of the Act. Prices werereported net of value-added taxes (VAT)and, therefore, no adjustment for VATwas necessary. In accordance withsection 773(a)(6)(C) of the Act, weincreased NV by adding U.S. creditexpense. No other adjustments wereclaimed or allowed.

Preliminary Results of the Review.As a result of this review, we

preliminary determine that thefollowing weighted-average dumpingmargin exists:

Manufacturer/exporter Period

Margin(per-cent)

Akai Impex,Ltd.

2/09/94–1/31/95 ...... 11.04

Parties to the proceeding may requestdisclosure within five days of the dateof publication of this notice. Anyinterested party may request a hearingwithin 10 days of publication. Anyhearing, if requested, will be held 44days after the date of publication, or thefirst workday thereafter. Case briefs and/or written comments from interestedparties may be submitted not later than30 days after the date of publication.Rebuttal briefs and rebuttals to writtencomments, limited to issues raised inthe case briefs and comments, may befiled not later than 37 days after the dateof publication. Parties who submitargument in this proceeding arerequested to submit with the argument(1) a statement of the issue and (2) abrief summary of the argument. TheDepartment will issue the final resultsof the administrative review, includingthe results of its analysis of issues inany such written comments or athearing, within 180 days of issuance ofthese preliminary results.

The Department shall determine, andCustoms shall assess, antidumpingduties on all appropriate entries.Individual differences between USP andNV may vary from the percentagesstated above. The Department will issueappraisement instructions directly toCustoms. The final results of this reviewshall be the basis for the assessment ofantidumping dumping duties on entriesof merchandise covered by thedetermination and for future deposits ofestimated duties.

Furthermore, the following depositrequirements will be effective uponcompletion of the final results of theseadministrative reviews for all shipmentsof Flanges from India entered, orwithdrawn from warehouse, forconsumption on or after the publicationdate of the final results of thisadministrative review, as provided bysection 751(a)(1) of the Act: (1) the cashdeposit rate for Akai will be the rateestablished in the final results ofadministrative review; (2) formerchandise exported by manufacturersor exporters not covered in thesereviews but covered in the original less-than-fair-value (LTFV) investigation or aprevious review, the cash deposit willcontinue to be the most recent ratepublished in the final determination orfinal results for which the manufactureror exporter received a company-specificrate; (3) if the exporter is not a firmcovered in these reviews, or the originalinvestigation, but the manufacturer is,the cash deposit rate will be thatestablished for the manufacturer of themerchandise in the final results of thesereviews, or the LTFV investigation; and(4) if neither the exporter nor themanufacturer is a firm covered in theseor any previous reviews, the cashdeposit rate will be 162.14 percent, the‘‘all others’’ rate established in the LTFVinvestigation (59 FR 5994, February 9,1994).

This notice serves as a preliminaryreminder to parties subject toadministrative protective orders (APOs)of their responsibility concerning thedisposition of proprietary informationdisclosed under APO in accordancewith 19 CFR 353.34(d). Timely writtennotification of the return/destruction ofAPO materials or conversion to judicialprotective order is hereby requested.Failure to comply with the regulationsand terms of an APO is a sanctionableviolation.

This notice serves as a preliminaryreminder to importers of theirresponsibility to file a certificateregarding the reimbursement ofantidumping duties prior to liquidationof the relevant entries during thisreview period. Failure to comply withthis requirement could result in theSecretary’s presumption thatreimbursement of antidumping dutiesoccurred and the subsequent assessmentof double antidumping duties.

This administrative review and noticeare in accordance with section 751(a)(1)of the Act (19 U.S.C. 1675(a)(1)).

Dated: March 21, 1996.Susan G. Esserman,Assistant Secretary for ImportAdministration.[FR Doc. 96–7632 Filed 3–28–96; 8:45 am]BILLING CODE 3510–DS–M

[A–570–601]

Court Decision and Continuation ofSuspension of Liquidation: 1989–1990Administrative Review of TaperedRoller Bearings and Parts ThereofFrom the People’s Republic of China

AGENCY: Import Administration,International Trade Administration,Department of Commerce.

EFFECTIVE DATE: March 29, 1996.FOR FURTHER INFORMATION CONTACT: JohnBeck, Office of AntidumpingInvestigations, Import Administration,U.S. Department of Commerce, 14thStreet and Constitution Avenue, N.W.,Washington, D.C. 20230, telephone:(202) 482–3464.SUMMARY: On February 27, 1996, in thecase of UCF America Inc. and UniversalAutomotive Co., Ltd. v. United Statesand the Timken Company, Cons. Ct. No.92–01–00049, Slip Op. 96–42 (UCF), theUnited States Court of InternationalTrade (the Court) affirmed in part theDepartment of Commerce’s (theDepartment’s) results of redeterminationon remand of the Final Results of Salesat Less Than Fair Value: 1989–1990Administrative Review of TaperedRoller Bearings and Parts Thereof fromthe People’s Republic of China.Consistent with the decision of theUnited States Court of Appeals for theFederal Circuit (Federal Circuit) inTimken Co. v. United States, 893 F.2d337 (Fed. Cir. 1990) (Timken), theDepartment will not order theliquidation of the subject merchandiseentered or withdrawn from warehousefor consumption prior to a ‘‘conclusive’’decision in this case.


BackgroundDuring 1987, the Department

completed its investigation of taperedroller bearings from the People’sRepublic of China (Final Determinationof Sales at Less Than Fair Value:Tapered Roller Bearings From thePeople’s Republic of China (52 FR19748, May 27, 1987)). In addition tosetting a rate for Premier Bearing (aHong Kong trading company), theDepartment issued an ‘‘all others’’ rateof 0.97 percent.

Subsequently, interested partieschallenged the final determination. The


Court remanded the case and, onFebruary 26, 1990, the Departmentissued an amendment to the finaldetermination (Amendment to FinalDetermination of Sales at Less ThanFair Value and Antidumping DutyOrder in Accordance With DecisionUpon Remand: Tapered Roller BearingsFrom the People’s Republic of China (55FR 6669, Feb. 26, 1990)). In itsamendment, the Department issued anew ‘‘all others’’ rate of 2.96 percent.

On July 26, 1990, the Departmentinitiated the third administrative reviewof tapered roller bearings from thePeople’s Republic of China, covering theperiod June 1, 1989 through May 31,1990 (Initiation of Antidumping DutyAdministrative Reviews (55 FR 30490,July 26, 1990)). The Departmentinitiated on CMEC (a state tradingcompany) and Premier.

In 1991, the Department established anew policy concerning non-marketeconomies. Under this policy, all non-market economy exporters are presumedto be a single enterprise controlled bythe central government, which receivesa single rate (the ‘‘PRC rate’’) (see theFinal Determination of Sales At LessThan Fair Value: Heavy Forged HandTools, Finished or Unfinished, With orWithout Handles, From the People’sRepublic of China (56 FR 241, Jan. 3,1991); and Final Results ofAntidumping Duty AdministrativeReview: Iron Construction Castings fromthe People’s Republic of China (56 FR2742, Jan. 24, 1991)). A company isentitled to a separate rate only if itestablishes that it is not subject to dejure or de facto control by the centralgovernment (see the FinalDetermination of Sales at Less ThanFair Value: Silicon Carbide from thePeople’s Republic of China (59 FR22585, May 2, 1994)).

The Department issued itspreliminary results for the thirdadministrative review of TRB’s from thePRC on October 4, 1991 (PreliminaryResults of Antidumping DutyAdministrative Review: Tapered RollerBearings and Parts Thereof From thePeople’s Republic of China (56 FR50309, Oct. 4, 1991)). The Departmentpreliminarily issued separate rates to allreviewed companies. Id. at 50310.

On December 31, 1991, theDepartment issued its final results(Final Results of Antidumping DutyAdministrative Review: Tapered RollerBearings and Parts Thereof From thePeople’s Republic of China (56 FR67590, Dec. 31, 1991)). The Departmentissued separate rates for all companiesparticipating in the review. For non-reviewed companies, the Departmentissued ‘‘an ‘all others’ rate equal to the

highest rate for any company in thisadministrative review.’’ Id. at 67597.

Interested parties challenged theresults of the third administrativereview. On December 5, 1994, the CITissued its opinion in UCF America v.United States, 870 F. Supp. 1120 (CIT1994), remanding the results to theDepartment. The CIT instructed theDepartment to: 1) reinstate the ‘‘allothers’’ cash deposit rate to unreviewedcompanies which was applicable priorto the final results for entries whichhave not become subject to assessmentpursuant to a subsequent administrativereview; and 2) eliminate the arithmeticerror with regard to Jilin’s foreign inlandfreight costs.

The Department filed its remandresults on March 6, 1995. In the remandresults, the Department: 1) reinstatedthe PRC rate for the third review at 2.96percent and 2) corrected the error in theforeign inland freight calculation forJilin. However, the Department statedthat while it agreed that it incorrectlyestablished an ‘‘all others’’ rate of 8.83percent in the final results of the review,its reasoning differed from that of theCourt.

On February 27, 1996, the Courtsustained the Department’s remandresults (see UCF America Inc. andUniversal Automotive Co., Ltd. v.United States and the TimkenCompany, Cons. Ct. No. 92–01–00049,Slip Op. 96–42. The Court stated that it‘‘sees no basis for a ‘‘PRC rate’’ but findsthat Commerce properly 1) reinstatedthe ‘‘all others’’ cash deposit rate of2.96% to unreviewed companies forentries which have not become subjectto assessment pursuant to a subsequentadministrative review; and 2) correctedthe arithmetic error related to foreigninland freight costs for Jilin MachineryImport and Export Corporation.’’ Thus,the Court sustained the rate applied bythe Department but rejected the ‘‘PRCrate’’ terminology.


In its decision in Timken, the FederalCircuit held that, pursuant to 19 U.S.C.1516a(e), the Department must publishnotice of a decision of the Court orFederal Circuit which is ‘‘not inharmony’’ with the Department’sdetermination. Publication of this noticefulfills this obligation. The FederalCircuit also held that in such a case, theDepartment must suspend liquidationuntil there is a ‘‘conclusive’’ decision inthe action. A ‘‘conclusive’’ decisioncannot be reached until the opportunityto appeal expires or any appeal isdecided by the Federal Circuit.Therefore, the Department will continue

to suspend liquidation at the currentrates pending the expiration of theperiod to appeal or pending a finaldecision of the Federal Circuit if UCF isappealed.


[C–201–001]

Leather Wearing Apparel From Mexico;Notice of Intent To Terminate theCountervailing Duty AdministrativeReview and Notice of Intent To Amendthe Revocation of the CountervailingDuty Order

AGENCY: Import Administration,International Trade Administration,Department of Commerce.ACTION: Notice of Intent to Terminatethe Countervailing Duty AdministrativeReview and Notice of Intent to Amendthe Revocation of the CountervailingDuty Order.

SUMMARY: On September 6, 1995, theCourt of Appeals for the Federal Circuit(CAFC) ruled that, absent an injurydetermination by the InternationalTrade Commission, the Department ofCommerce (the Department) may notassess countervailing duties undersection 1303(a)(1) on entries of dutiablemerchandise which occurred on or afterApril 23, 1985, the effective date ofMexico’s Bilateral Agreement with theU.S. Ceramica Regiomontana v. U.S.,Court No. 95–1026 (Fed. Cir., Sept. 6,1995) (Ceramica). As a result, we intendto terminate this administrative review,which covers the period January 1, 1994through December 31, 1994, and amendthe effective date of the revocation ofthe countervailing duty order onMexican leather wearing apparel. Theamended revocation would apply to allunliquidated entries of subjectmerchandise entered, or withdrawnfrom warehouse, for consumption on orafter April 23, 1985. We inviteinterested parties to comment on ourintent to terminate this administrativereview and to amend the revocation ofthe order.EFFECTIVE DATE: March 29, 1996.FOR FURTHER INFORMATION CONTACT:Brian Albright or Cameron Cardozo,Office of Countervailing Compliance,Import Administration, InternationalTrade Administration, U.S. Departmentof Commerce, 14th Street andConstitution Avenue, N.W.,


Washington, D.C. 20230; telephone:(202) 482–2786.


BackgroundThe countervailing duty order on

leather wearing apparel from Mexicowas issued on April 10, 1981 pursuantto section 303 of the Tariff Act of 1930,as amended (the Act). No injurydetermination was required for casesconducted pursuant to section 303. Inthe Uruguay Round Agreements Act of1994 (URAA), which amended the Act,section 303 was repealed because thenew Agreement on Subsidies andCountervailing measures (SCMAgreement) prohibits the assessment ofcountervailing duties on imports from amember of the WTO without anaffirmative injury determination. TheURAA added section 753 to the Actwhich provided domestic interestedparties an opportunity to request aninjury investigation for orders that hadbeen issued pursuant to section 303.

Because no domestic interestedparties exercised their right undersection 753(a) of the Act to request aninjury investigation on Mexican leatherwearing apparel, the International TradeCommission made a negative injurydetermination with respect to this order,pursuant to section 753(b)(4) of the Act.As a result, the Department revoked thiscountervailing duty order, effectiveJanuary 1, 1995, pursuant to section753(b)(3)(B) of the Act. Revocation ofCountervailing Duty Orders, 60 FR40,568 (August 9, 1995). Administrativereviews of periods prior to January 1,1995 could still be conducted, and onApril 28, 1995 an administrative reviewof this order was requested for theperiod January 1, 1994 throughDecember 31, 1994. 60 FR 25885 (May15, 1995).

On September 6, 1995, in a caseinvolving the countervailing duty orderon ceramic tile from Mexico, the CAFCruled that, absent an injurydetermination by the InternationalTrade Commission (ITC), theDepartment may not assesscountervailing duties under section1303(a)(1) on entries from Mexico ofdutiable merchandise which occurredon or after April 23, 1985, the effectivedate of Mexico’s Bilateral Agreementwith the U.S. (Ceramica at 8). OnFebruary 21, 1996, the Departmentimplemented the CAFC’s ruling in thecase of Mexican ceramic tile. 61 FR6630. Because the order on leatherwearing apparel is a Mexican order andinvolves the same set of pertinent facts(i.e., the ITC did not make an injurydetermination), the CAFC’s decision

applies to the order on leather wearingapparel from Mexico.

As a result, we intend to terminate theinstant review of this countervailingduty order. Also, we intend to amendthe previous revocation of this order tomake the revocation for all unliquidatedentries effective April 23, 1985, ratherthan January 1, 1995, in recognition ofthe Ceramica decision.

Scope of the ReviewImports covered by this review are

shipments of Mexican leather wearingapparel. These products include leathercoats and jackets for men, boys, women,girls, and infants, and other leatherapparel products including leathervests, pants, and shorts. Also includedare outer leather shells and parts andpieces of leather wearing apparel. Thismerchandise is currently classifiableunder Harmonized Tariff Schedule(HTS) item numbers 4203.10.4030,4203.10.4060, 4203.10.4085 and4203.10.4095. The HTS item numbersare provided for convenience andCustoms purposes. The writtendescription remains dispositive.

Notice of Intent To Terminate theCountervailing Duty AdministrativeReview and Notice of Intent To Amendthe Revocation of the CountervailingDuty Order

This notice serves as notification tothe public of our intent to terminate theinstant administrative review andamend the revocation of thecountervailing duty order on Mexicanleather wearing apparel to be effectiveApril 23, 1985. If our finaldetermination remains unchanged fromthis notice of intent, the revocation willapply to all unliquidated entries ofsubject merchandise entered, orwithdrawn from warehouse, forconsumption on or after April 23, 1985.

Therefore, we intend to instruct theU.S. Customs Service to terminate thesuspension of liquidation and liquidateall unliquidated entries of the subjectmerchandise entered, or withdrawnfrom warehouse, for consumption on orafter April 23, 1985, without regard tocountervailing duties. We intend toinstruct the U.S. Customs Service torefund with interest any estimatedcountervailing duties collected withrespect to those entries. We note that therequirements for a cash deposit ofestimated countervailing duties werepreviously terminated in conjunctionwith the section 753 determination.

Interested parties may request ahearing not later than 10 days after thedate of publication of this notice.Interested parties may submit writtenarguments in case briefs on this notice

of intent within 21 days of the date ofpublication. Rebuttal briefs, limited toarguments raised in case briefs, may besubmitted five days after the time limitfor filing the case brief. Parties whosubmit argument in this proceeding arerequested to submit with the argument(1) a statement of the issue, and (2) abrief summary of the argument. Anyhearing, if requested, will be held twodays after the scheduled date forsubmission of rebuttal briefs. Copies ofcase briefs and rebuttal briefs must beserved on interested parties inaccordance with 19 CFR 355.38(e).

Representatives of parties to theproceeding may request disclosure ofproprietary information underadministrative protective order no laterthan 10 days after the representative’sclient or employer becomes a party tothe proceeding, but in no event laterthan the date the case briefs, undersection 355.38(c), are due. TheDepartment will publish its finaldetermination with respect to thisintended termination and revocation,including the results of its analysis ofissues raised in any case or rebuttal briefor at a hearing.

This notice is published inaccordance with section 751(a)(1) of theAct (19 U.S.C. 1675(a)(1)) and 19 CFR355.22.


Export Trade Certificate of Review

ACTION: Notice of Application.

SUMMARY: The Office of Export TradingCompany Affairs, International TradeAdministration, Department ofCommerce, has received an applicationfor an Export Trade Certificate ofReview. This notice summarizes theconduct for which certification is soughtand requests comments relevant towhether the Certificate should beissued.FOR FURTHER INFORMATION CONTACT: W.Dawn Busby, Director, Office of ExportTrading Company Affairs, InternationalTrade Administration, (202) 482–5131.This is not a toll-free number.SUPPLEMENTARY INFORMATION: Title III ofthe Export Trading Company Act of1982 (15 U.S.C. 4001–21) authorizes theSecretary of Commerce to issue ExportTrade Certificates of Review. ACertificate of Review protects the holderand the members identified in theCertificate from state and federal


government antitrust actions and fromprivate, treble damage antitrust actionsfor the export conduct specified in theCertificate and carried out incompliance with its terms andconditions. Section 302(b)(1) of the Actand 15 CFR 325.6(a) require theSecretary to publish a notice in theFederal Register identifying theapplicant and summarizing its proposedexport conduct.

Request for Public CommentsInterested parties may submit written

comments relevant to the determinationof whether a Secretary of Commerceshould issue a Certificate to theapplicant. An original and five (5)copies of such comments should besubmitted no later than 20 days after thedate of this notice to: Office of ExportTrading Company Affairs, InternationalTrade Administration, Department ofCommerce, Room 1800H, Washington,D.C. 20230. Information submitted byany person is exempt from disclosureunder the Freedom of Information Act(5 U.S.C. 552). Comments should referto this application as ‘‘Export TradeCertificate of Review, applicationnumber 96–00002.’’

Summary of the ApplicationApplicant: U.S. Leaf Tobacco

Exporter, L.L.C., c/o Henry Babb, Jr.,Esq., Narron, Holdford, Babb, Harrison& Rhodes, PA, Wilson, North Carolina27894–0279, Contact: Laurence T.Sorkin, Esq., Telephone: (212) 701–3209.

Application No.: 96–00006Date Deemed Submitted: March 18,

1996.Members (in addition to applicant):

Universal Leaf Tobacco Company,Incorporated, Richmond, Virginia;DIMON International, Inc., Farmville,North Carolina; Unitob Inc., Greenville,North Carolina; Standard CommercialCorporation, Wilson, North Carolina;G.F. Vaughan Tobacco, Co., Inc.,Lexington, Kentucky.

Note: This application is made onbehalf of the Members listed above, aswell as any U.S. tobacco dealer whichis a wholly owned or majority ownedsubsidiary of a Member or of itscontrolling entity. A list of thesubsidiaries of each Member or itscontrolling entity is attached hereto asAttachment I.

U.S. Leaf Tobacco Exporters, L.L.C.seek a Certificate to cover the followingspecific Export Trade, Export Markets,and Export Trade Activities andMethods of Operations.

Export TradeProducts

Green leaf tobacco (SIC 5159)Services

Processing and shipment of green leaftobacco (SIC 2141)

Export Trade Facilitation Services (asthey relate to the Export of Productsand Services.)

Consulting, market research,advertising, marketing, insurance,product research and design, legalassistance, transportation(including trade documentation andfreight forwarding), communicationand processing of orders,warehousing, foreign exchange,financing, and taking title to goods.

Export MarketsThe Export Markets are foreign

government-owned purchasers knownas State Trading Entities (‘‘STEs’’) andare limited to the following: Algeria,China, Egypt, Korea, Lebanon, Morocco,Thailand, Taiwan, Turkey, Tunisia, andVietnam.

Export Trade Activities and Methods ofOperation

1. In connection with the promotionand sale of Members’ Products andServices into the Export Markets, U.S.Leaf Tobacco Exporters, L.L.C. and/orone or more of its Members may:

a. Solicit orders or bids from STEs inExport Markets.

b. Design and execute foreignmarketing strategies for sales in ExportMarkets.

c. Quote charges to STEs forprocessing, shipping and handlingservices relating to the sale of U.S.grown tobacco to such buyers. Suchquotes may be made by one or moreMembers individually or by Applicanton behalf of such Members as may beinterested in participating in suchtransactions or opportunities.

d. Collect and exchange informationabout Applicant’s or Members’ exportoperations and prior export sales byMembers, including export priceinformation with respect to STEs.

e. Collaborate in the preparation andsubmission of individual or joint bidsfor processing, shipping and handlingcharges relating to the sale of tobacco toSTEs in Export Markets.

f. Collect and exchange informationand conduct joint negotiations withSTEs concerning estimated yields forthe processing of green leaf tobacco intoredried tobacco.

g. Allocate export sales and/or exportmarkets among Members to STEs.

h. Engage in joint promotionalactivities aimed at increasing sales inexisting Export Markets and identifyingnew Export Markets, such as: arrangingtrade shows and marketing trips;

providing advertising services;providing brochures, industrynewsletters and other forms of product,service and industry information;conducting international market andproduct research; procuringinternational marketing, advertising andpromotional services; and sharing thecost of these joint promotional activitiesamong the Members.

i. Collect and exchange informationwith respect to transportation servicesutilized by the Members in the export ofU.S. grown tobacco, including overseasfreight transportation, inland freighttransportation from the Members’processing plants to the U.S. port ofembarkment, storage and warehousing,stevedoring, wharfage and handling,insurance, forwarder services, tradedocumentation and services, customerclearance, financial instruments andforeign exchange.

j. Collect and exchange informationand conduct joint negotiations withSTEs regarding contractual terms forexport sales.

Definitions1. ‘‘Member’’ means a person who has

membership in U.S. Leaf TobaccoExporters, L.L.C. and who has beencertified as a ‘‘Member’’ within themeaning of Section 325.2(1) of theRegulations.

Dated: March 25, 1996.W. Dawn Busby,Director, Office of Export Trading CompanyAffairs.

Attachment I

Universal Leaf Subsidiaries

Universal Leaf Tobacco Company,Incorporated, Richmond, VA

Virginia Tobacco Company,Incorporated, Richmond, VA

Virsa Incorporated, Richmond, VAWinston Leaf Tobacco Company,

Incorporated, Richmond, VASouthern States Tobacco Company,

Incorporated, Richmond, VAThorpe & Ricks, Inc., Richmond, VAThorpe-Greenville Export Tobacco

Company, Rocky Mount, NCThorpe-Ricks, Inc., Rocky Mount, NCSouthern Processors, Inc., Danville, VADanville Leaf Tobacco Company, Inc.,

Danville, VAJ.P. Taylor Company, Inc., Henderson,

NCEastern Leaf Tobacco Company,

Richmond, VAK.R. Edwards Leaf Tobacco Company,

Incorporated, Smithfield, NCSouthwestern Tobacco Company,

Incorporated, Lexington, KYW.H. Winstead Company, Inc.,

Richmond, VA


Tobacco Processors, Inc., Wilson, NCR.P. Watson Company, Richmond, VADunnington-Beach Tobacco,

Incorporated, Farmville, VA

Standard Subsidiaries

Standard Commercial Tobacco Co. Inc.,Wilson, NC

W A Adams Company, Wilson, NC

Dimon Subsidiaries

A.C. Monk & Company, Inc., Farmville,NC

The Austin Company, Incorporated,Kinston, NC

T.S. Ragsdale Company, Inc., Lake City,NC

Dibrell Brothers Tobacco USA, Inc.,Danville, Va

Carolina Leaf Tobacco Company, Inc.,Greenville, NC

Dimon International, A.G., Basel,Switzerland

Dibrell Carolina Far Eastern Corp.,Greenville, NC

Dimon Asia on behalf of DimonInternational, Inc., Farmville, NC

Intabex Subsidiaries (Parent Companyof Unitob Inc.)

China American Tobacco Co.,Greenville, NC

Intabex-Hail & Cotton International Co.,Greenville, NC

[FR Doc. 96–7614 Filed 3–28–96; 8:45 am]BILLING CODE 3510–DR–P

National Oceanic and AtmosphericAdministration

Evaluation of Coastal ZoneManagement Program and NationalEstuarine Research Reserves

AGENCY: Office of Ocean and CoastalResource Management, National OceanService, National Oceanic andAtmospheric Administration (NOAA),DOC.ACTION: Notice of intent to evaluate.

SUMMARY: The NOAA Office of Oceanand Coastal Resource Management(OCRM) announces its intent to evaluatethe performance of the Narragansett Bay(RI) and Delaware National EstuarineResearch Reserve Programs.

These evaluations will be conductedpursuant to sections 312 and 315 of theCoastal Zone Management Act of 1972(CZMA), as amended. The CZMArequires a continuing review of theperformance of states with respect tocoastal program implementation andreserve management. Evaluation ofCoastal Zone Management Programs andNational Estuarine Research Reservesrequires findings concerning the extent

to which a state has met the nationalobjectives, adhered to its coastalprogram document or reserveManagement Plan approved by theSecretary of Commerce, and adhered tothe terms of financial assistance awardsfunded under the CZMA. Theevaluations will include a site visit,consideration of public comments, andconsultations with interested Federal,State, and local agencies and membersof the public. Public meetings are heldas part of the site visits.

Notice is hereby given of the dates ofthe site visits for the listed evaluations,and the dates, local times, and locationsof public meetings during the site visits.

The Narragansett Bay NationalEstuarine Research Reserve, RhodeIsland, site visit will be from May 13–17, 1996. A public meeting will be heldon Wednesday, May 15, 1996, at 9:00A.M., at the Reserve Field Station, 55South Reserve Drive, South Prudence,Rhode Island 02872.

The Delaware National EstuarineResearch Reserve site visit will be fromMay 20–24, 1996. A public meeting willbe held on Wednesday, May 22, 1996,at 7:00 P.M., at the Department ofNatural Resources and EnvironmentalControl Auditorium, Richardson andRobins Building, 89 Kings Highway,Dover, Delaware.

The States will issue notice of thepublic meeting(s) in a localnewspaper(s) at least 45 days prior tothe public meeting(s), and will issueother timely notices as appropriate.

Copies of the State’s most recentperformance reports, as well as OCRM’snotifications and supplemental requestletters to the States, are available uponrequest from OCRM. Written commentsfrom interested parties regarding thesePrograms are encouraged and will beaccepted until 15 days after the publicmeeting. Please direct written commentsto Vickie A. Allin, Chief, PolicyCoordination Division, Office of Oceanand Coastal Resource Management,NOS/NOAA, 1305 East-West Highway,Silver Spring, Maryland 20910. Whenthe evaluation is completed, OCRM willplace a notice in the Federal Registerannouncing the availability of the FinalEvaluation Findings.FOR FURTHER INFORMATION CONTACT:Vickie A. Allin, Chief, PolicyCoordination Division, Office of Oceanand Coastal Resource Management,NOS/NOAA, 1305 East-West Highway,Silver Spring, Maryland 20910, (301)713–3090, ext. 126.

Federal Domestic Assistance Catalog11.419, Coastal Zone Management ProgramAdministration.

Dated: March 18, 1996.W. Stanley Wilson,Assistant Administrator for Ocean Servicesand Coastal Zone Management.[FR Doc. 96–7633 Filed 3–28–96; 8:45 am]BILLING CODE 3510–08–M

[I.D. 032196C]

Pacific Fishery Management Council;Public Meeting

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Notice of public meeting.

SUMMARY: The Pacific FisheryManagement Council’s (Council) PacificWhiting Allocation Committee will holda public meeting.DATES: The meeting will be held onApril 2, beginning at 1 p.m. and may gointo the evening until business for theday is completed, and on April 3 from8 a.m. until 5 p.m.ADDRESSES: The meeting will be held atthe Pacific Fishery ManagementCouncil, 2130 SW Fifth Avenue, Suite224, Portland, OR 97201.FOR FURTHER INFORMATION CONTACT: JimGlock, Groundfish Fishery ManagementCoordinator; telephone: (503) 326–6352.SUPPLEMENTARY INFORMATION: TheCouncil appointed this committee tonegotiate an agreement for managementof the Pacific whiting fishery beginningin 1997. This is expected to be the finalmeeting of this committee. Thecommittee will continue to worktowards narrowing the alternatives andachieving consensus on a singleproposal.

Special AccommodationsThis meeting is physically accessible

to people with disabilities. Requests forsign language interpretation or otherauxiliary aids should be directed to EricW. Greene at (503) 326–6352 at least 5days prior to the meeting date.

Dated: March 22, 1996.Richard H. Schaefer,Director, Office of Fisheries Conservation andManagement, National Marine FisheriesService.[FR Doc. 96–7658 Filed 3–28–96; 8:45 am]BILLING CODE 3510–22–F

National Weather ServiceModernization and AssociatedRestructuring

AGENCY: National Oceanic andAtmospheric Administration,Commerce.


ACTION: Notice and Opportunity forPublic Comment.

SUMMARY: The National Weather Service(NWS) is publishing proposedcertifications for the proposedconsolidations of:

(1) Residual Indianapolis WeatherService Office (RWSO) into the futureIndianapolis WFO;

(2) Dubuque Weather Service Office(WSO) into the future Quad Cities andMilwaukee Weather Forecast Offices(WFOs);

(3) Allentown WSO into the futurePhiladelphia, Central Pennsylvania andBinghamton WFOs;

(4) Beckley WSO into the futureCharleston and Roanoke WFOs;

(5) Bridgeport WSO into the futureNew York City WFO;

(6) Residual Charleston, WV WSOinto the future Charleston, WV WFO;

(7) Elkins WSO into the futureCharleston, WV, Pittsburgh andBaltimore, MD/Washington, DC WFOs;

(8) Huntington WSO into the futureCharleston, WV and Cincinnati WFOs;

(9) Wilkes-Barre WSO into the futureBinghamton and Central PennsylvaniaWFOs;

(10) Residual Atlanta WSO into thefuture Atlanta WFO;

(11) Bakersfield WSO into the futureSan Joaquin Valley WFO; and

(12) Residual Las Vegas WSO into thefuture Las Vegas WFO.

In accordance with Public Law 102–567, the public will have 60-days inwhich to comment on these proposedconsolidation certifications.DATES: Comments are requested by May28, 1996.ADDRESSES: Requests for copies of theproposed consolidation packages shouldbe sent to Janet Gilmer, Room 12316,1325 East-West Highway, Silver Spring,MD 20910, telephone 301–713–0276.All comments should be sent to JanetGilmer at the above address.FOR FURTHER INFORMATION CONTACT:Julie Scanlon at 301–713–1413.SUPPLEMENTARY INFORMATION: NWSanticipates consolidating:

(1) the Residual Indianapolis WeatherService Office (RWSO) with the futureIndianapolis WFO;

(2) the Dubuque Weather ServiceOffice (WSO) with the future QuadCities and Milwaukee Weather ForecastOffices (WFOs);

(3) the Allentown WSO with thefuture Philadelphia, CentralPennsylvania and Binghamton WFOs;

(4) the Beckley WSO with the futureCharleston and Roanoke WFOs;

(5) the Bridgeport WSO with thefuture New York City WFO;

(6) the Residual Charleston, WV WSOwith the future Charleston, WV WFO;

(7) the Elkins WSO with the futureCharleston, WV, Pittsburgh andBaltimore, MD/Washington, DC WFOs;

(8) the Huntington WSO with thefuture Charleston, WV and CincinnatiWFOs;

(9) the Wilkes-Barre WSO with thefuture Binghamton and CentralPennsylvania WFOs;

(10) the Residual Atlanta WSO withthe future Atlanta WFO;

(11) the Bakersfield WSO with thefuture San Joaquin Valley WFO; and

(12) the Residual Las Vegas WSO withthe future Las Vegas WFO.

In accordance with section 706 ofPub. Law 102–567, the Secretary ofCommerce must certify that theseconsolidations will not result in anydegradation of service to the affectedareas of responsibility and must publishthe proposed consolidationcertifications in the FR. Thedocumentation supporting eachproposed certification includes thefollowing:

(1) a draft memorandum by themeteorologist-in-charge recommendingthe certification, the final of which willbe endorsed by the Regional Directorand the Assistant Administrator of theNWS if appropriate, after considerationof public comments and completion ofconsultation with the ModernizationTransition Committee (the Committee);

(2) a description of local weathercharacteristics and weather-relatedconcerns which affect the weatherservices provided within the servicearea;

(3) a comparison of the servicesprovided within the service area and theservices to be provided after suchaction;

(4) a description of any recent orexpected modernization of NWSoperation which will enhance servicesin the service area;

(5) an identification of any areawithin the affected service area whichwould not receive coverage (at anelevation of 10,000 feet) by the nextgeneration weather radar network;

(6) evidence, based upon operationaldemonstration of modernized NWSoperations, which was considered inreaching the conclusion that nodegradation in service will result fromsuch action including the WSR–88DRadar Commissioning Report(s), UserConfirmation of Services Report(s), andthe Decommissioning Readiness Report(as applicable); and

(7) a letter appointing the liaisonofficer.

These proposed certifications do notinclude any report of the Committee

which could be submitted in accordancewith sections 706(b)(6) and 707(c) ofPub. Law 102–567. At their December14, 1995 meeting the members ‘‘* * *resolved that the MTC modify itsprocedure to eliminate proposedcertification consultations ofnoncontroversial closings,consolidations, relocations, andautomation certifications but willprovide final consultation oncertifications after public comment andbefore final submission to the Secretaryof Commerce.’’

Documentation supporting theproposed certifications is toovoluminous to publish in its entirety.Copies of the supporting documentationcan be obtained through the contactlisted above.

Attached to this Notice are draftmemoranda by the respectivemeteorologists-in-charge recommendingthe certifications.

Once all public comments have beenreceived and considered, the NWS willcomplete consultation with theCommittee and determine whether toproceed with the final certifications. Ifdecisions to certify are made, theSecretary of Commerce must publish thefinal certifications in the FR andtransmit the certifications to theappropriate Congressional committeesprior to consolidating the offices.

Dated: March 22, 1996.Elbert W. Friday, Jr.,Assistant Administrator for Weather Services.

6900 West Hanna AvenueIndianapolis, IN 46241–9526February 12, 1996.Memorandum For: Richard P. Augulis,

Director, Central RegionFrom: John T. Curran, MIC NWSFO

IndianapolisSubject:Recommendation for Consolidation

CertificationIn August 1993 a change of operations

occurred when most personnel and mostservices provided by the WSFO atIndianapolis International Airport weretransferred 1.5 miles southwest to the futureWFO site in Indianapolis, Indiana. At thattime a Residual Weather Service Office(RWSO) was left at the airport to continue thesurface and radar observational programs.Since that time the Indianapolis InternationalAirport ASOS has been commissioned andthe WSR–74C radar has beendecommissioned.

After reviewing the attacheddocumentation, I have determined, in myprofessional judgement, that consolidation ofthe Indianapolis Residual Weather ServiceOffice (RWSO) with the future IndianapolisWeather Forecast Office (WFO) inIndianapolis will not result in anydegradation in weather services to theIndianapolis service area. This proposed


certification is in accordance with theadvance notification provided in the NationalImplementation Plan. Accordingly, I amrecommending you approve this action inaccordance with section 706 of Public Law102–567. If you concur, please endorse thisrecommendation and forward this package tothe Assistant Administrator for WeatherServices for final certification. If Dr. Fridayapproves, he will forward the certification tothe Secretary of Commerce for approval andtransmittal to Congress.

My recommendation is based on myreview of the pertinent evidence andapplication of the modernization criteria forconsolidation of a field office. In summary:

1. A description of local weathercharacteristics and weather-related concernsaffecting the weather services provided in thepre-modernized Indianapolis service area isincluded as attachment A. As discussedbelow, I find that providing the servicewhich addresses these characteristics andconcerns from the future Indianapolis WFOwill not degrade these services.

2. A list of services currently providedfrom the Indianapolis RWSO and a list ofcomparable services to be provided from thefuture Indianapolis WFO location afterconsolidation is included as attachment B.Comparison of these lists shows that allservices currently provided will continue tobe provided after the proposed consolidation.Also, the enclosed map shows the pre-modernized WSFO Indianapolis area ofresponsibility (i.e. ‘‘affected service area’’)and the future WFO Indianapolis area ofresponsibility. As discussed below, I findthat there will be no degradation in thequality of these services as a result of theconsolidation.

3. A description of the recent or expectedmodernization of National Weather Service(NWS) operations which will enhanceservices in the WSFO Indianapolis servicearea is included as attachment C. The newtechnology (i.e. ASOS, WSR–88D, andAWIPS) has or will be installed and willenhance services.

4. A map showing the planned NEXRADcoverage at an elevation of 10,000 feet forIndiana is included as attachment D. NWSoperational radar coverage for theIndianapolis service area will be increased,and no area will be missed in coverage.

5. The following evidence, based uponoperational demonstration of modernizedNWS operations, played a key role inconcluding there will be no degradation ofservices:

A. The WSR–88D Radar CommissioningReport, attachment E, validates that theWSR–88D meets technical specifications(acceptance test); is fully operational(satisfactory operation of system interfacesand satisfactory support of associated NWSforecasting and warning services); servicebackup capabilities are functioning properly;a full set of operations and maintenancedocumentation is available; and spare partsand test equipment and trained operationsand maintenance personnel are available onsite. Training was completed but twonational work-arounds remain in effect.

B. The User Confirmation of Services,attachment F, documents that all comments

have been answered to the satisfaction of thecommentors as stated in the ServiceConfirmation Report. One of the commentorswas concerned about inaccurate radarobservations (ROBs) and substantial falseecho returns. We have discussed theseconcerns with those people and they aresatisfied the NWS is working toward asolution. An emergency management agencyresponded negatively regarding theavailability of an 800 phone line. An 800phone line is available to all emergencymanagement in the Indianapolis service area.Another emergency management officialresponded negatively regarding the wordingof our products and specifically mentioninghis county seat. We informed him we wouldspecifically mention his county seatwhenever we can, if appropriate. Two otherresponses were for informational purposes.We provided these individuals theinformation they desired.

C. The Decommissioning Readiness Report,attachment G, verifies that the existing WSR–74C radar is no longer needed to supportservices or products for local officeoperations.

6. A memorandum assigning the liaisonofficer for the Indianapolis service area isincluded as attachment H.

I have considered recommendations of theModernization Transition Committee(attachment I) and the llllll publiccomments received during the commentperiod (attachment J). Onllllllllll, the Committee votedto endorse the proposed consolidation(attachment K). I believe all negativecomments have been addressed to thesatisfaction of our customers and I continueto recommend this certification.

Endorsement

I, Richard P. Augulis, Director, CentralRegion, endorse this consolidationcertification.lllllllllllllllllllllRichard P. AugulislllllllllllllllllllllDate

Memorandum For: Richard P. Augulis,Director, Central Region

From: Charles T. Fenley, MIC, NWSO QuadCities, IA; Kenneth R. Rizzo, MIC,NWSFO Milwaukee, WI

Subject: Recommendation for ConsolidationCertification

After reviewing the attacheddocumentation, we have determined, in ourprofessional judgment, consolidation of theDubuque, Iowa Weather Service Office(WSO) with the future Quad Cities(Davenport, Iowa) and Milwaukee (Dousman,Wisconsin) Weather Forecast Offices (WFOs)will not result in any degradation in weatherservices to the Dubuque, Iowa, service area.This proposed certification is in accordancewith the advance notification provided in theNational Implementation Plan. Accordingly,we are recommending you approve thisaction in accordance with section 706 ofPublic Law 102–567. If you concur, pleaseendorse this recommendation and forwardthis package to the Assistant Administratorfor Weather Services for final certification. If

Dr. Friday approves, he will forwardcertification to the Secretary for approval andtransmittal to Congress.

Our recommendation is based on ourreview of the pertinent evidence andapplication of the modernization criteria forconsolidation of a field office. In summary:

1. A description of local weathercharacteristics and weather-related concernsaffecting the weather services provided to thepre-modernized Dubuque, Iowa, service areais included as Attachment A. As discussedbelow, we find that providing the serviceswhich address these characteristics andconcerns from the future Quad Cities(Davenport, Iowa) and Milwaukee (Dousman,Wisconsin) WFOs will not degrade theseservices.

2. A detailed list of the services currentlyprovided within the Dubuque, Iowa, servicearea from the Dubuque, Iowa WSO locationand a list of services to be provided from thefuture Quad Cities (Davenport, Iowa) andMilwaukee (Dousman, Wisconsin) WFOslocations after the proposed consolidation isincluded as Attachment B. Comparison ofthese services shows that all servicescurrently provided will continue to beprovided after the proposed consolidation.Also, the enclosed map shows the WSODubuque, Iowa Area of Responsibility (i.e.‘‘Affected Service Area’’) and the future QuadCities (Davenport, Iowa) WFO Area ofResponsibility. As discussed below, we findthat there will be no degradation in thequality of those services as a result ofconsolidation.

3. A description of the recent or expectedmodernization of National Weather Service(NWS) operations which will enhanceservices in the WSO Dubuque, Iowa, servicearea is included as Attachment C. The newtechnology (i.e. ASOS, WSR–88D, andAWIPS) has or will be installed, and willenhance services.

4. A map showing planned NEXARDcoverage at an elevation of 10,000 feet fornortheast Iowa, southwest Wisconsin andnorthwest Illinois is included as AttachmentD. NWS operation radar coverage for theWSO Dubuque, Iowa, service area will beincreased and no area will be missed incoverate.

5. The following evidence, based uponoperational demonstration of modernizedNWS operations, played a key role inconcluding there will be no degradation ofservice:

A. The WSR–88D Radar CommissioningReports from the Quad Cities (Davenport,Iowa) and Milwaukee (Dousman, Wisconsin)future WFOs, Attachment E, validates thatthe WSR–88Ds meet technical specifications(acceptance test); are fully operational(satisfactory operation of system interfacesand satisfactory support of associated NWSforecasting and warning services); servicebackup capabilities are functioning properly;a full set of operations and maintenancedocumentation is available; and spare partsand test equipment and trained operationsand maintenance personnel are available onsite. Training was completed but twonational work-arounds remain in effect.

B. The User Confirmation of Services fromthe Quad Cities (Davenport, Iowa) and


Milwaukee, Wisconsin (Dousman,Wisconsin, Attachment F, document that nonegative comments were received from theQuad Cities service area. Only one negativecomment was received from the Milwaukeeservice area and it was answered to thesatisfaction of the commentor.

C. The Decommissioning Readiness Report,Attachment G, verifies that the old WSR–74Cradar at Moline, Illinois is no longer neededto support services or products for localoperations.

6. A memorandum assigning the liaisonofficer for the Dubuque, Iowa service area isincluded as Attachment H.

We have considered recommendations ofthe Modernization Transition Committee(Attachment I) and the llllll publiccomments received during the commentperiod (Attachment J). On llllll, theCommittee voted to endorse the proposedconsolidation (Attachment K). We believe allnegative comments have been addressed tothe satisfaction of our customers and wecontinue to recommend certification.

EndorsementI, Richard P. Augulis, Director, Central

Region, endorse this consolidationcertification.lllllllllllllllllllllRichard P. AugulislllllllllllllllllllllDateAttachments

Memorandum For: W/ER—John T. ForsingFrom: G.C. Henricksen, AM/MIC NWSFO

Philadelphia, PA; Bruce Budd, MICNWSO Central Pennsylvania, PA; PeterR. Ahnert, MIC NWSO Binghamton, NY


After reviewing the attacheddocumentation, we have determined, in ourprofessional judgment, consolidation of theAllentown Weather Service Office (WSOABE) with the future Philadelphia, CentralPennsylvania and Binghamton WeatherForecast Offices (WFOs) will not result inany degradation in weather services to theAllentown service area. This proposedcertification is in accordance with theadvance notification provided in the NationalImplementation Plan. Accordingly, we arerecommending you approve this action inaccordance with section 706 of Public Law102–567. If you concur, please endorse thisrecommendation and forward this package tothe Assistant Administrator for WeatherServices for final certification. If Dr. Fridayapproves, he will forward the certification tothe Secretary for approval and transmittal toCongress.


1. A description of local weathercharacteristics and weather-related concernsaffecting the weather services provided in theAllentown service area is included asattachment A. As discussed below, we findthat providing the services which addressthese characteristics and concerns from thefuture Philadelphia, Central Pennsylvania,

and Binghamton WFOs, will not degradethese services.

2. A detailed list of the services currentlyprovided within the Allentown service areafrom the WSO ABE location and list ofservices to be provided from the futurePhiladelphia, Central Pennsylvania, andBinghamton WFO locations after theproposed consolidation is included asattachment B. Comparison of these servicesshows that all services currently providedwill continue to be provided after theproposed consolidation. Also, the enclosedmap shows the WSO ABE Area ofResponsibility (i.e. ‘‘Affected Service Area’’)and the future WFO Philadelphia Area ofResponsibility. As discussed below, we findthat there will be no degradation in thequality of these services as a result of theconsolidation.

3. A description of the recent or expectedmodernization of National Weather Service(NWS) operations which will enhanceservices in the WSO ABE service area isincluded as attachment C. The newtechnology (i.e. ASOS, WSR–88D, andAWIPS) has or will be installed and willenhance services.

4. A map showing planned NEXRADcoverage at an elevation of 10,000 feet forPennsylvania and portions of surroundingareas is included as attachment D. NWSoperational radar coverage for the Allentownservice area will be increased and no areawill be missed in coverage.


A. the WSR–88D RADAR CommissioningReports from the Philadelphia, CentralPennsylvania, and Binghamton areas,attachment E, validate that the WSR–88Dsmeet technical specifications (acceptancetest); are fully operational (satisfactoryoperation of system interfaces andsatisfactory support of associated NWSforecasting and warning services); servicebackup capabilities are functioning properly;a full set of operations and maintenancedocumentation is available; and spare partsand test equipment and trained operationsand maintenance personnel are available onsite. Training was completed but twonational work-arounds remain in effect.

B. The User Confirmation of Services fromthe future Philadelphia, CentralPennsylvania, and Binghamton WFO areas,attachment F, document that a total of fivecomments required follow-up. All negativecomments have been answered to thesatisfaction of the users as reflected in thereport.

C. The Decommissionary Readiness Report,attachment G, is not necessary as WSO ABEdoes not have a radar.

6. A memorandum assigning the liaisonofficer for the Allentown service area isincluded at attachment H.

We have considered recommendations ofthe Modernization Transition Committee(attachment I) and the llllll publiccomments received during the commentperiod (attachment J). Onllllllllll, the Committee voted

to endorse the proposed consolidation(attachment K). We believe all negativecomments have been addressed to thesatisfaction of our customers and wecontinue to recommend this certification.

EndorsementI, John T. Forsing, Director, Eastern Region,

endorse this consolidation certification.lllllllllllllllllllllJohn T. ForsinglllllllllllllllllllllDateAttachments

Memorandum For: W/ER—John T. ForsingFrom: Alan Rezek, AM/MIC NWSFO

Charleston, WV; John Wright, MICMWSO Roanoke, VA


After reviewing the attacheddocumentation, we have determined, in ourprofessional judgment, consolidation of theBeckley Weather Service Office (WSO BKW)with the future Charleston and RoanokeWeather Forecast Offices (WFOs) will notresult in any degradation in weather servicesto the Beckley service area. This proposedcertification is in accordance with theadvance notification provided in the NationalImplementation Plan. Accordingly, we arerecommending you approve this action inaccordance with section 706 of Public Law102–567. If you concur, please endorse thisrecommendation and forward this package tothe Assistant Administrator for WeatherServices for final certification. If Dr. Fridayapproves, he will forward the certification tothe Secretary for approval and transmittal toCongress.


1. A description of local weathercharacteristics and weather-related concernsaffecting the weather services provided in theBeckley service area is included asattachment A. As discussed below, we findthat providing the services which addressthese characteristics and concerns from thefuture Charleston and Roanoke WFOs, willnot degrade these services.

2. A detailed list of the services currentlyprovided within the Beckley service areafrom the WSO BKW location and list ofservices to be provided from the futureCharleston and Roanoke WFO locations afterthe proposed consolidation is included asattachment B. Comparison of these servicesshows that all services currently providedwill continue to be provided after theproposed consolidation. Also, the enclosedmap shows the WSO BKW Area ofResponsibility (i.e. ‘‘Affected Service Area’’)and the future WFO Charleston Area ofResponsibility. As discussed below, we findthat there will be no degradation in thequality of these services as a result of theconsolidation.

3. A description of the recent or expectedmodernization of National Weather Service(NWS) operations which will enhanceservices in the WSO BKW service area isincluded as attachment C. The new


technology (i.e. ASOS, WSR–88D, andAWIPS) has or will be installed and willenhance services.

4. A map showing planned NEXRADcoverage at an elevation of 10,000 feet forWest Virginia and portions of surroundingareas is included as attachment D. NWSoperational radar coverage for the Beckleyservice area will be increased and no areawill be missed in coverage.


A. The WSR–88D RADAR CommissioningReports from the Charleston and Roanokeareas, attachment E, validate that the WSR–88Ds meet technical specifications(acceptance test); area fully operational(satisfactory operation of system interfacesand satisfactory support of associated NWSforecasting and warning services); servicebackup capabilities are functioning properly;a full set of operations and maintenancedocumentation is available; and spare partsand test equipment and trained operationsand maintenance personnel are available onsite. Training was completed but twonational work-arounds remain in effect.

B. The User Confirmation of Services fromthe future Charleston and Roanoke WFOareas, attachment F, document that a total ofeleven comments required follow-up. Allnegative comments have been answered tothe satisfaction of the users as reflected in thereport.

C. The Decommissioning Readiness Report,attachment G, verifies that the existingBeckley local warning radar, WSR–74C, is nolonger needed to support services or productsfor local office operations.

6. A memorandum assigned the liaisonofficer for the Beckley service area isincluded at attachment H.

We have considered recommendations ofthe Modernization Transition Committee(attachment I) and the llllll publiccomments received during the commentperiod (attachment J). Onlllllllll, the Committee voted toendorse the proposed consolidation(attachment K). We believe all negativecomments have been addressed to thesatisfaction of our customers and wecontinue to recommend this certification.

Endorsement

I, John T. Forsing, Director, Eastern Region,endorse this consolidation certification.lllllllllllllllllllllJohn T. ForsinglllllllllllllllllllllDateAttachments

Memorandum For: W/ER—John T. ForsingFrom: Michael E. Wyllie, AM/MIC NWSFO

New York CitySubject: Recommendation for Consolidation

CertificationAfter reviewing the attached

documentation, I have determined, in myprofessional judgment, consolidation of theBridgeport Weather Service Office (WSOBDR) with the future New York City Weather

Forecast Office (WFO) will not result in anydegradation in weather services to theBridgeport service area. This proposedcertification is in accordance with theadvance notification provided in the NationalImplementation Plan. Accordingly, I amrecommending you approve this action inaccordance with section 706 of Public Law102–567. If you concur, please endorse thisrecommendation and forward this package tothe Assistant Administrator for WeatherServices for final certification. If Dr. Fridayapproves, he will forward the certification tothe Secretary for approval and transmittal toCongress.


1. A description of local weathercharacteristics and weather-related concernsaffecting the weather services provided in theBridgeport service area is included asattachment A. As discussed below, I find thatproviding the services which address thesecharacteristics and concerns from the futureNew York City WFO will not degrade theseservices.

2. A detailed list of the services currentlyprovided within the Bridgeport service areafrom the WSO BDR location and a list ofservices to be provided from the future NewYork City WFO locations after the proposedconsolidation is included as attachment B.Comparison of these services shows that allservices currently provided will continue tobe provided after the proposed consolidation.Also, the enclosed map shows the WSO BDRArea of Responsibility (i.e. ‘‘Affected ServiceArea’’) and the future WFO New York cityArea of Responsibility. As discussed below,I find that there will be no degradation in thequality of these services as a result of theconsolidation.

3. A description of the recent or expectedmodernization of National Weather Service(NWS) operations which will enhanceservices in the WSO BDR service area isincluded as attachment C. The newtechnology (i.e. ASOS, WSR–88D, andAWIPS) has or will be installed and willenhance services.

4. A map showing planned NEXRADcoverage at an elevation of 10,000 feet forConnecticut and portions of surroundingareas is included as attachment D. NWSoperational radar coverage for the Bridgeportservice area will be increased and no areawill be missed in coverage.


A. The WSR–88D RADAR CommissioningReport from New York City, attachment Evalidate that the WSR–88Ds meet technicalspecifications (acceptance test); are fullyoperational (satisfactory operation of systeminterfaces and satisfactory support ofassociated NWS forecasting and warningservices); service backup capabilities arefunctioning properly; a full set of operationsand maintenance documentation is available;and spare parts and test equipment andtrained operations and maintenance

personnel are available on site. Training wascompleted but two national work-aroundsremain in effect.

B. The User Confirmation of Services fromNew York City, attachment F, document thatthree negative comments were received. Allnegative comments have been answered tothe satisfaction of the users as reflected in thereports.

C. The Decommissioning Readiness Report,attachment G, is not necessary as WSO BDRdoes not have a radar.

6. A memorandum assigning the liaisonofficer for the Bridgeport service area isincluded at attachment H.

I have considered recommendations of theModernization Transition Committee(attachment I) and the llllll publiccomments received during the commentperiod (attachment J). Onllllllllll, the Committee votedto endorse the proposed consolidation(attachment K). I believe all negativecomments have been addressed to thesatisfaction of our customers and I continueto recommend this certification.



Memorandum for: W/ER—John T. ForsingFrom: Alan Rezek, AM/MIC NWSFO

Charleston, WV; Kenneth Haydu, MICNWSO Cincinnati, OH


After reviewing the attacheddocumentation, we have determined, in ourprofessional judgement, consolidation of theHuntington Weather Service Office (WSOHTS) with the future Charleston andCincinnati Weather Forecast Offices (WFOs)will not result in any degradation in weatherservices to the Huntington service area. Thisproposed certification is in accordance withthe advance notification provided in theNational Implementation Plan. Accordingly,we are recommending you approve thisaction in accordance with section 706 ofPublic Law 102–567. If you concur, pleaseendorse this recommendation and forwardthis package to the Assistant Administratorfor Weather Services for final certification. IfDr. Friday approves, he will forward thecertification to the Secretary for approval andtransmittal to Congress.


1. A description of local weathercharacteristics and weather-related concernsaffecting the weather services provided in theHuntington service area is included asattachment A. As discussed below, we findthat providing the services which addressthese characteristics and concerns from thefuture Charleston and Cincinnati WFOs, willnot degrade these services.

2. A detailed list of the services currentlyprovided within the Huntington service area


from the WSO HTS location and list ofservices to be provided from the futureCharleston and Cincinnati WFO locationsafter the proposed consolidation is includedas attachment B. Comparison of theseservices shows that all services currentlyprovided will continue to be provided afterthe proposed consolidation. Also, theenclosed map shows the WSO HTS Area ofResponsibility (i.e. ‘‘Affected Service Area’’)and the future WFO Charleston Area ofResponsibility. As discussed below, we findthat there will be no degradation in thequality of these services as a result of theconsolidation.

3. A description of the recent or expectedmodernization of National Weather Service(NWS) operations which will enhanceservices in the WSO HTS service area isincluded as attachment C. The newtechnology (i.e. ASOS, WSR–88D, andAWIPS) has or will be installed and willenhance services.

4. A map showing planned NEXRADcoverage at an elevation of 10,000 feet forWest Virginia and portions of surroundingareas is included as attachment D. NWSoperational radar coverage for the Huntingtonservice area will be increased and no areawill be missed in coverage.


A. The WSR–88D RADAR CommissioningReports from the Charleston and Cincinnatiareas, attachment E, validate that the WSR–88Ds meet technical specifications(acceptance test); are fully operational(satisfactory operation of system interfacesand satisfactory support of associated NWSforecasting and warning services); servicebackup capabilities are functioning properly;a full set of operations and maintenancedocumentation is available; and spare partsand test equipment and trained operationsand maintenance personnel are available onsite. Training was completed but twonational work-arounds remain in effect.

B. The User Confirmation of Services fromthe future Charleston and Cincinnati WFOareas, attachment F, document that a total ofeight comments required follow-up. Allnegative comments have been answered tothe satisfaction of the users as reflected in thereport.

C. The Decommissioning Readiness Report,attachment G, is not necessary as WSO HTSdoes not have a radar.

6. A memorandum assigning the liaisonofficer for the Huntington service area isincluded at attachment H.

We have considered recommendations ofthe Modernization Transition Committee(attachment I) and the llllll publiccomments received during the commentperiod (attachment J). Onllllllllll, the Committee votedto endorse the proposed consolidation(attachment K). We believe all negativecomments have been addressed to thesatisfaction of our customers and wecontinue to recommend this certification.

Endorsement



Charleston, WV; Theresa Rossi, AM/MICNWSFO Pittsburgh, PA; James Travers,AM/MIC NWSFO Baltimore, MD/Washington DC


After reviewing the attacheddocumentation, we have determined, in ourprofessional judgment, consolidation of theElkins Weather Service Office (WSO EKN)with the future Charleston, Baltimore, MD/Washington DC and Pittsburgh WeatherForecast Offices (WFOs) will not result inany degradation in weather services to theElkins service area. This proposedcertification is in accordance with theadvance notification provided in the NationalImplementation Plan. Accordingly, we arerecommending you approve this action inaccordance with section 706 of Public Law102–567. If you concur, please endorse thisrecommendation and forward this package tothe Assistant Administrator for WeatherServices for final certification. If Dr. Fridayapproves, he will forward the certification tothe Secretary for approval and transmittal toCongress.


1. A description of local weathercharacteristics and weather-related concernsaffecting the weather services provided in theElkins service area is included as attachmentA. As discussed below, we find thatproviding the services which address thesecharacteristics and concerns from the futureCharleston, Baltimore, MD/Washington DCand Pittsburgh WFOs, will not degrade theseservices.

2. A detailed list of the services currentlyprovided within the Elkins service area fromthe WSO BKW location and list of servicesto be provided from the future Charleston,Baltimore, MD/Washington DC andPittsburgh WFO locations after the proposedconsolidation is included as attachment B.Comparison of these services shows that allservices currently provided will continue tobe provided after the proposed consolidation.Also, the enclosed map shows the WSO EKNArea of Responsibility (i.e. ‘‘Affected ServiceArea’’) and the future WFO Charleston Areaof Responsibility. As discussed below, wefind that there will be no degradation in thequality of these services as a result of theconsolidation.

3. A description of the recent or expectedmodernization of National Weather Service(NWS) operations which will enhanceservices in the WSO EKN service area isincluded as attachment C. The newtechnology (i.e. ASOS, WSR–88D, and

AWIPS) has or will be installed and willenhance services.

4. A map showing planned NEXRADcoverage at an elevation of 10,000 feet forWest Virginia and portions of surroundingareas is included as attachment D. NWSoperational radar coverage for the Elkinsservice area will be increased and no areawill be missed in coverage.


A. The WSR–88D RADAR CommissioningReports from the Charleston, Baltimore, MD/Washington DC and Pittsburgh areas,attachment E, validate that the WSR–88Dsmeet technical specifications (acceptancetest); area fully operational (satisfactoryoperation of system interfaces andsatisfactory support of associated NWSforecasting and warning services); servicebackup capabilities are functioning properly;a full set of operations and maintenancedocumentation is available; and spare partsand test equipment and trained operationsand maintenance personnel are available onsite. Training was completed but twonational work-arounds remain in effect.

B. The User Confirmation of Services fromthe future Charleston, Baltimore, MD/Washington DC and Pittsburgh WFO areas,attachment F, document that a total of tencomments required follow-up. All negativecomments have been answered to thesatisfaction of the users as reflected in thereport.

C. The Decommissioning Readiness Report,attachment G, is not necessary since WSOEKN does not have a radar.

6. A memorandum assigned the liaisonofficer for the Elkins service area is includedat attachment H.


Endorsement



Charleston, WVSubject: Recommendation for Consolidation

CertificationA change of operations occurred at the

Charleston Weather Service Forecast Office(WSFO), located at Yeager Airport, in May1995 when most personnel were transferredto the facility of the future Charleston AreaWeather Forecast Office (WFO) in Ruthdale,


WV to operate the WSR–88D and assumeforecast and warning responsibility for theCharleston service area. At the same time theYeager Airport (CRW) location wasdesignated a Residual Weather Service Office(RWSO) to continue operating the existingWSR–74S radar and taking surface airwaysobservations.

After reviewing the attacheddocumentation, I have determined, in myprofessional judgment, consolidation of theRWSO CRW with the future Charleston AreaWeather Forecast Offices (WFO) will notresult in any degradation in weather servicesto the Charleston service area. This proposedcertification is in accordance with theadvance notification provided in the NationalImplementation Plan. Accordingly, I amrecommending you approve this action inaccordance with section 706 of Public Law102–567. If you concur, please endorse thisrecommendation and forward this package tothe Assistant Administrator for WeatherServices for final certification. If Dr. Fridayapproves, he will forward the certification tothe Secretary for approval and transmittal toCongress.


1. A description of local weathercharacteristics and weather-related concernsaffecting the weather services provided in theCharleston service area is included asattachment A. As discussed below, we findthat providing the services which addressthese characteristics and concerns from thefuture Charleston Area WFO will not degradethese services.

2. A detailed list of the services currentlyprovided within the Charleston service areafrom the RWSO CRW location and a list ofservices to be provided from the futureCharleston WFO location after the proposedconsolidation is included as attachment B.Comparison of these services shows that allservices currently provided will continue tobe provided after the proposed consolidation.Also, the enclosed map shows the RWSOCRW Area of Responsibility (i.e., ‘‘AffectedService Area’’) and the future WFOCharleston Area of Responsibility. Asdiscussed below, I find that there will be nodegradation in the quality of these services asa result of the consolidation.

3. A description of the recent or expectedmodernization of National Weather Service(NWS) operations which will enhanceservices in the RSWO CRW service area isincluded as attachment C. The newtechnology (i.e., ASOS, WSR–88D, andAWIPS) has or will be installed and willenhance services.

4. A map showing planned NEXRADcoverage at an elevation of 10,000 feet forWest Virginia and portions of surroundingareas is included as attachment D. NWSoperational radar coverage for the Charlestonservice area will be increased and no areawill be missed in coverage.


A. The WSR–88D RADAR CommissioningReports from the Charleston area, attachmentE, validate that the WSR–88Ds meet technicalspecifications (acceptance test); are fullyoperational (satisfactory operation of systeminterfaces and satisfactory support ofassociated NWS forecasting and warningservices); service backup capabilities arefunctioning properly; a full set of operationsand maintenance documentation is available;and spare parts and test equipment andtrained operations and maintenancepersonnel are available on site. Training wascompleted but two national work-aroundsremain in effect.

B. The User Confirmation of Services fromCharleston, attachment F, document that fournegative comments were received. Allnegative comments have been answered tothe satisfaction of the users as reflected in thereport.

C. The Decommissioning Readiness Report,attachment G, verifies that the existingCharleston WSR–74S radar is no longerneeded to support services or products forlocal office operations.

6. A memorandum assigned the liaisonofficer for the Charleston service area isincluded at attachment H.

I have considered recommendations of theModernization Transition Committee(attachment I) and the llllll publiccomments received during the commentperiod (attachment J). Onlllllllll, the Committee voted toendorse the proposed consolidation(attachment K). I believe all negativecomments have been addressed to thesatisfaction of our customers and I continueto recommend this certification.



Memorandum For: W/ER—John T. ForsingFrom: Peter Ahnert, MIC NWSO Binghamton,

NY; Bruce Budd, MIC NWSO CentralPennsylvania, PA


After reviewing the attacheddocumentation, we have determined, in ourprofessional judgment, consolidation of theWilkes-Barre Weather Service Office (WSOBKW) with the future Binghamton andCentral Pennsylvania Weather ForecastOffices (WFOs) will not result in anydegradation in weather services to theWilkes-Barre service area. This proposedcertification is in accordance with theadvance notification provided in the NationalImplementation Plan. Accordingly, we arerecommending you approve this action inaccordance with section 706 of Public Law102–567. If you concur, please endorse thisrecommendation and forward this package tothe Assistant Administrator for WeatherServices for final certification. If Dr. Fridayapproves, he will forward the certification tothe Secretary for approval and transmittal toCongress.


1. A description of local weathercharacteristics and weather-related concernsaffecting the weather services provided in theWilkes-Barre service area is included asattachment A. As discussed below, we findthat providing the services which addressthese characteristics and concerns from thefuture Binghamton and Central PennsylvaniaWFOs, will not degrade these services.

2. A detailed list of the services currentlyprovided within the Wilkes-Barre servicearea from the WSO BKW location and list ofservices to be provided from the futureBinghamton and Central Pennsylvania WFOlocations after the proposed consolidation isincluded as attachment B. Comparison ofthese services shows that all servicescurrently provided will continue to beprovided after the proposed consolidation.Also, the enclosed map shows the WSO AVPArea of Responsibility (i.e. ‘‘Affected ServiceArea’’) and the future WFO Binghamton Areaof Responsibility. As discussed below, wefind that there will be no degradation in thequality of these services as a result of theconsolidation.

3. A description of the recent or expectedmodernization of National Weather Service(NWS) operations which will enhanceservices in the WSO AVP service area isincluded as attachment C. The newtechnology (i.e. ASOS, WSR–88D, andAWIPS) has or will be installed and willenhance services.

4. A map showing planned NEXRADcoverage at an elevation of 10,000 feet forPennsylvania and portions of surroundingareas is included as attachment D. NWSoperational radar coverage for the Wilkes-Barre service area will be increased and noarea will be missed in coverage.


A. The WSR–88D RADAR CommissioningReports from the Binghamton and CentralPennsylvania areas, attachment E, validatethat the WSR–88Ds meet technicalspecifications (acceptance test); are fullyoperational (satisfactory operation of systeminterfaces and satisfactory support ofassociated NWS forecasting and warningservices); service backup capabilities arefunctioning properly; a full set of operationsand maintenance documentation is available;and spare parts and test equipment andtrained operations and maintenancepersonnel are available on site. Training wascompleted but two national work-aroundsremain in effect.

B. The User Confirmation of Services fromthe future Binghamton and CentralPennsylvania WFO areas, attachment F,document that a total of eleven commentsrequired follow-up. All negative commentshave been answered to the satisfaction of theusers as reflected in the report.

C. The Decommissioning Readiness Report,attachment G, is not necessary as WSO AVPdoes not have a radar.


6. A memorandum assigning the liaisonofficer for the Wilkes-Barre service area isincluded at attachment H.




Four Falcon DrivePeachtree City, GA 30269(date)Memorandum For: Harry S. Hassel, Director,

Southern RegionFrom: Carlos Garza, Jr., AM/MIC NWSFO

Atlanta, GASubject: Recommendation for Consolidation

CertificationA change of operations occurred at the

Atlanta Weather Service Forecast Office(WSFO) in April 1994, when most personnelwere transferred to the facility of the futureAtlanta Weather Forecast Office (WFO) inPeachtree City, Georgia, to operate the WSR–88D and assume forecast and warningresponsibility for the Atlanta service area.The office at the original WSFO location wasdesignated a Residual Weather Service Office(RWSO) and continued to be the site forrecording surface observations and operatingthe WSR–74C.

Based on the attached documentation andmy professional judgment, I have determinedthat consolidation of the RWSO Altanta withthe future WFO Atlanta will not result in anydegradation in weather services to theAtlanta service area. This proposedcertification is in accordance with theadvance notification provided in the NationalImplementation Plan. Accordingly, I amrecommending that you approve this actionin accordance with Section 706 of PublicLaw 102–567. If you concur, please endorsethis recommendation and forward thispackage to the Assistant Administrator forWeather Services for final certification. If Dr.Friday approves, he will forward thecertification to the Secretary of Commerce forapproval and transmittal to Congress.


1. A description of local weathercharacteristics and weather-related concernsaffecting the weather services provided in theAtlanta service area is included asAttachment A. As discussed below, I findthat providing the services from WFO Atlantawhich address these characteristics andconcerns will not degrade these services.

2. A detailed list of services currentlyprovided within the Atlanta service area fromthe RWSO Atlanta location and a list ofservices to be provided from the WFOAtlanta location after consolidation isincluded in Attachment B. Comparison ofthese services shows that all servicescurrently provided will continue to beprovided after the proposed consolidation.The enclosed map shows the old Atlanta areaof responsibility (i.e., ‘‘affected service area’’)and the new future WFO Atlanta area ofresponsibility. As discussed below, I findthat there will be no degradation in thequality of these services as a result of theconsolidation.

3. A description of the recent or expectedmodernization of National Weather Service(NWS) operations which will enhanceservices in the Atlanta service area isincluded as Attachment C. The newtechnology (i.e., ASOS, WSR–88D, andAWIPS) has or will be installed and willenhance services.

4. A map showing planned WSR–88D radarcoverage at an elevation of 10,000 feet overGeorgia is included as Attachment D. NWSoperational radar coverage for the specificservice area will be increased and no areawill be missed in coverage.

5. The following evidence, based uponoperational demonstration of modernizedNWS operations, played a key role inconcluding there will be no degradation ofservice.

a. The WSR–88D Radar CommissioningReport, Attachment E, validates that theWSR–88D meets technical specifications(acceptance test) and is fully operational(satisfactory operation of system interfacesand satisfactory support of associated NWSforecasting and warning services), serviceback-up capabilities are functioning properly,and a full set of operations and maintenancedocumentation is available, and spare partsand test equipment and trained operationsand maintenance personnel are available onsite. Two national work-arounds remain ineffect.

b. The User Confirmation of Services,Attachment F, documents that no negativecomments were received. Additional callswere made to weathercasters in the Atlantametropolitan area to make sure that servicescontinue to conform to national guidelines.All comments expressed satisfaction with ourservices as stated in the Service ConfirmationReport.

c. The Decommissioning Readiness Report,Attachment G, verifies that the existingAtlanta WSR–74C radar is no longer neededto support services or products for localoffice operations.

6. A memorandum assigning the liaisonofficer for the Atlanta service area is includedas Attachment H.

I have considered recommendations of theModernization Transition Committee(Attachment I) and the llllll publiccomments received during the commentperiod (Attachment J). On llllll, theCommittee voted to endorse the proposedconsolidation (Attachment K). I believe allnegative comments have been addressed tothe satisfaction of our customers and Icontinue to recommend this certification.

EndorsementI, Harry S. Hassel, Director, Southern

Region, endorse this consolidationcertification.lllllllllllllllllllllHarry S. HassellllllllllllllllllllllDateAttachments

900 Foggy Bottom Road, Hanford, CA 93230–5236

February 7, 1996.Memorandum for: W/WR—Thomas D. Potter,

Director, Western RegionFrom: Steven W. Mendenhall, MIC, NWSO

San Joaquin Valley, CASubject: Recommendation for Consolidation

CertificationAfter reviewing the attached

documentation, I have determined, in myprofessional judgement, consolidation of theBakersfield Weather Service Office (WSO)with the future San Joaquin Valley WeatherForecast Office (WFO) will not result in anydegradation in weather services to theBakersfield service area. This proposedcertification is in accordance with theadvance notification provided in the NationalImplementation Plan. Accordingly, I amrecommending you approve this action inaccordance with section 706 of Public Law102–567. If you concur, please endorse thisrecommendation and forward this package tothe Assistant Administrator for WeatherServices for final certification. If Dr. Fridayapproves, he will forward the certification tothe Secretary for approval and transmittal toCongress.


1. A description of local weathercharacteristics and weather-related concernsaffecting the weather services provided in theBakersfield service area is included asattachment A. As discussed below, I find thatproviding the services which address thesecharacteristics and concerns from the futureSan Joaquin Valley WFO will not degradethese services.

2. A detailed list of the services currentlyprovided within the Bakersfield service areafrom the Bakersfield WSO location and a listof services to be provided from the future SanJoaquin Valley WFO after consolidation isincluded as attachment B. Comparison ofthese services shows that all servicescurrently provided will continue to beprovided after the proposed consolidation.Also, the enclosed map shows the WSOBakersfield Area of Responsibility (i.e.‘‘Affected Service Area’’), and the futureWFO San Joaquin Valley Area ofResponsibility. As discussed below, I findthat there will be no degradation in thequality of these services as a result of theconsolidation.

3. A description of the recent or expectedmodernization of National Weather Service(NWS) operations which will enhanceservices in the WSO Bakersfield service areais included as attachment C. The newtechnology (i.e. ASOS, WSR–88D, and


AWIPS) has or will be installed and willenhance services.

4. A map showing planned NEXRADcoverage at an elevation of 10,000 feet forCalifornia is included as attachment D. NWSoperational radar coverage for the Bakersfieldservice area will be increased and no areawill be missed in coverage.

5. The following evidence, based uponoperational demonstration of modernizedNWS operations, played a key role inconcluding there will be no degradation ofservice.

A. The WSR–88D RADAR CommissioningReport, attachment E, validates that theWSR–88D meets technical specifications(acceptance test); is fully operational(satisfactory operation of system interfacesand satisfactory support of associated NWSforecasting and warning services); servicebackup capabilities are functioning properly;a full set of operations and maintenancedocumentation is available; and spare partsand test equipment and trained operationsand maintenance personnel are available onsite. Training was completed, but onenational workaround remains in effect.

B. The User Confirmation of Services,attachment F, documents that one negativecomment was received, but did not impactthe WSO Bakersfield service area. Thisnegative comment was answered to thesatisfaction of the commentor, as stated inthe User Confirmation of Services Report.

C. The Decommissioning Readiness Report,attachment G, is not needed as there is noradar to decommission at Bakersfield.

6. A memorandum assigning the liaisonofficer for the Bakersfield service area isincluded as attachment H.

I have considered recommendations of theModernization Transition Committee(Committee) (attachment I) and thellllll public comments receivedduring the comment period (attachment J).On llllllllll the Committeevoted to endorse the proposed consolidation(attachment K). I believe all negativecomments have been addressed to thesatisfaction of our customers and I continueto recommend this certification.

Endorsement

I, Thomas D. Potter, Director, WesternRegion, endorse this consolidationcertification.lllllllllllllllllllllThomas D. PotterlllllllllllllllllllllDateAttachments

Memorandum For: Thomas D. Potter,Director, Western Region

From: Larry Jensen, MIC, NWSO Las Vegas,NV


A change of operations occurred at the LasVegas Weather Service Office (WSO) inMarch 1995. During this month, mostpersonnel were transferred to the new facilityof the future Las Vegas Weather ForecastOffice (WFO) in Las Vegas, Nevada to operatethe WSR–88D, and assume forecast andwarning responsibility for the Las Vegas

service area. At that same time, the originalWSO office was designated a ResidualWeather Service Office (RWSO) to continueoperating the WSR–74C.

After reviewing the attacheddocumentation, I have determined, in myprofessional judgment, consolidation of theLas Vegas Residual Weather Service Office(RWSO) with the future Las Vegas WeatherForecast Office (WFO) will not result in anydegradation in weather services to the LasVegas service area. This proposedcertification is in accordance with theadvance notification provided in the NationalImplementation Plan. Accordingly, I amrecommending you approve this action inaccordance with section 706 of Public Law102–567. If you concur, please endorse thisrecommendation and forward this package tothe Assistant Administrator for WeatherServices for final certification. If Dr. Fridayapproves, he will forward the certification tothe Secretary for approval and transmittal toCongress.


1. A description of local weathercharacteristics and weather-related concernsaffecting the weather services provided in theLas Vegas service area is included asattachment A. As discussed below, I find thatproviding the services which address thesecharacteristics and concerns from the futureLas Vegas WFO will not degrade theseservices.

2. A detailed list of the services currentlyprovided within the Las Vegas service areafrom the Las Vegas WSO location and a listof services to be provided from the future LasVegas WFO after consolidation is included asattachment B. Comparison of these servicesshows that all services currently providedwill continue to be provided after theproposed consolidation. Also, the enclosemap shows the WSO Las Vegas Area ofResponsibility (i.e. ‘‘Affected Service Area’’)and the future WFO Las Vegas Area ofResponsibility.

Endorsement

I, Thomas D. Potter, Director, WesternRegion, endorse this consolidationcertification.lllllllllllllllllllllThomas D. PotterlllllllllllllllllllllDateAttachments


COMMITTEE FOR PURCHASE FROMPEOPLE WHO ARE BLIND ORSEVERELY DISABLED

Procurement List; Proposed Additions

AGENCY: Committee for Purchase FromPeople Who Are Blind or SeverelyDisabled.

ACTION: Proposed Additions toProcurement List.

SUMMARY: The Committee has receivedproposals to add to the Procurement Listcommodities and services to befurnished by nonprofit agenciesemploying persons who are blind orhave other severe disabilities.COMMENTS MUST BE RECEIVED ON ORBEFORE: April 29, 1996.ADDRESSES: Committee for PurchaseFrom People Who Are Blind or SeverelyDisabled, Crystal Square 3, Suite 403,1735 Jefferson Davis Highway,Arlington, Virginia 22202–3461.FOR FURTHER INFORMATION CONTACT:Beverly Milkman (703) 603–7740.SUPPLEMENTARY INFORMATION: Thisnotice is published pursuant to 41U.S.C. 47(a)(2) and 41 CFR 51–2.3. Itspurpose is to provide interested personsan opportunity to submit comments onthe possible impact of the proposedactions.

If the Committee approves theproposed additions, all entities of theFederal Government (except asotherwise indicated) will be required toprocure the commodities and serviceslisted below from nonprofit agenciesemploying persons who are blind orhave other severe disabilities. I certifythat the following action will not havea significant impact on a substantialnumber of small entities. The majorfactors considered for this certificationwere:

1. The action will not result in anyadditional reporting, recordkeeping orother compliance requirements for smallentities other than the smallorganizations that will furnish thecommodities and services to theGovernment.

2. The action does not appear to havea severe economic impact on currentcontractors for the commodities andservices.

3. The action will result inauthorizing small entities to furnish thecommodities and services to theGovernment.

4. There are no known regulatoryalternatives which would accomplishthe objectives of the Javits-Wagner-O’Day Act (41 U.S.C. 46–48c) inconnection with the commodities andservices proposed for addition to theProcurement List.

Comments on this certification areinvited. Commenters should identify thestatement(s) underlying the certificationon which they are providing additionalinformation.

The following commodities andservices have been proposed foraddition to Procurement List for


production by the nonprofit agencieslisted:

CommoditiesPad, Energy Dissipating

1670–00–753–3928NPA: Tarrant County Association for the

Blind, Fort Worth, TexasStrap, Shoring Assembly

5340–03–000–93825340–03–000–93835340–03–000–93845340–03–000–9385NPA: Mississippi Industries for the Blind,

Jackson, MississippiTape, Pressure-Sensitive Adhesive

7510–00–680–23957510–00–680–24507510–00–680–24707510–00–680–24717510–00–680–87847510–00–680–4963NPA: Cincinnati Association for the Blind,

Cincinnati, Ohio

Services

Janitorial/Custodial, Basewide (excludingSijan Hall, Vandenberg Hall, FairchildHall, Harmon Hall and the CadetChapel), U.S. Air Force Academy,Colorado

NPA: Goodwill Industrial ServicesCorporation, Colorado Springs, Colorado

Janitorial/Custodial, Federal Bureau ofInvestigation Headquarters Building,10th & Pennsylvania Avenue, NW.,Washington, DC

NPA: Melwood Horticultural TrainingCenter, Upper Marlboro, Maryland

Janitorial/Custodial, Defense NationalStockpile Depot, Amsterdam Avenue,Scotia, New York

NPA: Schenectady County Chapter,NYSARC, Scotia, New York

Janitorial/Grounds Maintenance, Departmentof Energy, Western Area PowerAdministration, 114 Parkshore Drive,Folsom, California

NPA: PRIDE Industries, Roseville,California

E.R. Alley, Jr.,Deputy Executive Director.[FR Doc. 96–7752 Filed 3–28–96; 8:45 am]BILLING CODE 6353–01–M

DEPARTMENT OF DEFENSE

Department of the Air Force

Proposed Collection; CommentRequest

AGENCY: Department of the Air Force,Department of Defense MedicalExamination Review Board.ACTION: Notice.

In compliance with Section3506(c)(2)(A) of the PaperworkReduction Act of 1995, the Departmentof Defense Medical Examination ReviewBoard announces the proposed publicinformation collection and seeks public

comment on the provisions thereof.Comments are invited on; (a) whetherthe proposed collection of informationis necessary for the proper performanceof the functions of the agency, includingwhether the information shall havepractical utility; (b) the accuracy of theagency’s estimate of the burden of theproposed information collection; (c)ways to enhance the quality, utility, andclarity of the information to becollected; and (d) ways to minimize theburden of the information collection onrespondents, including through the useof automated collection techniques orother forms of information technology.DATES: Consideration will be given to allcomments received by May 28, 1996.ADDRESSES: Written comments andrecommendations on the proposedinformation collection should be sent toDepartment of Defense MedicalExamination Review Board (DoDMERB),8034 Edgerton Drive, Suite 132, USAFAcademy CO 80840–2200, ATTN:CMSgt Darrell W. Cornett.FOR FURTHER INFORMATION CONTACT:To request more information on thisproposed information collection or toobtain a copy of the proposal andassociated collection instruments,please write to the above address, or callDoDMERB at (719) 472–3560.

Title and Associated Forms: MedicalExamination Review Board (DoDMERB)Report of Medical Examination, DDForms 2351, 2370, 2372, 2374, 2375,2378, 2379, 2380, 2381, 2382, 2383,2480, 2489, and 2492.

Needs and Uses: The informationcollection requirement is necessary todetermine the medical qualification ofapplicants to the five Service academies,the Four Year Reserve Officer TrainingCorps Scholarship Program, UniformedServices University of the HealthSciences, and the Army, Navy, and AirForce Scholarship Program. Thecollection of medical history of eachcandidate is used to determine ifapplicants meet medical standardsoutlined in Department of DefenseDirective 6130.3, Physical Standards forAppointment, Enlistment andInduction.

Affected Public: Individuals orHouseholds.

Annual Burden Hours: 19,500.Number of Respondents: 19,500.Responses Per Respondent: 1.Average Burden Per Response: 60

Minutes.Frequency: On occasion.


Summary of Information CollectionRespondents are individuals who are

interested in applying to attend one of

the five Service academies, the Fouryear Reserve Officer Training CorpsScholarship Program, UniformedServices University of the HealthSciences or Army, Navy, and Air ForceScholarship Programs. The completedform(s) is processed through medicalreviewers representing their respectiveservices to determine a medicalqualification status. Associated formsmay or may not be required dependingon the medical information contained inthe medical examination. If the medicalexamination and necessary associatedforms are not accomplished, individualsreviewing the medical qualificationstatus cannot be readily assured of themedical qualifications of the individual.Without this process the individualapplying to any of these programs couldnot have the medical qualificationdetermination essential to ensurecompliance with the physical standardsestablished for the respective militaryservice program.Patsy J. Conner,Air Force Federal Register Liaison Officer.[FR Doc. 96–7711 Filed 3–28–96; 8:45 am]BILLING CODE 3910–01–M

DEPARTMENT OF ENERGY

Environmental Management Site-Specific Advisory Board, Departmentof Energy/Los Alamos NationalLaboratory

AGENCY: Department of Energy.ACTION: Notice of open meeting.

SUMMARY: Pursuant to the provisions ofthe Federal Advisory Committee Act(Pub. L. 92–463, 86 Stat. 770) notice ishereby given of the following AdvisoryCommittee meeting: EnvironmentalManagement Site-Specific AdvisoryBoard (EM SSAB), Los Alamos NationalLaboratory.DATES: Tuesday, April 9, 1996: 6:30p.m.–9:30 p.m.; 9:00 p.m. to 9:30 p.m.(public comment session).ADDRESSES: Pojoaque Pueblo TribalOffice Council Chambers, Rt. 11, Box71, Santa Fe, New Mexico 87501, 505–455–2278.FOR FURTHER INFORMATION CONTACT: Ms.Kimberly Roybal, Los Alamos NationalLaboratory Citizens’ Advisory BoardSupport, Northern New MexicoCommunity College, 1002 Onate Street,Espanola, NM 87352, (800) 753–8970, or(505) 753–8970.SUPPLEMENTARY INFORMATION: Purpose ofthe Board: The purpose of the AdvisoryBoard is to make recommendations toDOE and its regulators in the areas of


environmental restoration, wastemanagement, and related activities.

Tentative Agenda

Tuesday, April 9, 1996

6:30 p.m.—Call to Order and Welcome7:00 p.m.—Work Plan Discussion9:00 p.m.—Public Comment9:30 p.m.—Adjourn

Public Participation: The meeting isopen to the public. Written statementsmay be filed with the Committee eitherbefore or after the meeting. Individualswho wish to make oral statementspertaining to agenda items shouldcontact Ms. Lisa Roybal, at thetelephone number listed above.Requests must be received 5 days priorto the meeting and reasonable provisionwill be made to include the presentationin the agenda. The Designated FederalOfficial is empowered to conduct themeeting in a fashion that will facilitatethe orderly conduct of business.

Minutes: The minutes of this meetingwill be available for public review andcopying at the Freedom of InformationPublic Reading Room, 1E–190, ForrestalBuilding, 1000 Independence Avenue,SW., Washington, DC 20585 between9:00 a.m. and 4 p.m., Monday–Friday,except Federal holidays. Minutes willalso be available by writing to HermanLe-Doux, Department of Energy, LosAlamos Area Office, 528 35th Street, LosAlamos, NM 87185–5400.

Issued at Washington, DC on March 25,1996.Rachel M. Samuel,Acting Deputy Advisory CommitteeManagement Officer.[FR Doc. 96–7740 Filed 3–28–96; 8:45 am]BILLING CODE 6450–01–P

Eclipse Energy Systems Inc.

AGENCY: Department of Energy, Office ofthe General Counsel.ACTION: Notice of Intent to GrantExclusive Patent License.

SUMMARY: Notice is hereby given of anintent to grant to Eclipse EnergySystems Inc., of Tampa, FL, anexclusive license to practice theinvention described in U.S. Patent No.4,687,560, entitled ‘‘Method ofSynthesizing a Plurality of Reactantsand Producing Thin Films of Electro-Optically Active Transition MetalOxides.’’ The invention is owned by theUnited States of America, as representedby the Department of Energy (DOE).DATES: Written comments ornonexclusive license applications are tobe received at the address listed belowno later than May 28, 1996.

ADDRESSES: Office of Assistant GeneralCounsel for Technology Transfer andIntellectual Property, U.S. Departmentof Energy, 1000 Independence Avenue,SW., Washington, DC 20585.

FOR FURTHER INFORMATION: Robert J.Marchick, Office of the AssistantGeneral Counsel for TechnologyTransfer and Intellectual Property, U.S.Department of Energy, ForrestalBuilding, Room 6F–067, 1000Independence Avenue, 20585;Telephone (202) 586–4792.

SUPPLEMENTARY INFORMATION: 35 U.S.C.209(c) provides the Department withauthority to grant exclusive licenses inDepartment-owned inventions, where adetermination can be made, amongother things, that the desired practicalapplication of the invention has notbeen achieved, or is not likelyexpeditiously to be achieved, under anonexclusive license. The statute andimplementing regulations (37 C.F.R.404) require that the necessarydeterminations be made after publicnotice and opportunity for filing writtenobjections.

Eclipse Energy Systems Inc., ofTampa, FL, has applied for an exclusivelicense to practice the inventionembodied in U.S. Patent No. 4,687,560,and has a plan for commercialization ofthe invention.

The exclusive license will be subjectto a license and other rights retained bythe U.S. Government, and other termsand conditions to be negotiated. DOEintends to grant the license, upon a finaldetermination in accordance with 35U.S.C. 209(c), unless, within 60 days ofthis notice, the Assistant GeneralCounsel for Technology Transfer andIntellectual Property, Department ofEnergy, Washington, DC 20585, receivesin writing any of the following, togetherwith supporting documents:

(i) A statement from any personsetting forth reasons why it would notbe in the best interests of the UnitedStates to grant the proposed license; or

(ii) An application for a nonexclusivelicense to the invention, in whichapplicant states that he already hasbrought the invention to practicalapplication or is likely to bring theinvention to practical applicationexpeditiously.

The Department will review all timelywritten responses to this notice, andwill grant the license if, afterconsideration of written responses tothis notice, a determination is made,that the license grant is in the publicinterest.

Issued in Washington, DC, on March 22,1996.Agnes P. Dover,Deputy General Counsel.

March 21, 1996.Action: Publication in Federal Register of

Notice of Intent to Grant ExclusivePatent License (Re: U.S. Patent No.4,687,560

Agnes P. Dover,Deputy General Counsel for Technology

Transfer and Procurement

Background and Discussion35 U.S.C. 209(c) provides the Department

with authority to grant exclusive or partiallyexclusive licenses in Department-ownedinventions, where a determination can bemade, among other things, that the desiredpractical application of the invention has notbeen achieved, or is not likely expeditiouslyto be achieved, under a nonexclusive license.The statute and implementing regulationsrequire that the necessary determinations tobe made after public notice and opportunityfor filing written objections.

Eclipse Energy Systems, Inc., of Tampa,Florida, has applied for an exclusive licenseform commercial practice of U.S. Patent No.4,687,560, entitled ‘‘Method of Synthesizinga Plurality of Reactants and Producing ThinFilms of Electro-Optically Active TransitionMetal Oxides.’’ A memorandum which morefully discusses the present licenseapplication is attached.

This Action Memorandum transmits forsignature of the Deputy General Counsel andPublication in the Federal Register a noticeof intent to grant an exclusive license to thenamed applicant. The notice provides for a60-day period during which the public maybring forth information as to why theproposed exclusive license would not be inthe public interest.

RecommendationWe recommend that the Deputy General

Counsel sign and forward for publication theattached Federal Register notice of intent togrant an exclusive patent license.Paul A. Gottlieb,Assistant General Counsel for TechnologyTransfer and Intellectual Property.[FR Doc. 96–7736 Filed 3–28–96; 8:45 am]BILLING CODE 6450–01–P

Bonneville Power Administration

Policy on Excess Federal Power

AGENCY: Bonneville PowerAdministration (Bonneville),Department of Energy (DOE).ACTION: Proposed policy and request forcomment.

SUMMARY: As part of the 1996 Energyand Water Development AppropriationsAct (Public Law 104–46 or P.L. 104–46),Congress passed legislation thatprovides new marketing authority toBonneville. Section 508 (a) and (b) of


1 H.R. 1905, Conf. Rep. No. 293, 104th Cong., 1stSess. 94 (1995).

2 The Act of August 31, 1964, Pub. L. No. 88–552,§ 3 (a), (b), and (c), 78 Stat. 756 (1964).

3 The Bonneville Project Act of 1937, Pub. L. No.75–329, § 5(a), 50 Stat. 731 (1937).

4 Additional public meetings may be held, ifnecessary.

P.L. 104–46, provides the Administratorof Bonneville (the Administrator) newauthority to market a category of surplusfederal power called ‘‘excess federalpower’’ without certain statutoryrestrictions. The Administrator’s policyimplementing this new marketingauthority could potentially impactregional and out-of-region customersand other utilities. In the interests of afair and workable policy, and to ensurethe success of the new legislation,Bonneville seeks public comment on itsproposed implementation policy.DATES: Comments must be received byMay 28, 1996.ADDRESSES: Comments should beaddressed to David J. Armstrong—MPF,Bonneville Power Administration, P.O.Box 3621, Portland, OR 97208–3621,phone number 503–230–3658, faxnumber 503–230–7568.


Background and PurposeSection 508(a)(3) of P.L. 104–46

provides in general that the term‘‘excess federal power’’ means suchelectric power that has become surplusto the firm contractual obligations of theAdministrator under section 5(f) of thePacific Northwest Electric PowerPlanning and Conservation Act (16U.S.C. 839c(f)) due to either: anyreduction in the quantity of electricpower that the Administrator iscontractually required to supply undersubsections (b) and (d) of section 5 ofthe Pacific Northwest Electric PowerPlanning and Conservation Act (16U.S.C. 839c), due to the election bycustomers of the Bonneville PowerAdministration to purchase electricpower from other suppliers, ascompared to the quantity of electricpower that the Administrator wascontractually required to supply as ofJanuary 1, 1995; or those operations ofthe Federal Columbia River PowerSystem that are primarily for the benefitof fish and wildlife affected by thedevelopment, operation, or managementof the system.

Section 508(b) provides in generalthat notwithstanding section 2,subsections (a), (b), and (c) of section 3,and section 7 of P.L. 88–552 (16 U.S.C.837a, 837b, and 837f), and section 9(c)of the Pacific Northwest Electric PowerPlanning and Conservation Act (16U.S.C. 839f(c)), the Administrator may,as permitted by otherwise applicablelaw, sell or otherwise dispose of excessfederal power: outside the PacificNorthwest on a firm basis for a contractterm not to exceed 7 years, if the excessfederal power is first offered for areasonable period of time and under the

same essential rate, terms andconditions to those Pacific Northwestpublic body, cooperative and investor-owned utilities and those direct serviceindustrial customers identified insubsection (b) or (d)(1)(A) of section 5of the Pacific Northwest Electric PowerPlanning and Conservation Act (16U.S.C. 839c); and in any region withoutthe prohibition on resale established bythe second sentence of section 5(a) ofthe Act entitled ‘‘An Act to Authorizethe Completion, Maintenance, andOperation of the Bonneville Project forNavigation, and for Other Purposes,’’approved August 20, 1937 (commonlyknown as the ‘‘Bonneville Project Act of1937’’) (16 U.S.C. 832d(a)).

In the conference reportaccompanying this new legislation,1Congress recognized that currentBonneville authorizing legislationseverely limits the agency’s flexibility tomarket federal power placing it at amarketing disadvantage and restrictingpotential revenues. In order to increaseBonneville’s revenues and itscompetitiveness, Congress enacted thisnew legislation which removes some ofthose marketing restrictions from salesof excess federal power. Excess federalpower is any power generated byroutine power operations, or fish andwildlife operations of either the FederalColumbia River Power System or otherelectric power plants from whichBonneville is contractually obligated toacquire electric power and that is madesurplus to the Administrator’s firmrequirements contractual obligations intwo instances: (1) By requirementscustomers decisions to remove loadfrom Bonneville; or (2) because ofhydrosystem operations primarily forthe benefit of fish and wildlife affectedby the development, operation, ormanagement of the system.

This excess federal power can be soldor otherwise disposed of outside theregion for up to 7 years without theRegional Preference Act call backprovisions upon 60-days notice forenergy sales and 60-months notice forcapacity sales.2 This power also can besold in any region without theBonneville Project Act restriction on theresale of federal power by privateentities not in the business of sellingpower in the retail market.3 In addition,the existing requirement that Bonnevilleprovide notice to existing regionalcustomers is made more flexible forsales of excess federal power to reflect

the current competitive market and thetype of transaction. In all cases,however, Bonneville must first offer theexcess federal power to regionalcustomers for a reasonable period oftime and under the same essential rate,terms and conditions as the proposedout-of-region sales.

It is Bonneville’s preliminary view asa matter of policy that Bonnevilleshould make retail sales outside thePacific Northwest region to purchasers,other than preference customers andfederal agencies, only where such salesare consistent with the state law thatwould apply if Bonneville were not afederal agency. Bonneville specificallyseeks comment on this policy.

ProcessThis notice announces Bonneville’s

initiation of a procedure to establishpolicy on the implementation of thenew marketing authority in P.L. 104–46.Bonneville is interested in and will takepublic comment on the attachedproposed implementation policy. Allcomments should be submitted beforeMay 28, 1996 to be considered prior toissuance of a final policy. Submitwritten comments to David J.Armstrong—MPF, Bonneville PowerAdministration, P.O. Box 3621,Portland, OR 97208–3621. Bonnevillewill conduct two public meetings, onein the Pacific Northwest region and oneoutside the region.4 After close of thepublic comment period, Bonneville willevaluate all comments and issue a finalimplementation policy.

General ApproachBonneville intends the scope of this

policy making to be limited to thedevelopment of a policy necessary toimplement the relevant provisions ofP.L. 104–46; including processes andspecific determinations required to bemade of the amount of excess federalpower as defined by this law, and hownotice will be provided to PacificNorthwest customers of extraregionalsales of excess federal power.

Bonneville believes that this proposalis fully consistent with the letter andintent of P.L. 104–46. In proposinginterpretations of and processes forimplementing P.L. 104–46, Bonnevilleis proposing those that result in themost efficient, simple, straight-forward,and administratively least-burdensomeimplementation of the law.

Determination of Excess Federal PowerSection 508(a)(3) of P.L. 104–46

defines excess federal power as federal


5 Pacific Northwest Electric Power Planning andConservation Act, Pub. L. No. 96–501, § 5(f), 94Stat. 2697 (1980). Section 5(f) of the NorthwestPower Act provides: The Administrator isauthorized to sell, or otherwise dispose of, electricpower, including power acquired pursuant to thisand other Acts, that is surplus to his obligationsincurred pursuant to subsections (b), (c), and (d) ofthis section in accordance with this and other Actsapplicable to the Administrator, including theBonneville Project Act of 1937 (16 U.S.C. 832 andfollowing), the Federal Columbia RiverTransmission System Act (16 U.S.C. 838 andfollowing), and the Act of August 31, 1964 (16U.S.C. 837–837h).

6 All of the investor-owned utilities in the regionhave signed long-term firm power sales contractsthat obligate Bonneville, upon compliance withcertain notice requirements, to deliver power inamounts requested by the investor-owned utilitiesto meet a portion of their loads in the region. Theseutilities have not elected to place loads onBonneville under these agreements, with theexception of a relatively small amount of electricpower loads placed on Bonneville under the NewResource Firm Power Rate schedule(s). Theseobligations will be included in the determination ofexcess federal power due to load reductions.

7 ‘‘Pacific Northwest’’ as defined in the RegionalPreference Act, 1(b), 78 Stat. 756, as amended byPacific Northwest Electric Power Planning andConservation Act, 8(e), 94 Stat. 2729.

8 As of January 1,1995, Grant County PUD No. 2,Chelan County PUD No. 1, Cowlitz County PUD,Douglas County PUD No. 1, Eugene Water andElectric Board, Pend Oreille PUD No. 1, Seattle CityLight, Snohomish County PUD No. 1, TacomaPublic Utilities.

9 Small and Non-Generating Public Utilities,including Federal Agencies.

power made surplus to theAdministrator’s firm contractualobligations under section 5(f) of theNorthwest Power Act 5 in two instances.First, excess federal power includesreductions in the quantity of power theAdministrator is contractually requiredto supply under sections 5(b) and 5(d)of the Northwest Power Act (5(b) and5(d) obligations) because of elections bythe Administrator’s firm requirementscustomers, that is, Pacific Northwestpublic agency, federal agency, investor-owned utility, and direct serviceindustry customers, to purchase powerfrom other suppliers, as compared to theAdministrator’s 5(b) and 5(d)obligations as of January 1, 1995.Second, excess federal power is thatpower made excess due to operation ofthe federal hydrosystem, whethergenerated or purchased, primarily forthe benefit of fish and wildlife affectedby that system.

In order to implement this newmarketing authority, Bonneville mustmake three determinations: (1) theamount of reductions in theAdministrator’s 5(b) and 5(d)obligations relative to those obligationsas of January 1, 1995, which can furtherbe broken into two findings: (a) Theactual amount of the Administrator’s5(b) and 5(d) obligations as of January1, 1995, and (b) a yearly forecast of theAdministrator’s current 5(b) and 5(d)obligations to serve Pacific Northwestfirm requirements power loads; (2) theamount of excess power that resultsfrom operating the hydrosystemprimarily for fish and wildlife; and (3)a process for making annualdeterminations of excess federal power.

1. Reductions in the Administrator’sFirm Contractual Obligations Under 5(b)and 5(d) of the Northwest Power Act

(a) 5(b) and 5(d) Obligations as ofJanuary 1, 1995: Bonneville’scontractual obligations under sections5(b) and 5(d) of the Northwest PowerAct are comprised of and limited to theAdministrator’s sale of firmrequirements power for consumer loadsof public body, cooperative, federalagency customers, investor-owned

utilities,6 and for direct consumption byexisting direct service industrialcustomers in the Pacific Northwest.7 Allother remaining firm contractualobligations are not sales of power for thegeneral requirements of utilitycustomers or direct service industrialcustomers and are not governed bysections 5(b) and 5(d) of the NorthwestPower Act. Therefore these other salesare not included in this determinationof the Administrator’s contractualobligations as of January 1, 1995.

The Administrator’s 5(b) and 5(d)obligations as of January 1, 1995, are theamounts based on the sum of thefollowing calculations:

• Actual and Planned ComputedRequirements Customers: Obligationsfor the actual and planned computedrequirements customers 8 are the annualaverage of the customers’ monthlyenergy requirements in averagemegawatts for calendar year 1994submitted to Bonneville for the PacificNorthwest Coordination Agreement foroperating years 1993–94 and 1994–95.

• Metered Requirements Customers:Obligations for the meteredrequirements customers 9 are thecalendar year 1994 annual average firmenergy sales in average megawatts tothis customer class as reported inBonneville’s Generation and PowerSales Report.

• Direct Service Industrial Customers:Obligations for the direct serviceindustrial customers are the annualaverage of the customers’ monthlyOperating Demands for calendar year1994 submitted to and approved byBonneville for contract years 1993–94and 1994–95.

• Regional Investor-Owned Utilities:Obligations for the investor-ownedutilities are the calendar year 1994annual average sales under the New

Resource Firm Power Rate in averagemegawatts to this customer class asreported in Bonneville’s Generation andPower Sales Report.

Based on the above calculations, theAdministrator’s total 5(b) and 5(d)obligations as of January 1, 1995, were8309 average megawatts. Consistentwith P.L. 104–46, this amount will bethe baseline for all annual calculationsof excess federal power. This is a fixeddetermination and will not change oncethe final implementation policy isissued.

(b) Current Contractual Obligations:Each year Bonneville will determine theAdministrator’s current 5(b) and 5(d)contractual obligations based uponexecuted contracts. In order toaccommodate power deliveries of up to7 years, Bonneville will produce a 10-year annual average energy forecast ofits current 5(b) and 5(d) obligations.

(c) Reductions in ContractualObligations: Reductions in theAdministrator’s 5(b) and 5(d)obligations will be calculated in eachannual determination of excess federalpower. On an average annual energy(average megawatts) basis for each yearof the 10-year forecast period, thereductions in 5(b) and 5(d) obligationswill be the difference between theforecasted current obligation in that yearand the Administrator’s contractualobligation as of January 1, 1995, or 8309average megawatts. In order todetermine the amount of excess capacityavailable for marketing, Bonneville willcalculate an average annual load factorbased on its remaining 5(b) and 5(d)obligations. This load factor will beapplied to the difference between theforecasted current obligations and theobligations as of January 1, 1995, todetermine the amount of capacity inaverage megawatts which theAdministrator may market as excessfederal power.

2. Fish and Wildlife Operations:Bonneville has run two 50-yearcontinuous water year studies todetermine the amount of excessgeneration in average megawatts causedby hydrosystem operations primarily forfish and wildlife. The first studyremoves all fish and wildliferequirements. This study shows the firmenergy production capability of thefederal system in each month. Thesecond study includes all fish andwildlife restrictions and also providesmonthly firm energy production. Eachstudy was run with the rule curves andresource operations which simulate themost efficient operation for theirspecific conditions and limitations. Thedifference in monthly energyproduction between the two studies was


10 The Pacific Northwest Electric Power Planningand Conservation Act, Pub. L. No. 96–501, 9(c), 94Stat. 2697 (1980).

11 Section 2 of the Regional Preference Actprovides that at least 30 days prior to the executionof any contract for the sale, delivery, or exchangeof surplus energy or surplus peaking capacity foruse outside the Pacific Northwest, the Secretaryshall give the then customers of the BonnevillePower Administration written notice thatnegotiations for such a contract are pending, andthereafter, at any customer’s request, make availablefor its inspection current drafts of the proposedcontract.

12 In the conference report, Congress states that‘‘this flexibility may include shorter notice periodsand less detailed information on in-programnegotiations. Notice periods may be very short forshort-term sales (for example, notice toaccommodate hourly sales) and for transactions thatmust be negotiated quickly. BPA may also provideseasonal notice with price ranges requestinginterested parties to contact BPA to purchasepower.’’ H.R. 1905, Conf. Rep. No. 293, 104th Cong.,1st Sess. 94 (1995).

averaged over the 50-year period foreach month. The positive monthlyaverages, representing the increasedgeneration due to fish and wildlifeoperations, were summed to determinethe annual average energy amount inaverage megawatts of excess federalpower due to fish and wildlifeoperations. A 100 percent load factorwas assumed for determining thecapacity amount of excess federal powerdue to fish and wildlife operations. BPArelied on two studies that weredeveloped in support of theimplementation of the BPA fishspending limitation. The results fromthose two studies established an amountof excess federal power due tohydrosystem operations primarily forthe benefit of fish and wildlife of 129average megawatts annually. Unlessfurther changes in the future arerequired in the scope and magnitude ofhydrosystem operations for the benefitof fish and wildlife, this amount ofexcess federal power due to suchoperations will not be revisited in eachannual determination of excess federalpower. If future changes impacthydrosystem operations Bonneville mayrevise the amount of excess federalpower by reopening this policy.

3. Process: Each year Bonneville willdetermine the total amount of excessfederal power on its system. Eachannual determination will be based ona revised 10-year forecast ofBonneville’s then-current section 5(b)and 5(d) contractual obligations. The netof each year’s forecast and 8309 averagemegawatts will be the amount of excessfederal power due to forecastedreductions in those contractualobligations. This amount will be addedto the amount of excess federal powerdue to fish and wildlife obligations inorder to determine the total amount ofexcess federal power that may bemarketed in any year of the forecast.This total amount of excess federalpower will be reduced by the amount ofany current sales of excess federalpower to determine the total amountavailable to the Administrator formarketing. The results of thisdetermination will be included in anannual notification to Bonneville’s thenexisting Pacific Northwest customers ofBonneville’s intent to market excessfederal power or surplus power outsidethe region. Bonneville’s date of issuanceof the notification may vary from yearto year.

Sales of Excess Federal Power1. Sales Outside the Region: In section

508(b) of P.L. 104–46, excess federalpower may be sold or otherwisedisposed of outside the Pacific

Northwest region without the marketingrestrictions contained in sections 3(a),(b) and (c) of the Regional PreferenceAct and section 9(c) of the NorthwestPower Act.10 The Administrator isauthorized to sell excess federal powerwithout the requirement that energy orcapacity deliveries to an out-of-regioncustomer be subject to termination ofdeliveries (recall) upon 60-days noticefor energy and 60-months notice forcapacity if the Administrator determinesit is needed to meet the requirements ofthe Administrator’s regional customers.

In addition, the notice required forout-of-region sales in section 2 of theRegional Preference Act is madeinapplicable to sales of excess federalpower.11 The new law conditions thesale of excess federal power outside theregion upon the requirement that theAdministrator first offer the power toPacific Northwest public body,cooperative, and investor-ownedutilities and direct service industrialcustomers for a reasonable period oftime and under the same essential rate,terms, and conditions. This noticerequirement provides the Administratorwith considerable flexibility inproviding Bonneville’s existing regionalcustomers with notice of sales to out-of-region customers.12

P.L. 104–46 provides theAdministrator with the authority to sellexcess federal power outside the regionfor a period of up to 7 years. In all salesof excess federal power Bonneville willlimit the actual delivery of excessfederal power to 7 years. Such contractsmay contain a provision for renewal andbe renewed, subject to the availability ofexcess federal power at the time thepurchaser must provide a renewalnotice.

An annual notification of theavailability of excess federal power will

be given to existing regional customers.This notification will specify a range ofrates, and basic terms and conditions fora sale of excess federal power on whichBonneville will enter into bilateraldiscussions with out-of-regioncustomers.

For contracts having a term of oneyear or greater, regional customersinterested in purchasing excess federalpower will have 30 days from the dateof the annual notice to contactBonneville. If a subsequent agreementfor the sale of excess federal power toan out-of-region customer is negotiatedunder a rate or under terms andconditions different from the range ofrates, terms, and conditions specified inthe annual notice, Bonneville willprovide interested regional customersnotice of the pending sale. Regionalcustomers interested in purchasingexcess federal power under the samerate, terms and conditions in thepending out-of-region sale will have 5days from the date of this subsequentnotice to contact Bonneville. In order toenter into such an agreement, regionalcustomers must agree to the identicalterms and conditions in the agreementfor pending out-of-region sale, exceptthose which clearly do not apply to theparticular utility (such as points ofdelivery).

For contracts having a duration of lessthan 1 year, the annual notification ofthe availability of excess federal powerwill serve as the only notification of theavailability of excess federal power. Anyinterested regional customers maycontact Bonneville to purchase suchshort-term excess federal power basedon the general rate, terms andconditions proposed by Bonneville inthe annual notification after bilateralnegotiations with Bonneville. If asubsequent agreement for a short termsale of excess federal power to an out-of-region customer is negotiated under arate or under terms and conditionsdifferent from the range of rates, termsand conditions specified in the annualnotice, Bonneville will provideinterested regional customers notice ofthe pending sale. Regional customersinterested in purchasing excess federalpower under the same rate, terms andconditions in the pending out-of-regionsale will have up to 5 days, dependingon the effective delivery date and theduration of the short-term sale, from thedate of this subsequent notice of contactBonneville.

2. Sales in Any Region: Section508(b)(2) authorizes the sale of excessfederal power in any region without therestriction on resale established in thesecond sentence of section 5(a) of theBonneville Project Act which provides


1 18 CFR 385.216.

that contracts for the sale of electricenergy to any private person or agencyother than a privately owned publicutility engaged in selling electric energyto the general public, shall contain aprovision forbidding such privatepurchaser to resell any such electricenergy so purchased to any privateutility or agency engaged in the sale ofelectric energy to the general public,and requiring the immediate cancelingof such contract of sale in the event ofviolation of such provision.

This provision requires that contractsfor the sale of power by theAdministrator to private entities oragencies thereof, other than investor-owned utilities, contain a provision thatprohibits the resale of that power toinvestor owned utilities or other privateentities or their agents engaged in thesale of electricity to the general public.Consistent with the removal of thisrequirement in P.L. 104–46, contractsfor the sale of excess federal power willnot contain any provision prohibitingthe resale of such power to investor-owned utilities or other private entitiesor their agents.

Issued in Washington, D.C. on March 22,1996.Stephen Wright,Assistant Administrator, Bonneville PowerAdministration.[FR Doc. 96–7734 Filed 3–28–96; 8:45 am]BILLING CODE 6450–01–P

Kalispel Tribe Resident Fish Project

AGENCY: Bonneville PowerAdministration (BPA), Department ofEnergy (DOE).ACTION: Notice of Floodplain andWetlands Involvement.

SUMMARY: This notice announces BPA’sproposal to construct a warm water basshatchery and create two bass nurserieson the ‘‘Flying Goose Ranch’’ innortheastern Washington State. Theaction is being undertaken to mitigatepartially for salmon and steelhead lossesincurred as a result of the constructionand operation of Chief Joseph andGrand Coulee dams. The actionproposed within the floodplain of thePend Oreille River is to construct,operate, and maintain water controlstructures to create two bass nurserysloughs adjacent to the Pend OreilleRiver in Pend Oreille County innortheastern Washington. In accordancewith DOE regulations for compliancewith floodplain and wetlandsenvironmental review requirements (10CFR Part 1022), BPA will prepare afloodplain and wetlands assessment andwill perform this proposed action in a

manner so as to avoid or minimizepotential harm to or within the affectedfloodplain and wetlands. Theassessment will be included in theenvironmental assessment beingprepared for the proposed project inaccordance with the requirements of theNational Environmental Policy Act. Afloodplain statement of findings will beincluded in any finding of no significantimpact that may be issued following thecompletion of the environmentalassessment.DATES: Comments are due to the addressbelow no later than April 15, 1996.ADDRESSES: Submit comments to thePublic Involvement and InformationManager, Bonneville PowerAdministration—CKP, P.O. Box 12999,Portland, Oregon 97212. Internetaddress: [email protected] FURTHER INFORMATION, CONTACT:Gene Lynard—ECN, Bonneville PowerAdministration, P.O. Box 3621,Portland, Oregon, 97208–3621, phone503–230–3790, fax 503–230–3212.SUPPLEMENTARY INFORMATION: Thewetlands and floodplain involved arelocated in sections 17, 18, 19 and 20,T34N, R44E, Willamette Meridian.

Maps and further information areavailable from BPA at the addressabove.

Issued in Portland, Oregon, on March 21,1996.Nancy H. Weintraub,Fish and Wildlife Team Lead, Environment,Fish and Wildlife Group.[FR Doc. 96–7741 Filed 3–28–96; 8:45 am]BILLING CODE 6450–01–P

Federal Energy RegulatoryCommission

[Project No. 1417; Project No. 1835]

Central Nebraska Public Power andIrrigation District and Nebraska PublicPower District; Notice of PublicConference

March 25, 1996.In response to a request by the U.S.

Department of the Interior (Interior),FERC staff will host a technicalconference on the questions raised byInterior economists regarding theeconomic analysis in the BiologicalAssessment. The conference isscheduled for April 3, 1996, from 9:00a.m. until 5:00 p.m. in Room No. 3M–2A, located on the third floor of 888First Street NE., Washington, D.C. Ifnecessary, the conference willreconvene at 9:00 a.m. on April 4, 1996.

This conference is neither a hearingnor a settlement conference. It willprovide an opportunity for

representatives of Interior and theCommission staff to raise questions andexchange information concerning theCommission’s economic analysis.Interested parties are welcome to attendand observe the conference, butparticipation will be limited to theCommission and Interior.

Anyone wishing to comment inwriting on the conference must do so nolater than April 17, 1996. Commentsshould be addressed to: Lois D. Cashell,Secretary, Federal Energy RegulatoryCommission, 888 First Street NE.,Washington, D.C. 20426.

Reference should be clearly made to:the Kingsley Dam (Project No. 1417) andNorth Platte/Keystone Diversion Dam(Project No. 1835).

For further information, pleasecontact Frankie Green at (202) 501–7704.Lois D. Cashell,Secretary.[FR Doc. 96–7669 Filed 3–28–96; 8:45 am]BILLING CODE 6717–01–M

[Project No. 3913–001]

Puget Sound Power & Light Company;Notice of Effective Date of Withdrawalof License Application

March 25, 1996.On July 19, 1983, Puget Sound Power

& Light Company (Puget Power) filed alicense application for the proposedThunder Creek Project No. 3913, to belocated on Thunder Creek in SkagitCounty, Washington. On March 4, 1996,Puget Power filed a letter withdrawingits license application. No motion inopposition to the withdrawal was filed,and the Commission took no action todisallow the withdrawal. Accordingly,pursuant to Rule 216 of theCommission’s Rules of Practice andProcedure,1 the withdrawal becameeffective on March 19, 1996.Lois D. Cashell,Secretary.[FR Doc. 96–7668 Filed 3–28–96; 8:45 am]BILLING CODE 6717–01–M

[Project No. 2614–021]

City of Hamilton; Ohio and Kentucky;Notice of Availability of FinalEnvironmental Assessment

March 25, 1996.A final environmental assessment

(FEA) is available for public review. TheFEA is for a license amendmentapplication to relocate a portion of atransmission line for the Greenup


Project. The FEA finds that approval ofthe application would not constitute amajor federal action significantlyaffecting the human environment. TheGreenup Project is located on the OhioRiver in Greenup County, Kentucky andScioto County, Ohio.

The FEA was written by staff in theOffice of Hydropower Licensing,Federal Energy Regulatory Commission.Copies of the FEA are available forreview at the Commission’s PublicReference and Information Center,Room 2–A, 888 First Street NE.,Washington, DC 20426. Copies can alsobe obtained by calling the projectmanager, Jon Cofrancesco at (202) 219–0079.Lois D. Cashell,Secretary.[FR Doc. 96–7671 Filed 3–28–96; 8:45 am]BILLING CODE 6717–01–M

Notice of Application Filed With theCommission

March 25, 1996.Take notice that the following

hydroelectric application has been filedwith the Commission and is availablefor public inspection:

a. Type of Application: Non-projectUse of Project Lands and Waters.

b. Project No.: 184–050.c. Date filed: March 13, 1996.d. Applicant: Pacific Gas and Electric

Company.e. Name of Project: El Dorado Project.f. Location: The project is located on

the South Fork American River in ElDorado and Alpine Counties inCalifornia.

g. Filed pursuant to: Federal PowerAct, 16 U.S.C. § 791(a)–825(r).

h. Applicant Contact: Ms. RhondaShiffman, Pacific Gas and ElectricCompany, P.O. Box 770000, P10A, SanFrancisco, CA 94177, (415) 973–5852.

i. FERC Contact: Jon E. Confrancesco,(202) 219–0079.

j. Comment Date: April 29, 1996.k. Description of Amendment: Pacific

Gas and Electric Company (licensee),proposes to grant permission toKirkwood Associates, Inc. to divertwater from a project reservoir (CaplesLake) for snow making purposes at theKirkwood Ski Resort. The proposalinvolves the construction and operationof a water intake facility at Caples Lakeand the withdrawal of up to 500 acre-feet of water during the ski season. Theproposal is part of the Kirkwood WaterRights and Snowmaking Projectpreviously reviewed by the U.S. ForestService, Alpine County, and otherfederal, state, and local agencies. Duringthe review process, a final

environmental impact report andenvironmental assessment was preparedfor the project. On September 18, 1995,the U.S. Forest Service issued aDecision Notice approving the project.

l. This notice also consists of thefollowing standard paragraphs; B, C1,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, .211, .214.In determining the appropriate action totake, the Commission will consider allprotests or other comments filed, butonly those who file a motion tointervene 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 specifiedcomment date for the particularapplication.

C1. Filing and Service of ResponsiveDocuments—Any filings must bear inall capital letters the title‘‘COMMENTS’’,‘‘RECOMMENDATIONS FOR TERMSAND CONDITIONS’’, ‘‘PROTEST’’, OR‘‘MOTION TO INTERVENE’’, asapplicable, and the Project Number ofthe particular application to which thefiling refers. Any of the above-nameddocuments must be filed by providingthe original and the number of copiesprovided by the Commission’sregulations to: The Secretary, FederalEnergy Regulatory Commission, 888First Street NE., Washington, DC 20426.A copy of any motion to intervene mustalso be served upon each representativeof the Applicant specified in theparticular application.

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.Lois D. Cashell,Secretary.[FR Doc. 96–7667 Filed 3–28–96; 8:45 am]BILLING CODE 6717–01–M

Notice of Application Filed With theCommission

March 25, 1996.Take notice that the following

hydroelectric application has been filed

with the Commission and is availablefor public inspection:

a. Type of Application: Request forCommission Approval to Grant a Permitfor the Construction and Operation of aMarina Facility.

b. Project No.: 1494–116.c. Dated Filed: February 12, 1996.d. Applicant: Grand River Dam

Authority (licensee).e. Name of Project: Pensacola Project.f. Location: The Duck Creek arm of

Grand Lake O’ The Cherokees, DelawareCounty, Afton Oklahoma.

g. Filed Pursuant to Federal PowerAct, 16 U.S.C. 791(a)–825(r).

h. Applicant Contact: Mr. Robert W.Sullivan, Jr., Grand River DamAuthority, P.O. Box 409, Drawer G,Vinita, OK 74301, (918) 256–5545.

i. FERC Contact: Joseph C. Adamson,(202) 219–1040.

j. Comment Date: April 30, 1996.k. Description of Proposed Action:

The licensee requests Commissionapproval to grant a permit to Mr. JohnMullen, d/b/a Thunder Bay Marina forthe construction and operation of amarina facility. The proposed facilityincludes the addition of 151 boat slipsto an existing facility with 3 floatingdocks containing 58 boat slips, for atotal of 209 boat slips.

l. This notice also consists of thefollowing standard paragraphs: B, C1,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, .211, .214.In determining the appropriate action totake, the Commission will consider allprotests or other comments filed, butonly those who file a motion tointervene 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 specifiedcomment date for the particularapplication.

C1. Filing and Service of ResponsiveDocuments—Any filings must bear inall capital letters the title‘‘COMMENTS’’,‘‘RECOMMENDATIONS FOR TERMSAND CONDITIONS’’, ‘‘PROTEST’’, OR‘‘MOTION TO INTERVENE’’, asapplicable, and the Project Number ofthe particular application to which thefiling refers. Any of the above-nameddocuments must be filed by providingthe original and the number of copiesprovided by the Commission’sregulations to: The Secretary, FederalEnergy Regulatory Commission, 888First Street, N.E., Washington, D.C.


20426. A copy of any motion tointervene must also be served upon eachrepresentative of the Applicantspecified in the particular application.

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.Lois D. Cashell,Secretary.[FR Doc. 96–7670 Filed 3–28–96; 8:45 am]BILLING CODE 6717–01–M

[Docket No. CP96–254–000, et al.]

Distrigas of MassachusettsCorporation, et al.; Natural GasCertificate Filings

March 22, 1996.Take notice that the following filings

have been made with the Commission:

1. Distrigas of MassachusettsCorporation

[Docket No. CP96–254–000]Take notice that on March 15, 1996,

Distrigas of Massachusetts Corporation(DOMAC), 75 State Street, Boston,Massachusetts 02109, filed in DocketNo. CP96–254–000, an applicationpursuant to Section 7(c) of the NaturalGas Act and Section 157.7 and Part 157of the Commission’s Regulations for acertificate of public convenience andnecessity to install additionalvaporization capacity and to install andconstruct additional facilitiesappurtenant thereto at DOMAC’sliquefied natural gas (LNG) terminal inEverett, Massachusetts, all as more fullyset forth in the application which is onfile with the Commission and open topublic inspection.

DOMAC seeks authorization toconstruct and install additional LNGvaporization facilities wholly within theexisting boundary of DOMAC’s EverettMarine Terminal. DOMAC states thatthe new LNG vaporization system willbe located in the same general area ofthe plant as the existing vaporizationfacilities. There will be two vaporizationtrains, each with a nominal capacityrating of 75,000 Mcf/d to be deliveredthrough a new 750 psig send-outsystem. In addition to providing newvaporization capacity of 150,000 Mcf/d,the new system can serve as a back-upto existing vaporizer facilities. DOMAC

states that it anticipates the project willhave an approximate cost of $15.5million and will be financed by DOMACusing cash on hand. DOMAC furtherstates that the proposed facilities will beinstalled to meet the anticipated needfor increased vaporization capacity inthe fall of 1998. DOMAC states that itwill assume 100 percent of the costrecovery risk related to the project andthat the project will have no impact onthe rates charged for DOMAC’s salesservices.

DOMAC also states that it anticipatesthe construction of a pipelineinterconnection between its facilitiesand those of Tennessee Gas PipelineCompany (Tennessee) which is thesubject of a pending certificateapplication, Docket No. CP96–164–000,that is before the Commission. DOMACstates that Tennessee’s proposed 7.5-mile, 20-inch pipeline will directlyconnect Tennessee’s existing RevereLateral line in Saugus, Massachusettswith DOMAC’s facilities in Everett.DOMAC further states that althoughDOMAC’s proposed vaporizationfacilities are necessary to delivervaporized LNG into Tennessee’s newpipeline at 750 psig, DOMAC’s need foradditional vaporization capacity isindependent of Tennessee’s proposal todirectly connect to the facilities.DOMAC states that it intends to proceedwith the expansion of its vaporizationcapacity even in the absence of theTennessee interconnection.

Comment date: April 12, 1996, inaccordance with Standard Paragraph Fat the end of this notice.

2. Northwest Pipeline Corporation


Northwest Pipeline Corporation(Northwest), 295 Chipeta Way, Salt LakeCity, Utah 84108, filed in Docket No.CP96–258–000 a request pursuant toSections 157.205, 157.211 and 157.216of the Commission’s Regulations underthe Natural Gas Act (18 CFR 157.205,157.211 and 157.216) for authorizationto abandon certain facilities and toconstruct and operate upgradedreplacement facilities at an existingdelivery point in Benton County,Washington, to accommodate deliveriesof natural gas to Cascade Natural GasCompany (Cascade), under Northwest’sblanket certificate issued in Docket No.CP82–433–000 pursuant to Section 7 ofthe Natural Gas Act, all as more fully setforth in the request that is on file withthe Commission and open to publicinspection.

Northwest requests authorization toabandon facilities at the KennewickMeter Station consisting of 2 2-inch

regulators, 2 4-inch orifice meters andappurtenant piping and valves and a 2-inch tap. Northwest proposes toabandon the regulators and meters byremoval and to abandon the tap inplace. It is stated that Northwestproposes to replace these facilitiesbecause they are undersized for theexisting maximum daily deliveryobligation to Cascade of 12,092 dtequivalent of natural gas per day.

To replace the facilities proposed forabandonment, Northwest proposes toinstall 2 3-inch regulators, 2 6-inchturbine meters and appurtenant pipingand valves and a 4-inch tap. Theseproposed facilities would increase themaximum design capacity of the meterstation from 8,900 dt equivalent per dayto approximately 21,830 dt equivalentper day. It is estimated that the cost toremove the old facilities would be$13,000, and the cost to install thereplacement facilities would be$371,800. It is asserted that Northwestmakes deliveries to Cascade under itsRate Schedules TF–1 and TF–2.

It is stated that no customers wouldlose service as a result of the proposedabandonment and replacement. It isfurther stated that Northwest’s tariffdoes not prohibit the upgrade ofdelivery point facilities and that therewould be no impact on Northwest’speak day and annual deliveries. It isexplained that deliveries at theKennewick delivery point would bewithin authorized entitlements ofCascade or other shippers.

Comment date: May 6, 1996, inaccordance with Standard Paragraph Gat the end of this notice.

3. Williams Natural Gas Company


Williams Natural Gas Company(Williams), P.O. Box 3288, Tulsa,Oklahoma 74101, filed in Docket No.CP96–260–000 a request pursuant toSections 157.205, 157.208 and 157.216of the Commission’s Regulations underthe Natural Gas Act (18 CFR 157.205,157.208 and 157.216) for authorizationto abandon certain pipeline facilitiesand to construct and operatereplacement facilities located in CowleyCounty, Kansas, under Williams’blanket certificate issued in Docket No.CP82–479–000 pursuant to Section 7 ofthe Natural Gas Act, all as more fully setforth in the request that is on file withthe Commission and open to publicinspection.

Williams requests authorization toabandon partly by reclaim and partly inplace approximately 7.5 miles ofWilliams’ Dilworth-Cambridge 16-inchpipeline and to construct and operate


7.5 miles of replacement 6-inchpipeline. It is stated that this proposalis a continuation of the replacement ofthe Dilworth-Cambridge Line begun inDocket No. CP95–682–000. It is assertedthat the replacement of the line by 6-inch pipe will allow for more efficientuse of Williams’ facilities. Williamsproposes to uprate the line oncompletion of its replacement from itspresent maximum allowable operatingpressure (MAOP) of 315 to 265 psig toa proposed MAOP of 720 psig. It isstated that the uprating of the line willeliminate the need for pressureregulation and reduce relatedmaintenance costs. It is estimated thatthe cost to reclaim facilities would be$1,000, the cost to construct thereplacement facilities would be$1,644,000, and the estimated salvagevalue would be $3,000. It is assertedthat Williams has sufficient capacity tomake the changes without detriment ordisadvantage to its customers. It isstated that the present volume of gastransported on the Dilworth-Cambridgepipeline is 13,400 Mcf of gas per day.


4. Texas Gas Transmission Corporation


Texas Gas Transmission Company(Texas Gas), P.O. Box 20008,Owensboro, Kentucky 42304, filed inDocket No. CP96–262–000 a requestpursuant Sections 157.205(b) and157.212 of the Commission’sRegulations under the Natural Gas Act(18 CFR 157.205(b) and 157.212) forauthorization to add a new deliverypoint in Henderson County, Kentucky,to serve Western Kentucky GasCompany (Western), a local distributioncompany, under Texas Gas’ blanketcertificate issued in Docket No. CP82–407–000 pursuant to Section 7 of theNatural Gas Act, all as more fully setforth in the request which is on file withthe Commission and open to publicinspection.

Texas Gas states that it has receiveda request from Western for a newdelivery point on Texas Gas’ Slaughters-Evansville 10-inch Line in HendersonCounty, Kentucky, to enable Western torender natural gas service to a newcustomer, Hudson Foods, Inc. It is alsostated that the natural gas delivered tothe proposed delivery point would beused for service to Hudson’s newchicken processing plant. Texas Gasstates that Western would reimburseTexas Gas for the cost of this deliverypoint, which cost is estimated to be$81,100.

Texas Gas further states that Westernwould not require any increase inexisting firm contract quantities toaccommodate service to the newdelivery point. Since no increase incontract quantities has been requestedby Western, Texas Gas states that theservice to the proposed delivery pointcould be accomplished withoutdetriment to Texas Gas’ othercustomers.

It is further asserted that the naturalgas volumes that would be delivered atthe proposed delivery point would be amaximum daily quantity of 4,500MMBtu, with a maximum annualquantity of 1,200,000 MMBtu.


5. Michigan Gas Storage Company


Michigan Gas Storage Company(MGSCo), 212 West Michigan Avenue,Jackson, Michigan 49201, filed inDocket No. CP96–263–000 anapplication pursuant to Section 7(c) ofthe Natural Gas Act to construct andoperate certain pipeline facilities in theCranberry Lake Storage Field in ClareCounty, Michigan and pursuant toSection 7(b) of the Natural Gas Act forpermission and approval to abandon thepipeline facilities being replaced, all asmore fully set forth in the applicationon file with the Commission and opento public inspection.

MGSCo requests authorization toconstruct and operate 5.2 miles of 20-inch pipeline to replace 1.3 miles of 10-inch, 3.9 miles of 16-inch and 5.2 milesof 8-inch pipeline in the Cranberry LakeStorage Field from Station 60 to theMuskegon River Compressor Station, alllocated in Clare County, Michigan.MGSCo states that the purpose of theproposed project is to replacedeteriorating pipeline and to allow forefficient cleaning/inspection of theheader pipeline for the storage field.

MGSCo estimates the cost of theproposed project to be $3,550,000.MGSCo states that it proposes to recoverthe construction and operation costs ofthe 20-inch piping replacement in afuture Section 4 rate filing with theCommission, on a rolled-in basis.

Comment date: April 12, 1996, inaccordance with Standard Paragraph Fat the end of this notice.

6. Sea Robin Pipeline Company


Sea Robin Pipeline Company (SeaRobin), Post Office Box 2563,

Birmingham, Alabama 35202–2563,filed a request with the Commission inDocket No. CP96–266–000 pursuant toSections 157.205 and 157.212 of theCommission’s Regulations under theNatural Gas Act (NGA) for authorizationto construct and operate a new deliverypoint, to enable Sea Robin to deliver gasto Equitable Storage Company(Equitable), authorized in blanketcertificate issued in Docket No. CP82–429–000, all as more fully set forth inthe request on file with the Commissionand open to public inspection.

Sea Robin proposes to construct,install and operate a new delivery pointat its existing Erath Compressor Stationsite. The delivery point would belocated in Sea Robin’s Erath CompressorStation yard in Section 41, Township 13South, Range 4 East, in VermillionParish, Louisiana. The delivery pointwould be used to deliver gas toEquitable. Sea Robin states that theestimated cost of the construction andinstallation of the delivery pointfacilities would be approximately$434,148. Equitable has agreed toreimburse Sea Robin for the total actualcost of the facilities.


Standard ParagraphsF. Any person desiring to be heard or

make any protest with reference to saidfiling should on or before the commentdate file with the Federal EnergyRegulatory Commission, 888 First StreetNE., Washington, D.C. 20426, a motionto intervene or a protest in accordancewith the requirements of theCommission’s Rules of Practice andProcedure (18 CFR 385.211 and385.214) and the Regulations under theNatural Gas Act (18 CFR 157.10). Allprotests filed with the Commission willbe considered by it in determining theappropriate action to be taken but willnot serve to make the protestants partiesto the proceeding. Any person wishingto become a party to a proceeding or toparticipate as a party in any hearingtherein must file a motion to intervenein accordance with the Commission’sRules.

Take further notice that, pursuant tothe authority contained in and subject tojurisdiction conferred upon the FederalEnergy Regulatory Commission bySections 7 and 15 of the Natural Gas Actand the Commission’s Rules of Practiceand Procedure, a hearing will be heldwithout further notice before theCommission or its designee on thisfiling if no motion to intervene is filedwithin the time required herein, if theCommission on its own review of the


matter finds that a grant of thecertificate is required by the publicconvenience and necessity. If a motionfor leave to intervene is timely filed, orif the Commission on its own motionbelieves that a formal hearing isrequired, further notice of such hearingwill be duly given.

Under the procedure herein providedfor, unless otherwise advised, it will beunnecessary for the applicant to appearor be represented at the hearing.

G. Any person or the Commission’sstaff may, within 45 days after theissuance of the instant notice by theCommission, file pursuant to Rule 214of the Commission’s Procedural Rules(18 CFR 385.214) a motion to interveneor notice of intervention and pursuantto Section 157.205 of the Regulationsunder the Natural Gas Act (18 CFR157.205) a protest to the request. If noprotest is filed within the time allowedtherefore, the proposed activity shall bedeemed to be authorized effective theday after the time allowed for filing aprotest. If a protest is filed and notwithdrawn within 30 days after the timeallowed for filing a protest, the instantrequest shall be treated as anapplication for authorization pursuantto Section 7 of the Natural Gas Act.Lois D. Cashell,Secretary.[FR Doc. 96–7672 Filed 3–28–96; 8:45 am]BILLING CODE 6717–01–P


[ER–FRL–5414–8]

Environmental Impact Statements;Notice of Availability

Responsible Agency: Office of FederalActivities, General Information (202)564–7167 OR (202) 564–7153.

Weekly receipt of EnvironmentalImpact Statements Filed March 18, 1996Through March 22, 1996 Pursuant to 40CFR 1506.9.EIS No. 960130, FINAL EIS, SFW, TX,

Balcones Canyonlands ConservationPlan, Issuance of a Permit to AllowIncidental Take of Golden-cheekedWarbler, Black-capped Vireo and SixKarst Invertebrates, Travis County,TX, Due: April 29, 1996, Contact:Joseph E. Johnston (512) 490–0063.

EIS No. 960131, FINAL EIS, BLM, OR,Lake Abert Area Designation as anArea of Critical EnvironmentalConcerns (ACEC), High DesertManagement Framework AmendmentPlan, Right-of-Way Grant and DrillingPermit, Valley Falls, Lake County, OR,

Due: April 29, 1996, Contact: PaulWhitman (503) 947–6110.

EIS No. 960132, FINAL EIS, FHW, NC,Winston-Salem Northern Beltway(Western Section), Construction, fromUS 158 Northward to US 52, Fundingand COE Section 404 Permit, ForsythCounty, NC, Due: April 29, 1996,Contact: Nicholas L. Graf (919) 856–4346.

EIS No. 960133, FINAL EIS, IBR, MT,Tongue River Basin Project,Implementation, Tongue River Damand Reservior, COE Section 404Permit, Bighorn County, MT, Due:April 29, 1996, Contact: JohnBoehmke (406) 247–7715.

EIS No. 960134, DRAFT EIS, UAF, CO,NM, KS, NB, WY, Colorado AirspaceInitiative, Modifications to theNational Airspace System, such as theF–16 Aircraft and Aircrews of the140th Wing of the Colorado AirNational Guard, Also modifyingexisting Military Operations Areas(MOAs) and Military Training Routes(MTRs), CO, NM, KS, NB and WY,Due: June 05, 1996, Contact: Harry A.Knudsen (301) 836–8143.

EIS No. 960135, DRAFT EIS, APH,Programmatic EIS—VeterinaryServices (VS) Programs,Implementation, to Detect, Prevent,Control, and Eradicate Domestic andForeign Animal Diseases and Pests,All 50 States and the United StatesTerritories, Due: May 28, 1996,Contact: Dr. William E. Ketter (301)734–8565.

EIS No. 960136, REVISED DRAFT EIS,NPS, AK, Denali (South Slope)National Park and PreserveDevelopment Concept Plan,Implementation, AdditionalInformation, Mantanuska-SusitnaBorough, AK, Due: May 13, 1996,Contact: Nancy Swanton (907) 257–2651.Dated: March 26, 1996.

William D. Dickerson,Director, NEPA Compliance Division, Officeof Federal Activities.[FR Doc. 96–7753 Filed 3–28–96; 8:45 am]BILLING CODE 6560–50–U

[ER–FRL–5414–9]

Environmental Impact Statements andRegulations; Availability of EPAComments

Availability of EPA commentsprepared March 11, 1996 ThroughMarch 15, 1996 pursuant to theEnvironmental Review Process (ERP),under Section 309 of the Clean Air Actand Section 102(2)(c) of the NationalEnvironmental Policy Act as amended.

Requests for copies of EPA commentscan be directed to the Office of FederalActivities at (202) 564–7167.

An explanation of the ratings assignedto draft environmental impactstatements (EISs) was published in theFederal Register dated April 14, 1996(60 FR 19047).

Draft EIS’sERP No. D–AFS–J02033–UT Rating

LO, Dixie National Forest Oil and GasLeasing on Federal Lands,Implementation, Garfield, Kane, Iron,Washington, Piute and Wayne Counties,UT.

Summary: EPA provided no formalwritten comments. EPA has no objectionto the preferred alternative as describedin the EIS.

ERP No. D–AFS–L65254–AK RatingLO, 1995 Mendenhall GlacierRecreation Area Management Plan,Implementation, Tongass NationalForest, Juneau Ranger District, ChathamArea, AK.

Summary: EPA expressed a lack ofobjections for the proposed action.

ERP No. D–BLM–G65064–TX RatingLO, Texas Land and ResourceManagement Plan (RMP),Implementation, Split Estates FederalMineral Ownership (FMO), SeveralCounties, TX.

Summary: EPA had no objection tothe selection of the preferred alternativedescribed in the draft EIS.

ERP No. D–FHW–E40763–NC RatingEC2, Winston-Salem Northern Beltway,(Eastern Section) from US 52 North ofWinston-Salem to US 421/I–40 Businesseast of Winston-Salem, Construction,Funding and COE Section 404 Permit,Forsyth County, NC.

Summary: EPA had environmentalconcerns that the 12 mile long Bypassevaluated in the draft EIS is only one oftwo segments of a planned NorthernBypass. The NEPA review should havebeen comprehensive. EPA is alsoconcerned about secondary impacts to awater supply.

ERP No. D–FHW–E40765–FL RatingEC2, East-West Multimodal CorridorTransportation Improvements,Beginning at the Tamiami Campus ofFlorida International University (FIU)extending the length of FL 836, Port ofMiami, Dade County, FL.

Summary: EPA’s review found that allof the proposed alternatives will haverelatively minor impact to the naturalenvironment, but did express concernsfor impacts to the urban humanenvironment in the form of noise andrelocations.

ERP No. D–FHW–K40215–CA RatingEC2, East Sonora Bypass/CA–108Construction, CA–108 from Post Mile


M1.8 to Post Mile R6.9, Funding andCOE Section 404 Permit Issuance,Tuolumne County, CA.

Summary: EPA expressedenvironmental concerns regardingcumulative impacts of the project on theenvironment and development plansalong the alignment, water quality, andhazardous waste found at sites withinthe corridor.

ERP No. D–FRC–A08030–00 RatingEU2, Promoting Wholesale Competitionthrough Open Access Non-Discriminatory Transmission Service byPublic Utilities (RM95–8–000) andRecovery of Strandred Costs by PublicUtilities and Transmitting Utilities(Docket No. RM–94–7–001), ProposedRulemaking.

Summary: EPA raised environmentalconcerns over the potential for theproposed rule to significantly increaseair pollution, the need for additionalinformation to better assess the potentialimpacts, the need for further analysisand consideration of mitigation options,and the absence of an appropriatemitigation mechanism to prevent thepollution increases. EPA believed thatby working with FERC, the Departmentof Energy and other agencies, practicalmitigation steps can be developed.

ERP No. D–USA–K11065–CA RatingEC2, Miramar Naval Air Station (NAS)Realignment or Conversion to MiramarMarine Corps Air Station,Implementation, San Diego, CA.

Summary: EPA expressedenvironmental concerns regarding theloss of vernal pools and endangeredspecies habitat, as well as noiseanalysis.

ERP No. DA–FTA–K51035–CA RatingEC2, Bay Area Rapid Transit District(BART) Transportation Improvements,San Francisco to San FranciscoInternational Airport Extension,Alternative VI Aerial Design Option,Approval, Funding, COE Section 404and Possible FHWA EncroachmentPermits Issuance, San Mateo County,CA.

Summary: EPA expressedenvironmental concerns with theproject’s possible impacts to wetland,endangered species, and minorityneighborhoods.

Final EIS’sERP No. F–AFS–K65154–CA

Mendocine National Forest Land andResource Management Plan,Implementation, Colusa, Glenn, Lake,Mendocino, Tehama and TrinityCounties, CA.

Summary: Review of the final EIS wasnot deemed necessary. No formalcomment letter was sent to thepreparing agency.

ERP No. F–AFS–K65157–CA PaperReforestation and Resource RecoveryProject, Implementation, StanislausNational Forest, Mi-Wok RangerDistrict, Tuolumne County, CA.

Summary: EPA expressedenvironmental concerns regarding levelof aerial spraying of hexazinone.

ERP No. F–AFS–L65172–ID IdahoPanhandle National Forests NoxiousWeed Management Projects,Implementation, Bonners Ferry RangerDistrict, Boundary County, ID.

Summary: EPA had no objection tothe action as proposed. ERP No. F–FHW–E40740–NC US 1 Improvements,Secondary Road 1853 at Lakeview toSecondary Road 1180 south of Sanford,Funding and COE Section 404 PermitIssuance, Lee and Moore Counties, NC.

Summary: EPA expressedenvironmental concerns with the US 1Highway Improvement Project primarilybecause of insufficient commitment towetlands mitigation.

ERP No. F–FHW–K40134–CA CA–180Transportation Project, Construction,between Temperance Avenue and CoveRoad, Funding and COE Section 404Permit, Fresno County, CA.

Summary: EPA’s environmentalconcerns with the draft EIS wereadequately addressed in the FEIS. Also,EPA recommended that FHWA continuetheir coordination with the otherinteresed state and local agencies.

ERP No. F–MMS–G02005–00 1996Central and Western Gulf of MexicoOuter Continental Shelf (OSC) Oil andGas Lease Sales No. 157 (March 1996)and No. 161 (August 1996), LeaseOfferings, Offshore coastal counties andparishes of AL, MS, LA and TX.

Summary: EPA had no objections tothe selection of the preferred alternative.

ERP No. F–NOA–A29004–00Programmatic EIS—Coastal NonpointPollution Control Program,Implementation, Approval for 29 Statesand Territories Coastal NonpointProgram.

Summary: Review of the Final EISwas not deemed necessary. No formalcomment letter was sent to thepreparing agency.

ERP No. F–NOA–A91061–00 AtlanticMackerel, Squid and ButterfishFisheries, Fishery Management Plan,Amendment No. 5, Implementation,Exclusive Economic Zone (EEZ) off theUS Atlantic Coast.

Summary: EPA had no objections tothe proposed program.

ERP No. F–UAF–K11061–GUAndersen Air Force Base (AFB) SolidWaste Management Facility,Construction, Island of Guam, GU.

Summary: EPA continued to expressenvironmental concerns regarding

stability and monitorability of thelandfill site and reiterated the need foradditional information regardingmonitoring, air emissions, pretreatmentand runoff controls before the Air Forcesigns a ROD.

ERP No. F–USN–G11028–TX MineWarfare Center of Excellance (MWCE)Establishment, Construction andOperations, Magnitic Silencing Facility(MSF), Aviation Mine Count Measures(AMCM) and Sled Facility, PossibleNPDES Permit, COE Section 10 and 404Permits, Corpus Christi Bay Area, TX.

Summary: EPA had no objection tothe selection of the preferred alternativedescribed in the Final EIS.

ERP No. F–USN–K11062–CA SanDiego Homeporting FacilitiesConstruction and Operation to SupportBerthing One NIMITZ Class AircraftCarrier, Implementation, San DiegoCounty, CA.

Summary: EPA had no objection tothe final EIS.

ERP No. FR–UAF–B11015–ME LoringAir Force Base (AFB) Disposal andReuse, Implementation, AroostookCounty, ME.

Summary: EPA environmentalconcerns have been resolvedsatisfactorily in the 1995 reviseddocuments.

OtherERP No. LF–NPS–L61204–OR.Adoption: Wallowa River Wild and

Scenic River Study from the Confluenceof the Minam and Wallowa Rivers to theConfluence of the Wallowa River andthe Wild and Scenic Grande RondeRiver for Designation or Nondesignationinto the National Wild and Scenic RiverSystem, Union and Wallowa Counties,OR.

Summary: Review of the final EIS hasbeen completed and the project found tobe satisfactory. EPA provided no formalwritten comments. EPA had noobjection to the preferred alternative asdescribed in the EIS.

Dated: March 26, 1996.William D. Dickerson,Director, NEPA Compliance Division, Officeof Federal Activities.[FR Doc. 96–7754 Filed 3–28–96; 8:45 am]BILLING CODE 6560–50–U

[PP 6F4650/PF646; FRL–5357–3]

Trichoderma harzianum Rifai StrainKRL-AG2; Notice of filing

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Notice of filing.

SUMMARY: EPA has received a petition(PP 6F4650) for a revision of the current


exemption from the requirement oftolerances for Trichoderma harzianumRifai strain KRL-AG2 (40 CFR 180.1102)to include all raw agriculturalcommodities. The request was filed byTGT Inc., 122 North Genesee Street,Geneva, N.Y. 14456.DATES: Written comments, identified bythe docket control number [PP 6F4650/PF646], must be submitted to EPA byApril 29, 1996.ADDRESSES: By mail, submit writtencomments to: Public Response andProgram Resources Branch, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. Comments anddata may also be submittedelectronically by sending electronicmail (e-mail) to: [email protected]. Electroniccomments must be submitted as anASCII file avoiding the use of specialcharacters and any form of encryption.Comments and data will also beaccepted on disks in WordPerfect 5.1file format or ASCII file format. Allcomments and data in electronic formmust be identified by docket number[PP 6F4650/PF646]. No CBI should besubmitted through e-mail. Electroniccomments on this notice of filing maybe filed online at many FederalDepository Libraries. Additionalinformation on electronic submissionscan be found in the SUPPLEMENTARYINFORMATION section of thisdocument.

Information submitted as a commentconcerning this document may beclaimed confidential by marking anypart or all of that information as‘‘Confidential Business Information’’(CBI). Information so marked will not bedisclosed except in accordance withprocedures set forth in 40 CFR part 2.A copy of the comment that does notcontain CBI must be submitted forinclusion in the public record.Information not marked confidentialmay be disclosed publicly by EPAwithout prior notice. All writtencomments will be available for publicinspection in Rm. 1132 at the addressgiven above, from 8 a.m. to 4:30 p.m.,Monday through Friday, excluding legalholidays.

FOR FURTHER INFORMATION CONTACT:Shanaz Bacchus, Biopesticides andPollution Prevention Division (7501W),Office of Pesticide Programs,Environmental Protection Agency, 401M St., SW., Washington DC 20460.Office location and telephone number:5th Floor, CS #1, 2805 Jefferson DavisHwy., Arlington, VA, 703–308–8097; e-

mail address:[email protected] INFORMATION:

PP 6F4650. This notice announcesthat EPA has received from TGT Inc.,122 North Genesee Street, Geneva, N.Y.14456, a notice of filing under section408 of the Federal Food, Drug, andCosmetic Act (21 (U.S.C. 346a) forpesticide petition (PP) 6F4650 to amend40 CFR part 180 to revise the currentexemption from the requirement oftolerances for the microbial pesticideTrichoderma harzianum Rifai strainKRL-AG2. The current exemption fromthe requirement of a tolerance (40 CFR180.1102) is established for residues ofthis biofungicide in or on beans (greenand dry), cabbage, corn (field andsweet), cotton, cucumbers, peanuts,potatoes, sorghum, soybeans, sugarbeets, and tomatoes when used as afungicide for the treatment of seeds ofthese crops in accordance with goodagricultural practices.

This petition requests that the currentexemption from tolerances be revised toinclude all raw agriculturalcommodities which have been sprayedor otherwise treated with Trichodermaharzianum Rifai strain KRL-AG2. Thepesticide is to be applied as seedtreatment, for pot filling, as a dip forcuttings and transplants, as an in-furrowspray, and as a sprayable formulation.Rates of application vary from 4 to 8ounces per hundredweight of seed, andup to 10 pounds per acre (in furrow) forrow crops at planting. Field andgreenhouse crops may be sprayed atrates of 1 pound per acre and up to 5applications per year.

A record has been established for thisnotice of filing under docket number[PP 6F4650/PF646] (includingcomments and data submittedelectronically as described below). Apublic version of this record, includingprinted, paper versions of electroniccomments, which does not include anyinformation claimed as CBI, is availablefor inspection from 8 a.m. to 4:30 p.m.,Monday through Friday, excluding legalholidays. The public record is located inRoom 1132 of the Public Response andProgram Resources Branch, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, Crystal Mall #2,1921 Jefferson Davis Hwy., Arlington,VA.

Electronic comments can be sentdirectly to EPA at:

[email protected]

Electronic comments must besubmitted as an ASCII file avoiding theuse of special characters and any formof encryption.

The official record for this notice offiling, as well as the public version, asdescribed above will be kept in paperform. Accordingly, EPA will transfer allcomments received electronically intoprinted, paper form as they are receivedand will place the paper copies in theofficial rulemaking record which willalso include all comments submitteddirectly in writing. The official record isthe paper record maintained at theaddress in ‘‘ADDRESSES’’ at thebeginning of this document.

List of SubjectsEnvironmental Protection,

Agricultural commodities, Pesticidesand Pests, Reporting and recordkeepingrequirements.

Dated: March 19, 1996.

Janet L. AndersonActing Director, Biopesticides and PollutionPrevention Division, Office of PesticidePrograms.



Notice of Public InformationCollections being Reviewed by theFederal Communications Commission;Comments Requested

March 25, 1996.

SUMMARY: The Federal Communications,as part of its continuing effort to reducepaperwork burden invites the generalpublic and other Federal agencies totake this opportunity to comment on thefollowing proposed and/or continuinginformation collections, as required bythe Paperwork Reduction Act of 1995,Public Law 104–13. Comments arerequested concerning (a) whether theproposed collection of information isnecessary for the proper performance ofthe functions of the Commission,including whether the information shallhave practical utility; (b) the accuracy ofthe Commissions burden estimates; (c)ways to enhance the quality, utility, andclarity of the information collected and(d) ways to minimize the burden of thecollection of information on therespondents, including the use ofautomated collection techniques orother forms of information technology.DATES: Written comments should besubmitted on or before May 28, 1996. Ifyou anticipate that you will besubmitting comments, but find itdifficult to do so within the period oftime allowed by this notice, you shouldadvise the contact listed below as soonas possible.


ADDRESS: Direct all comments toDorothy Conway, FederalCommunications, Room 234, 1919 MSt., NW., Washington, DC 20554 or viainternet to [email protected] FURTHER INFORMATION CONTACT: Foradditional information or copies of theinformation collections contact DorothyConway at 202–418–0217 or via internetat [email protected] INFORMATION:OMB Approval Number: 3060–0003.

Title: Application for AmateurOperator/Primary Station License.

Form No.: FCC 610.Type of Review: Extension of a

currently approved collection.Resopondents: Individuals or

households.Number of Respondents: 93,000.Estimated Time Per Response: 10

minutes.Total Annual Burden: 15,438 hours.Needs and Uses: FCC Rules require

that applicants file the FCC 610 to applyfor a new,renewed or modified license.The form is required by theCommunications Act of 1934, asamended; International Treaties andFCC Rules - 47 CFR 97.17, 97.19,97.511, and 97.519.Federal Communications Commission.William F. Caton,Acting Secretary.[FR Doc. 96–7810 Filed 3–28–96; 8:45 am]BILLING CODE 6712–01–F

FEDERAL RESERVE SYSTEM

Formations of, Acquisitions by, andMergers of Bank Holding Companies

The companies listed in this noticehave applied to the Board for approval,pursuant to the Bank Holding CompanyAct of 1956 (12 U.S.C. 1841 et seq.)(BHC Act), Regulation Y (12 CFR part225), and all other applicable statutesand regulations to become a bankholding company and/or to acquire theassets or the ownership of, control of, orthe power to vote shares of a bank orbank holding company and all of thebanks and nonbanking companiesowned by the bank holding company,including the companies listed below.

The applications listed below, as wellas other related filings required by theBoard, are available for immediateinspection at the Federal Reserve Bankindicated. Once the application hasbeen accepted for processing, it will alsobe available for inspection at the officesof the Board of Governors. Interestedpersons may express their views inwriting on the standards enumerated inthe BHC Act (12 U.S.C. 1842(c)). If the

proposal also involves the acquisition ofa nonbanking company, the review alsoincludes whether the acquisition of thenonbanking company complies with thestandards in section 4 of the BHC Act,including whether the acquisition of thenonbanking company can ‘‘reasonablybe expected to produce benefits to thepublic, such as greater convenience,increased competition, or gains inefficiency, that outweigh possibleadverse effects, such as undueconcentration of resources, decreased orunfair competition, conflicts ofinterests, or unsound banking practices’’(12 U.S.C. 1843). Any request fora hearing must be accompanied by astatement of the reasons a writtenpresentation would not suffice in lieu ofa hearing, identifying specifically anyquestions of fact that are in dispute,summarizing the evidence that wouldbe presented at a hearing, and indicatinghow the party commenting would beaggrieved by approval of the proposal.Unless otherwise noted, nonbankingactivities will be conducted throughoutthe United States.

Unless otherwise noted, commentsregarding each of these applicationsmust be received at the Reserve Bankindicated or the offices of the Board ofGovernors not later than April 22, 1996.

A. Federal Reserve Bank of Cleveland(John J. Wixted, Jr., Vice President) 1455East Sixth Street, Cleveland, Ohio44101:

1. Pennwood Bancorp, Inc.,Pittsburgh, Pennsylvania; to become abank holding company by acquiring 100percent of the voting shares ofPennwood Savings Bank, Pittsburgh,Pennsylvania.

B. Federal Reserve Bank of Atlanta(Zane R. Kelley, Vice President) 104Marietta Street, N.W., Atlanta, Georgia30303:

1. The Colonial BancGroup, Inc.,Montgomery, Alabama; to merge withCommercial Bancorp of Georgia, Inc.,Lawrenceville, Georgia, and therebyindirectly acquire Commercial Bank ofGeorgia, Lawrenceville, Georgia.

C. Federal Reserve Bank of Dallas(Genie D. Short, Vice President) 2200North Pearl Street, Dallas, Texas 75201-2272:

1. Marlin Holdings, Ltd., Marlin,Texas; to become a bank holdingcompany by retaining 67.93 percent ofthe voting shares of Central FinancialBancorp, Inc., Lorena, Texas; andthereby indirectly retain shares ofCentral Delaware Financial Bancorp,Dover, Delaware; Lorena State Bank,Lorena, Texas; and Bank of Troy, Troy,Texas.

D. Federal Reserve Bank of SanFrancisco (Kenneth R. Binning,

Director, Bank Holding Company) 101Market Street, San Francisco, California94105:

1. Central Coast Bancorp, Salinas,California; to acquire 100 percent of thevoting shares of Cypress Coast Bank,Seaside, California.

Board of Governors of the Federal ReserveSystem, March 25, 1996.Jennifer J. Johnson,Deputy Secretary of the Board.[FR Doc. 96–7660 Filed 3–28–96; 8:45 am]BILLING CODE 6210–01–F

Sunshine Meeting

TIME AND DATE: 10:00 a.m., Wednesday,April 3, 1996.PLACE: Marriner S. Eccles FederalReserve Board Building, C Streetentrance between 20th and 21st StreetsNW., Washington, D.C. 20551.STATUS: Closed.

MATTERS TO BE CONSIDERED:

1. Personnel actions (appointments,promotions, assignments,reassignments, and salary actions)involving individual Federal ReserveSystem employees.

2. Any items carried forward from apreviously announced meeting.CONTACT PERSON FOR MORE INFORMATION:Mr. Joseph R. Coyne, Assistant to theBoard; (202) 452–3204. You may call(202) 452–3207, beginning atapproximately 5 p.m. two business daysbefore this meeting, for a recordedannouncement of bank and bankholding company applicationsscheduled for the meeting.

Dated: March 27, 1996.Jennifer J. Johnson,Deputy Secretary of the Board.[FR Doc. 96–7826 Filed 3–27–96; 11:18 am]BILLING CODE 6210–01–P


Placement of Commercial Antennas onFederal Property

AGENCY: General ServicesAdministration.ACTION: Notice.

SUMMARY: On August 10, 1995,President Clinton signed an ExecutiveMemorandum directing the heads of alldepartments and agencies to facilitateaccess to Federal property for thepurpose of siting mobile servicesantennas. The General ServicesAdministration, in coordination withother Government departments and


agencies as well as wirelesstelecommunications industryrepresentatives, has developed thefollowing procedures in Attachment A.The President’s memorandum and theseprocedures implement the requirementsof section 704(c) of theTelecommunications Act of 1996, P.L.104–104.FOR FURTHER INFORMATION CONTACT:James Herbert, Office of PropertyAcquisition and Realty Services, PublicBuildings Service, General ServicesAdministration, 18th & F Streets, NW.,Washington, DC 20405, telephone 202–501–0376.

Dated: March 25, 1996.David J. Barram,Acting Administrator of General Services.

Attachment A—Government-WideProcedures for Placing CommercialAntennas on Federal Properties

In accordance with section 704(c) ofthe Telecommunications Act of 1996,Public Law 104–104, and PresidentClinton’s August 10, 1995,memorandum entitled ‘‘FacilitatingAccess to Federal Property for the Sitingof Mobile Services Antennas’’ thefollowing procedures shall be followedby Executive departments and agencies:

Guiding Principles

1. Requests for the use of property,rights-of-way, and easements by dulyauthorized providers should be grantedabsent unavoidable direct conflict withthe department’s or agency’s mission, orthe current or planned use of theproperty, rights-of-way, and easementsin question.

2. Upon request, and to the extentpermitted by law and where practicable,executive departments and agenciesshall make available FederalGovernment buildings and lands for thesiting of mobile services antennas. Thisshould be done in accordance withFederal, State and local laws andregulations, and consistent withnational security concerns (includingminimizing mutual electromagneticinteractions), public health and safetyconcerns, environmental and aestheticconcerns, preservation of historicbuildings and monuments, protection ofnatural and cultural resources,protection of national park andwilderness values, protection ofNational Wildlife Refuge systems, andsubject to any Federal requirementspromulgated by the agency managingthe facility and the FederalCommunications Commission, theFederal Aviation Administration,National Telecommunications and

Information Administration, and otherrelevant departments and agencies.

3. Antennas on Federal buildings orland may not contain any advertising.

4. Federal property does not includelands held by the United States in trustfor individual or Native American tribalgovernments.

5. Agencies shall retain discretion toreject inappropriate siting requests, andassure adequate protection of publicproperty and timely removal ofequipment and structures at the end ofservice.

6. All procedures and mechanismsadopted regarding access to Federalproperty shall be clear and simple so asto facilitate the efficient and rapid buildout of the national wirelesscommunications infrastructure.

7. Unless otherwise prohibited by orinconsistent with Federal law, agenciesshall charge fees based on market valuefor siting antennas on Federal propertyand may use competitive procedures ifnot all applicants can beaccommodated.

8. The siting of mobile servicesantennas should not be given priorityover other authorized uses of Federalbuildings or land.

9. All independent regulatorycommissions and agencies are requestedto comply with these procedures.

Implementing Actions1. Each Executive department and

agency which operates and controls realproperty under specific statutoryauthority is responsible individually fordetermining the programmatic impact ofplacing commercially owned antennason their properties.

2. Each department and agencyshould review their rules, policies, andprocedures for allowing commercial useof their properties and modify them asnecessary to assure they fully supportthe siting of commercial antennas asprovided in these procedures.

3. Each department and agencyshould assure that appropriate officialswithin local, regional, and nationaloffices who are responsible for the sitingof commercial mobile services antennasare aware of and support the President’sdirectives on facilitating access toFederal property.

4. Preliminary decisions on theacceptability of proposed sitings shouldbe rendered as soon as possible but nolater than 60 days after receipt of arequest. Denials of requests shouldprovide the applicant with anexplanation of the reasons for denial.Preliminary approvals should cite allconditions which must be met to renderfinal approval. Final decisions shouldbe rendered in a timely manner

consistent with the degree of complexityof the case.

5. Firms and individuals interested inplacing commercial mobile servicesantennas on Federal properties shouldcontact the department or agency whichhas custody and control of the property.(Generally, Federal buildings andcourthouses are controlled by theGeneral Services Administration;military posts and bases, by theDepartment of Defense; Veterans’hospitals and clinics, by the Departmentof Veteran’s Affairs; and, National Parks,by the Department of Interior.)

Below is a comprehensive listing ofthe offices in the headquarters of eachproperty holding department andagency. Individuals and firms interestedin placing antennas on specificFederally-owned properties shouldcontact the appropriate office in writingindicating their interests, identify theproperty, and providing specificinformation on their proposal. Theseoffices will advise applicants on specificapplication procedures/criteria, as wellas appeals processes and refer them tolocal site managers to makedeterminations on suitability and otherarrangements for leases, licenses,permits or other legal instruments forthe siting of commercial antennas.

In the instances where the identity ofthe department or agency which hascustody and control of a property isunknown, individuals and firms maycontact the General ServicesAdministration’s Office of RealProperty. This office maintains a listingof all properties owned by the FederalGovernment world-wide and will referinquirers to the appropriate departmentor agency. Contact can be made bywriting the Office of Real Property (MP),Room 1300, General ServicesAdministration, 18th & F Streets, NW.,Washington, DC 20405 or by telephoneat (202) 501–0176. To assist inidentifying the appropriate departmentor agency inquirers should provide thestate, city/county, building/propertyname and mailing address of theproperty in question.

Agency Point of Contact for thePlacement of Antennas on FederalBuildings

Federal Communications Commission,Operations Management and ServicesDivision—1110B, Room 404, 1919 MStreet, NW., Washington, DC 20554,(202) 418–1950

National Aeronautics & SpaceAdministration, Facilities EngineeringDivision, NASA Headquarters, CodeJX, 300 E Street, SW., Washington, DC20546–0001, (202) 358–1090


National Archives & RecordsAdministration, Management ServicesDivision, Room 2320, 8601 AdelphiRoad, College Park, MD 20740–6001,(301) 713–6470

National Science Foundation, PropertyAdministrator, Room 295, 4201Wilson Boulevard, Arlington, VA22230, (703) 306–1123

Tennessee Valley Authority, FacilitiesServices—Asset Management, 1101Market Street, Chattanooga, TN37402–2801, (423) 751–2127

U.S. Army Corps of Engineers,Management and Disposal Division inthe Real Estate Directorate, Room4224, 20 Massachusetts Avenue, NW.,Washington, DC 20314–1000, (202)761–0511

U.S. Department of Agriculture,Property Management Division, AgBox 9840, Washington, DC 20250,(202) 720–5225

U.S. Department of Commerce, RealEstate and Management SupportDivision, Room 1323, 14th andConstitution Avenue, NW.,Washington, DC 20230, (202) 482–3580

U.S. Department of Defense,(Commercial companies who wish toplace antennas on DOD propertyshould first contact that property’sInstallation Commander. If unknown,please contact the following office.)Deputy Assistant Secretary of Defense(Installations), Attention: Director,Installations Management, 3300Defense Pentagon, Washington, DC20301–3340, (703) 604–4616

U.S. Department of Education, Office ofthe Assistant Secretary forManagement, Room 216, 600Independence Ave., SW., Washington,DC 20202

U.S. Department of Energy, Office ofField Management—FM20, 1000Independence Avenue, SW.,Washington, DC 20585, (202) 586–1191

U.S. Department of Health and HumanServices, Division of Special ProgramsCoordination, Room 4700, 300Independence Avenue, SW.,Washington, DC 20201, (202) 619–0426

U.S. Department of Interior, Bureau ofLand Management, Room 1000–L.S.,1849 C Street, NW., Washington, DC20240–9998, (202) 452–7777

U.S. Department of Interior, NationalPark Service, Radio FrequencyManager, Denver Service Center,12795 W. Alameda Parkway, P.O. Box25287, Denver, CO 80225–0287, (303)969–2084

U.S. Department of Justice, JusticeBuildings Services, Suite 1060, 1331Pennsylvania Avenue, NW., National

Place Building, Washington, DC20004, (202) 514–2318

U.S. Department of Labor, Office ofFacility Management, Room S 1521/OFM, 200 Constitution Avenue, NW.,Washington, DC 20210, (202) 219–6434

U.S. Department of State, Office of RealProperty, Room 1878, 2201 C Street,NW., Washington, DC 20520, (202)647–2810

U.S. Department of Transportation,Office of the Secretary, HeadquartersSpace Management Staff, 400 7thStreet, SW., Washington, DC 20590,(202) 366–2472

U.S. Department of Treasury, Office ofReal and Personal PropertyManagement, Office of the DeputyAssistant Secretary for DepartmentalFinancial and Management, Room6140—ANX, 1500 PennsylvaniaAvenue, NW., Washington, DC 20220,(202) 622–0910

U.S. Department of Veterans Affairs,Land Management Service—084C,810 Vermont Avenue, NW.,Washington, DC 20420, (202) 565–5026

U.S. Environmental Protection Agency,Architecture, Engineering and RealEstate Branch, Facilities Managementand Services Division (3204), 401 MStreet, SW., Washington, DC 20460,(202) 260–2160

U.S. General Services Administration,Office of Property Acquisition andRealty Services—PE, Room 2340, 18th& F Streets, NW., Washington, DC20405, (202) 501–1025

U.S. Government Printing Office, Officeof Administrative Support, Stop OA,Washington, DC 20401–0501, (202)512–1650

U.S. Information Agency, The Office ofAdministration—(B/A), CohenBuilding, 330 Independence Avenue,SW., Washington, DC 20547, (202)619–3988

U.S. Postal Service, Realty AssetManagement, 475 L’Enfant PlazaWest, SW., Washington, DC 20260–6433 (202) 268–5765



Dietary Supplement LabelsCommission; Meetings

AGENCY: Office of Disease Preventionand Health Promotion, HHS.ACTION: Commission on DietarySupplement Labels: Notice of Meeting#3; Opportunity to Provide Comments.

SUMMARY: The Department of Health andHuman Services (HHS) is (a) providingnotice of the second meeting of theCommission on Dietary SupplementLabels, and (b) soliciting oral andwritten comments.DATES: (1) The Commission will meetApril 26, 1996, from 8:30 a.m. to 4:30p.m. Pacific Standard Time at theHoliday Inn Fisherman’s Wharf, 1300Columbus Avenue, San Francisco,California 94133; (2) Written commentson the scope and intent of theCommission’s objectives may besubmitted up to 5:00 p.m. E.S.T. on June30, 1996.FOR FURTHER INFORMATION CONTACT:Kenneth D. Fisher, Ph.D., ExecutiveDirector, Commission on DietarySupplement Labels, Office of DiseasePrevention and Health Promotion, Room738G, Hubert H. Humphrey Building,200 Independence Ave., SW.,Washington, D.C. 20201, (202) 205–5968.


Commission’s TaskPublic Law 103–417, Section 12,

authorized the establishment of aCommission on Dietary SupplementLabels whose seven members have beenappointed by the President. Theappointments to the Commission by thePresident and the establishment of theCommission by the Secretary of Healthand Human Services reflect thecommitment of the President and theSecretary to the development of a soundand consistent regulatory policy onlabeling of dietary supplements.

The Commission is charged withconducting a study and providingrecommendations for regulation of labelclaims and statements for dietarysupplements, including the use ofsupplemental literature in connectionwith their sale and, in addition,procedures for evaluation of labelclaims. The Commission is expected toevaluate how best to provide truthful,scientifically valid, and non-misleadinginformation to consumers in order thatthey may make informed health carechoices for themselves and theirfamilies. The Commission’s study reportmay include recommendations onlegislation, if appropriate and necessary.

Announcement of MeetingThe Commission’s second meeting

will be March 8, 1996, 8:30 a.m. to 4:30p.m. Central Time. The meeting will beheld at the Radisson Hotel Salt LakeCity Airport Coventary Room (Utah).The agenda will include (a) oralcomments from interested parties andthe general public, (b) identification of


additional information needs, and (c)discussion of dietary supplement labelinformation.

Public Participation at MeetingThe meeting is open to the public.

However, space is limited. Both oral andwritten comments from the public willbe accepted, but oral comments at themeeting will be limited to a maximumof five minutes per presenter; thus,organizations and persons that wish tomake their views known to theCommission should use the time for oralpresentation to summarize their writtencomments. Members of the Commissionmay wish to question the presentersfollowing each oral presentation. Pleaserequest the opportunity to present oralcomments in writing and provide nine(9) copies of the written comments fromwhich the oral presentation is abstractedto the address above by March 4, 1996.If you will require a sign languageinterpreter, please call Sandra Saunders(202) 260–0375 by 4:30 E.S.T. on March4, 1996.

Written CommentsBy this notice, the Commission is

soliciting submission of writtencomments, views, information and datapertinent to Commission’s task.Comments should be sent to Kenneth D.Fisher, Executive Director of theCommission at the Office of DiseasePrevention and Health Promotion, Room738G, Hubert Humphrey Building, 200Independence Ave., SW., WashingtonD.C. 20201, by 5:00 p.m. E.S.T. on June30, 1996.

Dated: March 26, 1996.Claude Earl Fox,Deputy Assistant Secretary for Health(Disease Prevention and Health Promotion),Department of Health and Human Services.[FR Doc. 96–7639 Filed 3–28–96; 8:45 am]BILLING CODE 4160–17–M

Centers for Disease Control andPrevention

Citizens Advisory Committee on PublicHealth Service Activities and Researchat Department of Energy (DOE) Sites:Savannah River Site Health EffectsSubcommittee and Savannah RiverSite Environmental DoseReconstruction Project—Phase IIPublic Workshop: Meetings

In accordance with section 10(a)(2) ofthe Federal Advisory Committee Act(Pub. L. 92–463), the Agency for ToxicSubstances and Disease Registry(ATSDR) and the Centers for DiseaseControl and Prevention (CDC),announce the following meetings.

Name: Citizens Advisory Committee onPublic Health Service Activities andResearch at DOE Sites: Savannah River SiteHealth Effects Subcommittee (SRS).

Times and Dates: 9 a.m.–5 p.m., April 15,1996; 9 a.m.–12 noon, April 16, 1996.

Place: Holiday Inn Oceanfront, One SouthForest Beach Drive, Hilton Head Island,South Carolina 29928, telephone 803/842–4402, fax 803/842–3323.

Status: Open to the public, limited only bythe space available. The meeting roomaccommodates approximately 50 people.

Background: Under a Memorandum ofUnderstanding (MOU) signed in December1990 with DOE, the Department of Healthand Human Services (HHS) has been giventhe responsibility and resources forconducting analytic epidemiologicinvestigations of residents of communities inthe vicinity of DOE facilities, workers at DOEfacilities, and other person potentiallyexposed to radiation or to potential hazardsfrom non-nuclear energy production use.HHS delegated program responsibility toCDC.

In addition, an MOU was signed in October1990 and renewed in November 1992between ATSDR and DOE. The MOUdelineates the responsibilities andprocedures for ATSDR’s public healthactivities at DOE sites required undersections 104, 105, 107, and 120 of theComprehensive Environmental Response,Compensation, and Liability Act (CERCLA or‘‘Superfund’’). These activities include healthconsultations and public health assessmentsat DOE sites listed on, or proposed for, theSuperfund National Priorities List and atsites that are the subject of petitions from thepublic; and other health-related activitiessuch as epidemiologic studies, healthsurveillance, exposure and disease registries,health education, substance-specific appliedresearch, emergency response, andpreparation of toxicological profiles.

Purpose: This subcommittee is chargedwith providing advice and recommendationsto the Director, CDC, and the Administrator,ATSDR, regarding community, AmericanIndian Tribes, and labor concerns pertainingto CDC’s and ATSDR’s public healthactivities and research at respective DOEsites. Activities shall focus on providing aforum for community, American Indian, andlabor interaction and serve as a vehicle forcommunity concern to be expressed asadvice and recommendations to CDC andATSDR.

Matters To Be Discussed: Agenda itemsinclude: presentations from the NationalCenter for Environmental Health (NCEH), theNational Institute for Occupational Safetyand Health, and the Agency for ToxicSubstances and Disease Registry on theprogress of current studies; an update on theworkgroup selection criteria process; anupdate from the Radiological AssessmentsCorporation, and public involvementactivities.

Agenda items are subject to change aspriorities dictate.

Name: Savannah River Site EnvironmentalDose Reconstruction Project—Phase II: PublicWorkshop.

Time and Date: 7 p.m.–9 p.m, April 15,1996.

Place: Holiday Inn Oceanfront, One SouthForest Beach Drive, Hilton Head Island,South Carolina 29928, telephone 803/842–4402, fax 803/842–3323.

Status: Open to the public, limited only bythe space available. The meeting roomaccommodates approximately 50 people.

Purpose: The Savannah River Site (SRS)Dose Reconstruction Project supportsresearch which evaluates past releases ofradioactive materials and chemicals from theSRS to the surrounding environment. TheProject has already undergone a first phase.Phase I involved searching the site to identifyand retrieve important documents to be usedfor dose reconstruction. Phase II will use thisinformation to calculate chemical andradiological source terms and identifypossible intake pathways (eating, drinking,and inhalation) for people who have lived inthe SRS area. This workshop will focus onthe information being collected to supportthe reconstruction of SRS-related historicaldoses to members of the public. Individualswith information of possible value to thestudy are encouraged to attend.

Agenda items are subject to change aspriorities dictate.

Contact Persons for More Information: PaulG. Renard or Nadine Dickerson, RadiationStudies Branch, Division of EnvironmentalHazards and Health Effects, NCEH, CDC,4770 Buford Highway, NE, (F–35), Atlanta,Georgia 30341–3724, telephone 770/488–7040, FAX 770/488–7044.

Dated: March 23, 1996.Carolyn J. Russell,Director, Management Analysis and ServicesOffice, Centers for Disease Control andPrevention.[FR Doc. 96–7819 Filed 3–28–96; 8:45 am]BILLING CODE 4163–18–M

Food and Drug Administration

[Docket No. 91F–0002]

Milliken & Co.; Withdrawal of FoodAdditive Petition

AGENCY: Food and Drug Administration,HHS.ACTION: Notice.

SUMMARY: The Food and DrugAdministration (FDA) is announcing thewithdrawal, without prejudice to afuture filing, of a food additive petition(FAP 1B4241), filed by Milliken & Co.proposing that the food additiveregulations be amended to provide forthe safe expanded use of dibenzylidenesorbitol (DBS) as a clarifying agent forolefin polymers intended for use incontact with food.FOR FURTHER INFORMATION CONTACT:Ellen M. Waldron, Center for FoodSafety and Applied Nutrition (HFS–216), Food and Drug Administration,200 C St. SW., Washington, DC 20204,202–606–0202.


SUPPLEMENTARY INFORMATION: In a noticepublished in the Federal Register ofFebruary 4, 1991 (56 FR 4295), FDAannounced that a food additive petition(FAP 1B4241) had been filed on behalfof Milliken & Co., P.O. Box 1927 M–400,Spartanburg, SC 29304 (currently c/oKeller and Heckman, 1001 G St. NW.,suite 500 West, Washington, DC 20001).The petition proposed to amend thefood additive regulations in § 178.3295Clarifying agents for polymers (21 CFR178.3295) to provide for the safeexpanded use of DBS as a clarifyingagent for olefin polymers intended foruse in contact with food. Milliken & Co.has now withdrawn the petition withoutprejudice to a future filing (21 CFR171.7).

Dated: March 18, 1996.George H. Pauli,Acting Director, Office of PremarketApproval, Center for Food Safety and AppliedNutrition.[FR Doc. 96–7677 Filed 3–28–96; 8:45 am]BILLING CODE 4160–01–F

National Institutes of Health

National Cancer Institute; Notice ofMeeting

Notice is hereby given of the meetingof the National Cancer Institute Board ofScientific Advisors Prevention ProgramWorking Group, April 17, 1996 at TheBethesda Ramada, 8400 WisconsinAvenue, Bethesda, Maryland.

This meeting will be open to thepublic on April 17, from 8 a.m. to 3:30p.m. for overview and discussion of theInstitute’s Prevention Program.

The meeting will be closed to thepublic on April 17, from 3:45 p.m. toadjournment for discussion ofconfidential issues relating to thereview, discussion and evaluation ofindividual programs and projectsconducted by the Clinical TrialsExtramural Program. These discussionswill reveal confidential trade secrets orcommercial property such as patentablematerial, and personal informationincluding consideration of personnelqualifications and performance, thecompetence of individual investigatorsand similar matters, the disclosure ofwhich would constitute a clearlyunwarranted invasion of personalprivacy.

Information pertaining to the meetingmay be obtained from Dr. Jack Gruber,Executive Secretary, National CancerInstitute Prevention Program WorkingGroup, National Cancer Institute, 6130Executive Blvd., EPN, Rm. 540,Bethesda, MD 20892, (301–496–9740).Individuals who plan to attend and

need special assistance such as signlanguage interpretation or otherreasonable accommodations shouldcontact Dr. Jack Gruber in advance ofthe meeting.

Dated: March 25, 1996.Susan K. Feldman,Committee Management Officer, NIH.[FR Doc. 96–7725 Filed 3–28–96; 8:45 am]BILLING CODE 4140–01–M

National Cancer Institute; Notice ofClosed Meeting

Pursuant to Section 10(d) of theFederal Advisory Committee Act, asamended (5 U.S.C. Appendix 2), noticeis hereby given of the following meetingof the National Cancer Institute InitialReview Group:

Agenda/Purpose: To review and evaluategrant applications.

Committee Name: NCI Initial ReviewGroup, Subcommittee D (Clinical Studies).

Date: April 12, 1996.Time: 8:00 a.m.Place: Hyatt Regency Bethesda, One

Bethesda Metro Center, Bethesda, MD 20814.Contact Person: John W. Abrell, Ph.D.,

6130 Executive Blvd., Room 635B, Bethesda,Md 20892. Telephone: 301–496–9767.

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 Numbers: 93.393, Cancer Cause andPrevention Research; 93.394, CancerDetection and Diagnosis Research; 93.395,Cancer Treatment Research; 93.396, CancerBiology Research; 93.397, Cancer CentersSupport; 93.398, Cancer Research Manpower;93.399, Cancer Control.)


National Heart, Lung, and BloodInstitute; Notice of Closed Meetings

Pursuant to Section 10(d) of theFederal Advisory Committee Act, asamended (5 U.S.C. Appendix 2), noticeis hereby given of the following Heart,Lung, and Blood Special EmphasisPanel (SEP) meetings:

Name of SEP: Refinement of New Assaysfor Direct Detection of Viral Nucleic Acids inDonated Blood.

Date: April 11, 1996.

Time: 7:30 p.m.Place: Ramada Inn, 1775 Rockville Pike,

Rockville, Maryland.Contact Person: Ivan Baines, Ph.D., Two

Rockledge Center, Room 7184, 6701Rockledge Drive, Bethesda, MD 20892–7924,(301) 435–0277.

Purpose/Agenda: To review and evaluatecontract proposals.

Name of SEP: Refinement of New Assaysfor Direct Detection of Viral Nucleic Acids inDonated Organs.

Date: April 12, 1996.Time: 8:00 a.m.Place: Ramada Inn, 1775 Rockville Pike,

Rockville, Maryland.Contact Person: Ivan Baines, Ph.D., Two

Rockledge Center, Room 7184, 6701Rockledge Drive, Bethesda, MD 20892–7924,(301) 435–0277.

Purpose/Agenda: To review and evaluatecontract proposals.

These meetings will be closed inaccordance with the provisions set forth insecs. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C.Applications and/or proposals and thediscussions could reveal confidential tradesecrets or commercial property such aspatentable material and personal informationconcerning individuals associated with theapplications and/or proposals, the disclosureof which would constitute a clearlyunwarranted invasion of personal privacy.

This notice is being published less thanfifteen days prior to the above meetings dueto the urgent need to meet timing limitationsimposed by the review and funding cycle.(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 Heart, Lung, and BloodInstitute; Notice of Closed Meetings

Pursuant to Section 10(d) of theFederal Advisory Committee Act, asamended (5 U.S.C. Appendix 2), noticeis hereby given of the following Heart,Lung, and Blood Special EmphasisPanel (SEP) meetings:

Name of SEP: Strong Heart Study RenewalApplication.

Date: April 18, 1996.Time: 1:00 p.m.Place: Residence Inn by Marriott, Bethesda,

Maryland.Contact Person: David M. Monsees, Ph.D.,

Rockledge II, Room 7178, 6701 RockledgeDrive, Bethesda, Maryland 20892–7924, (301)435–0270.

Purpose/Agenda: To review and evaluategrant applications.

Name of SEP: Pathways—Full Scale Study.Date: April 18, 1996.


Time: 3:00 p.m.Place: Residence Inn by Marriott, Bethesda,

Maryland.Contact Person: David M. Monsees, Ph.D.,

Rockledge II, Room 7178, 6701 RockledgeDrive, Bethesda, Maryland 20892–7924, (301)435–0270.

Purpose/Agenda: To review and evaluategrant applications.

These meetings will be closed inaccordance with the provisions set forth insecs. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C.Applications and/or proposals and thediscussions could reveal confidential tradesecrets or commercial property such aspatentable material and personal informationconcerning individuals associated with theapplications and/or proposals, the disclosureof which would constitute a clearlyunwarranted invasion of personal privacy.(Catalog of Federal Domestic AssistancePrograms Nos. 93.837, Heart and VascularDiseases Research; 93.838, Long DiseasesResearch; and 93.839, Blood Diseases andResources Research, National Institutes ofHealth.)

Dated March 25, 1996.Susan K. Feldman,Committee Management Officer, NIH.[FR Doc. 96–7728 Filed 3–28–96; 8:45 am]BILLING CODE 4140–01–M

National Heart, Lung, and BloodInstitute; Notice of Meeting

Pursuant to Public Law 92–463,notice is hereby given of the meeting ofthe following Heart, Lung, and BloodSpecial Emphasis Panel.

This meeting 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 Person listed belowin advance of the meeting.

Name of Panel: Substitute Heart ValveWorking Group.

Dates of Meeting: April 30–May 1, 1996.Time of Meeting: 8 p.m.Place of Meeting: Washington Hilton Hotel,

1900 Connecticut Avenue NW., Washington,DC.

Agenda: To discuss topics inbioengineering, biomaterials, fabrication,cardiology, cardiac surgery, hematology,pathology and tissue engineering related tosubstitute heart valves and developrecommendations for future NHLBI-supported research.

Contact Person: Paul Didisheim, M.D.,NIH/NHLBI/DHVD, Rockledge II Building,Rm. 9180, 6701 Rockledge Drive, Bethesda,Maryland 20892–7940, (301) 435–0513.(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 EnvironmentalHealth Sciences; Amended Notice ofMeeting

Notice is hereby given of a change inthe meeting of the National Institute ofEnvironmental Health Sciences (NIEHS)Special Emphasis Panel onChromosome-Specific Probes for Non-Human Mammals (SBIR Phase I Topic47) and Automated Scoring of Spermwith FISH Biomarkers (Topic 48), April10, 1996, 1:00 p.m., NIEHS NorthCampus, Building 17, Conference Room1713, Research Triangle Park, NC,which was published in the FederalRegister on March 18, 1996 (61 FR11085).

The meeting is changed to a telephoneconference call on the same date, time,and place. As previously advertised, themeeting is closed to the public.



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: April 10, 1996.Time: 2 p.m.Place: Parklawn Building, Room 9C–26,

5600 Fishers Lane, Rockville, MD 20857.Contact Person: Sheri L. Schwartzback,

Parklawn Building, Room 9C–26, 5600Fishers Lane, Rockville, MD 20857.Telephone: (301) 443–4843.

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)



National Institute on Deafness andOther Communication Disorders;Notice of Closed Meeting

Pursuant to Section 10(d) of theFederal Advisory Committee Act, asamended (5 United States CodeAppendix 2), notice is hereby given ofthe following meeting:

Name of Committee: National Institute onDeafness and Other CommunicationDisorders Special Emphasis Panel.

Date: April 22, 1996.Time: 10:00 a.m. to 2:00 p.m.Place: Executive Plaza South, Room 400C,

Bethesda, MD, (telephone conference call).Contact Person: Marilyn Semmes, PhD.,

Acting Chief, Scientific ReviewAdministrator, NIDCD/DEA/SRB, EPS Room400C, 6120 Executive Boulevard, MSC 7180,Bethesda, MD 20892–7180, 301–496–8683.

Purpose/Agenda: To review and evaluatecontract proposals. The meeting will beclosed in accordance with the provisions setforth in sections 552b(c)(4) and 552b(c)(6),Title, 5, United States Code. The applicationsand/or proposals and the discussion couldreveal confidential trade secrets orcommercial property such as patentablematerial and personal informationconcerning individuals associated with theapplications and/or proposals, the disclosureof which could constitute a clearlyunwarranted invasion of personal privacy.(Catalog of Federal Domestic AssistanceProgram No. 93.173 Biological ResearchRelated to Deafness and CommunicationDisorders)


National Institute of Diabetes andDigestive and Kidney Diseases; Noticeof Meeting of the Board of ScientificCounselors

Pursuant to Public Law 92–463,notice is hereby given of the meeting ofthe Board of Scientific Counselors,National Institute of Diabetes andDigestive and Kidney Diseases (NIDDK),May 1–3, 1996, National Institutes of


Health, Building 5, Room 127, Bethesda,Maryland 20892.

In accordance with the provisions setforth in section 552b(c)(6), Title 5, U.S.Cand section 10(d) of Public Law 92–463,the meeting will be closed to the publicfor the review, discussion andevaluation of individual intramuralprograms and projects conducted by theNIDDK, including consideration ofpersonnel qualifications andperformance, the competence ofindividual investigations, and similaritems, disclosure of which wouldconstitute a clearly unwarrantedinvasion of personal privacy.

A summary of the meeting and rosterof members will be provided, uponrequest, by the Committee ManagementOffice, National Institute of Diabetesand Digestive and Kidney Diseases,Building 31, Room 9A07, Bethesda,Maryland 20892.

For any further information, and forindividuals who plan to attend andneed special assistance, such as signlanguage interpretation or otherreasonable accommodations, pleasecontact Dr. Allen Spiegel, ScientificReview Administrator, Board ofScientific Counselors, NationalInstitutes of Health, Building 10, Room9N–222, Bethesda, Maryland 20892,(301) 496–4128, prior to the meeting.(Catalog of Federal Domestic AssistanceProgram No. 93.847–849, Diabetes, Endocrineand Metabolic Diseases; Digestive Diseasesand Nutrition; and Kidney Diseases, Urologyand Hematology Research, National Institutesof Health.)


National Institute of NeurologicalDisorders and Stroke; Notice ofMeeting, Board of ScientificCounselors

Pursuant to Public Law 92–463,notice is hereby given of the meeting ofthe Board of Scientific Counselors,National Institute of NeurologicalDisorders and Stroke, Division ofIntramural Research on May 19–21,1996, at the National Institutes ofHealth, Building 36, Rm. 1B07–13, 36Convent Drive, Bethesda, Maryland,20892.

This meeting will be open to thepublic from 8:30 a.m. to 12:30 p.m. andfrom 1:30 p.m. to 5:00 p.m. on May20th, and from 8:15 a.m. to 12:30 p.m.on May 21st, to discuss programplanning and program

accomplishments. Attendance by thepublic will be limited to space available.

In accordance with the provisions setforth in section 552b(c)(6), Title 5,U.S.C. and section 10(d) of Public Law92–463, the meeting will be closed tothe public from 8:00 p.m. to 10:00 p.m.on May 19th, and from 1:30 p.m. untiladjournment on May 21st, for thereview, discussion and evaluation ofindividual programs and projectsconducted by the NINDS. The programsand discussions include considerationof personnel qualifications andperformances, the competence ofindividual investigators and similaritems, the disclosure of which wouldconstitute a clearly unwarrantedinvasion of personal privacy.

The Freedom of InformationCoordinator, Ms. Mary Whitehead,Federal Building, Room 1012, 7550Wisconsin Avenue, Bethesda, MD20892, telephone (301) 496–9231 or theExecutive Secretary, Dr. Story Landis,Director, Division of IntramuralResearch, NINDS, Building 36, Room5A05, National Institutes of Health,Bethesda, MD 20892, telephone (301)435–2232, will furnish a summary of themeeting and a roster of committeemembers upon request. Individuals whoplan to attend and need specialassistance, such as sign languageinterpretation or other reasonableaccommodations, should contact theExecutive Secretary in advance of themeeting.(Catalog of Federal Domestic AssistanceProgram No. 13.853, Clinical Basis Research;No. 13.854, Biological Basis Research)


National Institute of Diabetes andDigestive and Kidney Diseases;Meeting of the National Diabetes andDigestive and Kidney DiseasesAdvisory Council and itsSubcommittees

Pursuant to Public Law 92–463,notice is hereby given of a meeting ofthe National Diabetes and Digestive andKidney Diseases Advisory Council andits subcommittees, National Institute ofDiabetes and Digestive and KidneyDiseases, on May 29–30, 1996. Themeeting of the full Council will be opento the public on May 29, from 8:30 a.m.to 12 p.m. in Conference Room 6,Building 31C, National Institutes ofHealth, Bethesda, Maryland, to discussadministrative issues relating to Councilbusiness and special reports. The

following subcommittee meetings willbe open to the public May 29 from 1p.m. to 2 p.m.: Diabetes, Endocrine andMetabolic Diseases Subcommitteemeeting will be held in ConferenceRoom 6, Building 31C; DigestiveDiseases and Nutrition Subcommitteemeeting will be held in ConferenceRoom 7, Building 31C; and Kidney,Urologic and Hematologic DiseasesSubcommittee meeting will be held inConference Room 8, Building 31C.Attendance by the public will be limitedto space available.

In accordance with the provisions setforth in sections 552b(c)(4) and552b(c)(6), Title 5, U.S.C. and section10(d) of Public Law 92–463, themeetings of the subcommittees and fullCouncil will be closed to the public forthe review, discussion and evaluation ofindividual grant applications. Thefollowing subcommittees will be closedto the public on May 29, from 2 p.m. to5 p.m.: Diabetes, Endocrine andMetabolic Diseases Subcommittee;Digestive Diseases and NutritionSubcommittee; and Kidney, Urologicand Hematologic DiseasesSubcommittee. The full Council willmeet in closed session on May 30 from8:30 a.m. to 10 a.m. in Conference Room6, Building 31C. These deliberations,whether held in a subcommittee or inthe full council, could revealconfidential trade secrets or commercialproperty, such as patentable materials,and personal information concerningindividuals associated with theapplications, disclosure of which wouldconstitute a clearly unwarrantedinvasion of personal privacy.

A final open session of the fullCouncil will be held from 10 a.m. to 12p.m. to hear reports from the DivisionDirectors.

For any further information, and forindividuals who plan to attend andneed special assistance such as signlanguage interpretation or otherreasonable accommodations, pleasecontact Dr. Walter Stolz, ExecutiveSecretary, National Diabetes andDigestive and Kidney Diseases AdvisoryCouncil, NIDDK, Natcher Building,Room 6AS–25C, Bethesda, Maryland20892, (301) 594–8834, in advance ofthe meeting.

In addition, upon request, a summaryof the meeting and roster of themembers may be obtained from theCommittee Management Office, NIDDK,Building 31, Room 9A07, NationalInstitutes of Health, Bethesda, Maryland20892, (301) 496–6623.(Catalog of Federal Domestic AssistanceProgram No. 93.847–849, Diabetes, Endocrineand Metabolic Diseases; Digestive Diseasesand Nutrition; and Kidney Diseases, Urology


and Hematology Research, National Institutesof Health.)


National Library of Medicine; Notice ofMeetings of the Board of Regents andthe Extramural ProgramsSubcommittee

Pursuant to Public Law 92–463,notice is hereby given of the meeting ofthe Board of Regents of the NationalLibrary of Medicine on May 21–22,1996, in the Board Room of the NationalLibrary of Medicine, 8600 RockvillePike, Bethesda, Maryland. TheExtramural Programs Subcommittee willmeet on May 20 in Conference Room B,Building 38A, from 2 p.m. toapproximately 3:30 p.m., and will beclosed to the public.

The meeting of the Board will be opento the public from 9 a.m. toapproximately 4:30 p.m. on May 21 andfrom 9 a.m. to adjournment on May 22for administrative reports and programdiscussions. Attendance by the publicwill be limited to space available.Individuals who plan to attend andneed special assistance, such as sign-language interpretation or otherreasonable accommodations, shouldcontact Mrs. Kimberly Caraballo at 301–496–4621 two weeks before the meeting.

In accordance with provisions setforth in sections 552b(c)(4), 552b(c)(6),Title 5, U.S.C. and section 10(d) ofPublic Law 92–463, the entire meetingof the Extramural ProgramsSubcommittee on May 20 will be closedto the public from 2 p.m. toapproximately 3:30 p.m., and theregular Board meeting on May 21 willbe closed from approximately 4:30 p.m.to 5 p.m. for the review, discussion, andevaluation of individual grantapplications. These applications and thediscussion could reveal confidentialtrade secrets or commercial property,such as patentable material, andpersonal information concerningindividuals associated with theapplications, the disclosure of whichwould constitute a clearly unwarrantedinvasion of personal privacy.

Mr. Robert B. Mehnert, Chief, Officeof Inquiries and PublicationsManagement, National Library ofMedicine, 8600 Rockville Pike,Bethesda, Maryland 20894, TelephoneNumber: 301–496–6308, will furnish asummary of the meeting, rosters ofBoard members, and other informationpertaining to the meeting.

(Catalog of Federal Domestic AssistanceProgram No. 93.879—Medical LibraryAssistance, National Institutes of Health.)


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: Clinical Sciences.Date: April 11, 1996.Time: 1:00 p.m.Place: NIH, Rockledge 2, Room 4216,

Telephone Conference.Contact Person: Dr. Harold Davidson,

Scientific Review Administrator, 6701Rockledge Drive, Room 4216, Bethesda,Maryland 20892, (301) 435–1776.

Name of SEP: Biological and PhysiologicalSciences.

Date: April 12, 1996.Time: 2:00 p.m.Place: NIH, Rockledge 2, Room 6168,

Telephone Conference.Contact Person: Dr. Syed Amir, Scientific

Review Administrator, 6701 Rockledge Drive,Room 6168, Bethesda, Maryland 20892, (301)435–1043.

Name of SEP: Microbiological andImmunological Sciences.


Telephone Conference.Contact Person: Dr. Bruce A. Maurer,




Telephone Conference.Contact Person: Dr. Bruce A. Maurer,


This notice is being published lessthan 15 days prior to the above meetingsdue to the urgent need to meet timinglimitations imposed by the grant reviewand funding cycle.



Telephone Conference.Contact Person: Dr. Sami Mayyasi,

Scientific Review Administrator, 6701

Rockledge Drive, Room 4194, Bethesda,Maryland 20892, (301) 435–1216.

Name of SEP: Biological and PhysiologicalSciences.


Telephone Conference.Contact Person: Dr. Philip Perkins,


Name of SEP: Chemistry and RelatedSciences.

Date: April 24, 1996.Time: 8:30 a.m.Place: Ramada Inn, Bethesda, MD.Contact Person: Dr. Asher Hyatt, Scientific

Review Administrator, 6701 Rockledge Drive,Room 4160, Bethesda, Maryland 20892, (301)435–1724.

Name of SEP: Clinical Sciences.Date: April 25, 1996.Time: 2:00 p.m.Place: NIH, Rockledge 2, Room 4106,

Telephone Conference.Contact Person: Ms. Josephine Pelham,


Name of SEP: Clinical Sciences.Date: April 30, 1996.Time: 10:00 a.m.Place: NIH, Rockledge 2, Room 4138,

Telephone Conference.Contact Person: Dr. Anthony Chung,


Purpose/Agenda: To review SmallBusiness Innovation Research.

Name of SEP: Behavioral andNeurosciences.

Date: April 20, 1996.Time: 8:30 a.m.Place: Embassy Suites, Ft. Lauderdale, FL.Contact Person: Dr. Samuel C. Rawlings,


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)



DEPARTMENT OF HOUSING ANDURBAN DEVELOPMENT

Office of the Assistant Secretary forPublic and Indian Housing

[Docket No. FR–3774–N–05]

Announcement of Funding Awards forthe Comprehensive ImprovementAssistance Program, FY 1995

AGENCY: Office of the AssistantSecretary for Public and IndianHousing, HUD.ACTION: Announcement of fundingawards.

SUMMARY: In accordance with section102(a)(4)(C) of the Department ofHousing and Urban DevelopmentReform Act of 1989, this announcementnotifies the public of funding decisionsmade by the Department in acompetition for funding under theNotice of Funding Availability (NOFA)for the Comprehensive ImprovementAssistance Program (CIAP) for FiscalYear 1995. The announcement containsthe names and addresses of thecompetition awardees and the amountof the awards.FOR FURTHER INFORMATION CONTACT:William Flood, Director, Office ofCapital Improvements, Department ofHousing and Urban Development, 451Seventh Street, SW., Room 4134,Washington, DC 20410, telephone (202)708–1640. [This is not a toll-freenumber].

IHAs may contact Dom Nessi,Director, Office of Native AmericanPrograms, Department of Housing andUrban Development, 451 Seventh Street,SW., Room B–133, Washington, DC20410, telephone (202) 755–0032. [Thisis not a toll-free number]. Hearing orspeech impaired persons may use theTelecommunications Devices for theDeaf (TDD) by contacting the FederalInformation Relay Service at 1–800–877–8339.SUPPLEMENTARY INFORMATION: TheComprehensive ImprovementAssistance Program is authorized by sec.14, United States Housing Act of 1937(42 U.S.C. 14371); sec. 7(d) Departmentof Housing and Urban Development Act(42 U.S.C. 3535(d)).

The objective of the ComprehensiveImprovement Assistance Program(CIAP) is to provide funds to improvethe physical condition and upgrade themanagement and operation of existingPublic and Indian Housing projects toassure that they continue to be availableto serve low-income families.

On January 20, 1995 (60 FR 4352), theDepartment published a NOFA in the

Federal Register informing PublicHousing Agencies and Indian HousingAuthorities that own or operate fewerthan 250 units of the availability of FY1995 CIAP funding. The FY 1995awards announced in this Notice wereselected for funding consistent with theprovisions of the NOFA.

In accordance with section102(a)(4)(C) of the Department ofHousing and Urban DevelopmentReform Act of 1989, the Department ishereby publishing, in this notice, thenames and addresses of the PHAs andIHAs that received funding awardsunder the FY 1995 CIAP NOFA, and theamount of the awards. This informationis set forth in Appendix A to this notice.

Dated: March 25, 1996.Michael B. Janis,General Deputy Assistant, Secretary for Publicand Indian Housing.

APPENDIX A.—STATE OFFICES COM-PREHENSIVE IMPROVEMENT ASSIST-ANCE PROGRAM AWARDEES FISCALYEAR 1995

Alabama State Office

Abbeville ............................... $355,450Altoona .................................. 521,470Ashford .................................. 899,900Ashland ................................. 61,450Berry ..................................... 420,374Bridgeport ............................. 42,000Childersburg .......................... 850,625Clanton .................................. 457,295Columbiana ........................... 550,000Dadeville ............................... 490,885Demopolis ............................. 400,000Fayette .................................. 1,239,036Guin ...................................... 504,375Leeds .................................... 1,028,950Livingston .............................. 284,600Millport .................................. 491,233Piedmont ............................... 716,373Ragland ................................. 588,922Samson ................................. 403,061Stevenson ............................. 292,408Sulligent ................................ 1,019,657Tuscumbia ............................ 165,000Uniontown ............................. 732,961Vernon .................................. 120,450Vincent .................................. 345,700

Total ........................... 12,982,175

Arizona State Office

Glendale ................................ $1,205,774Peoria .................................... 351,666South Tucson ........................ 938,632Williams ................................. 223,100Yuma City ............................. 719,480

Total ........................... 3,438,652

Arkansas State Office

Alma ...................................... $235,257

APPENDIX A.—STATE OFFICES COM-PREHENSIVE IMPROVEMENT ASSIST-ANCE PROGRAM AWARDEES FISCALYEAR 1995—Continued

Atkins .................................... 344,155Brinkley ................................. 78,685Carthage ............................... 132,067Dover .................................... 115,293Earle ...................................... 99,303Gurdon .................................. 243,630Hoxie ..................................... 108,357Judsonia ................................ 71,597Leachville .............................. 143,427Little River ............................. 550,687Mena ..................................... 1,340,716Morrilton ................................ 674,554Mt Ida .................................... 324,636Ola ........................................ 536,968Polk County .......................... 1,069,594Prescott ................................. 85,500Stephens ............................... 360,823Waldron ................................. 255,065Warren .................................. 1,277,818Wilson ................................... 131,526

Total ........................... 8,179,658

Buffalo Area Office

Dunkirk .................................. $1,110,036Herkimer ............................... 104,354Hudson .................................. 940,600Jamestown ............................ 1,806,450Malone .................................. 438,471Norwich ................................. 421,500Tupper Lake .......................... 856,220Wilna ..................................... 188,000

Total ........................... 5,865,631

California State Office

Benecia ................................. $990,922Eureka ................................... 1,000,000Mendocino ............................ 455,000Pleasanton ............................ 260,000Riverbank .............................. 99,000San Mateo County ................ 95,000Santa Cruz ............................ 675,000South San Francisco ............ 760,000

Total ........................... 4,334,922

Cincinnati Area Office

Adams Metropolitan .............. $223,537Clermont Metropolitan .......... 289,156Clinton Metropolitan .............. 27,000Miami Metropolitan ............... 650,798

Total ........................... 1,190,491

Cleveland Area Office

Geauga Metropolitan ............ $610,625Harrison Metropolitan ........... 297,888Sandusky Metropolitan ......... 479,032

Total ........................... 1,387,545



Colorado State Office

Colorado:Alamosa ............................ $229,468Antonito ............................. 292,042Boulder County ................. 163,065Cheyenne Wells ................ 54,524Conejos County ................. 38,050Englewood ......................... 197,186Fort Lupton ........................ 328,848Fountain ............................ 301,239Grand Junction .................. 76,111Greeley .............................. 10,000Haxtun ............................... 36,600Jefferson County ............... 760,542Julesburg ........................... 10,500Lakewood .......................... 836,325Littleton .............................. 81,770Sterling .............................. 113,485Walsenburg ....................... 482,218Wray .................................. 21,260Yuma ................................. 9,724

Colorado total ............. 4,042,957

Montana:Glasgow ............................ $869,178

Richland County ................ $63,869Whitefish ............................ 227,688

Montana total ............. 1,160,735

North Dakota:Cass County ...................... $1,977,540Mercer County ................... 1,381,891

North Dakota total ...... 3,359,431

South Dakota:Meade County ................... $73,745Wessington Springs .......... 324,431

South Dakota total ..... 398,176

Wyoming:Casper ............................... $2158,912Evanston ........................... 325,808Lusk ................................... 202,020

Wyoming total ............ 686,740

Grand total ................. 9,648,039

Connecticut State Office

Glastonbury ........................... $1,055,000Nangatuck ............................. 230,757Norwich ................................. 195,000Putnam .................................. 350,000Seymour ................................ 226,636Vernon .................................. 174,000West Hartford ........................ 5,000Winchester ............................ 285,575

Total ........................... 2,521,968


District of Columbia Office

Rockville ................................ $458,886

Georgia State Office

Adairsville .............................. $8,000Adel ....................................... 20,000Baxley ................................... 1,552,600Blakely .................................. 25,000Blue Ridge ............................ 160,500Butler ..................................... 895,000Canton .................................. 1,140,092Cave Springs ........................ 222,300Chatsworth ............................ 131,000Clayton .................................. 450,424Cornelia ................................. 1,004,250Franklin ................................. 21,250Glennville .............................. 421,300Greensboro ........................... 307,430Hahira ................................... 15,000Homerville ............................. 20,000Jesup .................................... 886,950Lakeland ............................... 18,000Lavonia ................................. 388,028Lawrenceville ........................ 782,300Lee Co. ................................. 112,000Lincolnton .............................. 562,725Loganville .............................. 983,597Louisville ............................... 227,900Manchester ........................... 80,000Metter .................................... 90,900Nashville ............................... 263,300Reynolds ............................... 35,000Ringgold ................................ 183,800Royston ................................. 442,750Senoia ................................... 295,975Statesboro ............................. 142,200Summerville .......................... 1,517,663Tallapoosa ............................ 149,300Thomson ............................... 93,500Unadilla ................................. 32,000Union Point ........................... 210,000Vidalia ................................... 453,900Vienna ................................... 35,000Washington ........................... 197,000

Total ........................... 14,577,934

Grand Rapids Area Office

Alma ...................................... $950,000Bronson ................................. 638,041Cadilla ................................... 472,000Coldwater .............................. 1,448,970Dowagiac .............................. 54,000Elk Rapid .............................. 6,000Hillsdale ................................ 661,309Iron County ........................... 433,562Mackinac County .................. 150,000Menominee ........................... 819,700Mount Pleasant ..................... 100,000Paw Paw ............................... 478,000South Haven ......................... 1,990,000

Total ........................... 8,261,582


Houston Area Office

Bay City ................................ $265,562Baytown ................................ 1,000,000Bellville .................................. 45,000Calvert ................................... 70,000Center ................................... 31,900Cleveland .............................. 300,000Corrigan ................................ 144,618El Campo .............................. 150,000Garrison ................................ 160,000Grapeland ............................. 415,000Jasper ................................... 150,000Livingston .............................. 140,000Newton .................................. 400,000Orange County ..................... 825,410San Augustine ...................... 90,000Texas City ............................. 276,437Woodville .............................. 115,000

Total ........................... 4,578,927

Illinois State Office

Bond ...................................... $131,910Calhoun ................................. 196,075Cass ...................................... 338,150Clark ...................................... 195,500Clay ....................................... 861,250Cumberland .......................... 308,125Edwards ................................ 163,500Grundy .................................. 151,250Hamilton ................................ 33,750Jersey ................................... 36,400JoDaviess ............................. 18,750Lawrence .............................. 58,875Lee ........................................ 606,250Mason ................................... 1,648,300Menard .................................. 1,395,900Pekin ..................................... 330,500Pope ...................................... 554,700Randolph ............................... 1,371,000Scott ...................................... 477,725Vermilion ............................... 32,100Wabash ................................. 289,755Wayne ................................... 583,000

Total ........................... 9,782,765

Indiana State Office

Delaware County .................. $1,205,609Greendale ............................. 177,347Kendallville ............................ 795,250Linton .................................... 95,065New Castle ........................... 587,532Peru ...................................... 258,600Rome City ............................. 30,000Tell City ................................. 188,000

Total ........................... 3,337,403

Iowa State Office

Afton ...................................... $216,222Area 15 ................................. 245,570Avenport ................................ 296,400Central Iowa .......................... 172,218



Clarinda ................................. 300,154Clinton ................................... 112,905Corning ................................. 215,163Eastern Iowa ......................... 152,329Farragut ................................ 91,455Ft. Dodge .............................. 558,364Hamburg ............................... 56,082Iowa City ............................... 133,287Keokuk .................................. 169,962Lone Tree ............................. 113,100Manning ................................ 62,400Mt Ayr ................................... 33,891Muscatine .............................. 70,902North Iowa ............................ 58,890Red Oak ................................ 139,504Shenandoah .......................... 389,454Sioux Center ......................... 144,358Waverly ................................. 78,390Winterset ............................... 56,871

Total ........................... 3,867,871

Jacksonville Area Office

Arcadia .................................. $212,000Avon Park ............................. 407,098Bartow ................................... 149,400Boca Raton ........................... 51,576Brooksville ............................. 282,248Chipley .................................. 105,600Deerfield Beach .................... 50,478Defuniak Springs .................. 85,000Deland ................................... 851,331Delray Beach ........................ 153,629Dunedin ................................. 354,739Fernandina Beach ................ 284,000Fort Walton Beach ................ 237,351Lee County ........................... 218,213Live Oak ................................ 497,163Macclenny ............................. 320,417Marianna ............................... 232,186Niceville ................................. 234,630Ormond Beach ...................... 14,814Pasco County ....................... 181,395Plant City .............................. 262,227Punta Gorda ......................... 468,525Riviera Beach ....................... 111,815Springfield ............................. 137,151Stuart .................................... 165,151Suwannee County ................ 362,247Tarpon Springs ..................... 330,612Union County ........................ 355,313Venice ................................... 43,483Winter Haven ........................ 833,042Winter Park ........................... 74,143

Total ........................... 8,066,977

Kansas/Missouri State Office

Anderson, MO ....................... $127,100Atchison, KS ......................... 700,000Atwood, KS ........................... 30,000Belleville, KS ......................... 85,000Bethany, MO ......................... 237,500Bird City, KS ......................... 86,700Blue Rapids, KS ................... 65,500Brookfield, MO ...................... 162,700Burrton, KS ........................... 90,000


Cawker City, KS ................... 30,000Chanute, KS ......................... 227,800Clinton, MO ........................... 473,000Colby, KS .............................. 375,000Columbus, KS ....................... 6,261Excelsior Spgs, MO .............. 800,000Fort Scott, KS ....................... 445,000Goodland, KS ....................... 263,600Great Bend, KS .................... 400,000Greenleaf, KS ....................... 55,000Higginsville, MO .................... 460,000Hill City, KS ........................... 40,500Howard, KS ........................... 35,000Kinsley, KS ........................... 51,000Lanagan, MO ........................ 77,300Lawson, MO .......................... 260,000Lebanon, MO ........................ 385,000Lee’s Summit, MO ................ 157,000Luray, KS .............................. 86,800Marceline, MO ...................... 120,850Marionville, MO ..................... 170,000Marshall, MO ........................ 110,000Maryville, MO ........................ 400,000Medicine Lodge, KS ............. 25,000Mound City, MO .................... 160,000Neodesha, KS ....................... 220,000Neosho, MO .......................... 400,000Nevada, MO .......................... 450,000Nicodemus, KS ..................... 60,000Noel, MO ............................... 439,430Norton, KS ............................ 98,000Princeton, MO ....................... 130,100Richmond, MO ...................... 260,300St. Joseph, MO ..................... 292,800Salina, KS ............................. 50,000Seneca, KS ........................... 76,600Slater, MO ............................. 95,000Smithville, MO ....................... 60,000Solomon, KS ......................... 60,000Southwest City, MO .............. 98,900Stafford, KS .......................... 160,000Tarkio, MO ............................ 260,000Waterville, KS ....................... 78,500

Total ........................... 10,488,241

Kentucky State Office

Barbourville ........................... $320,000Bardstown ............................. 500,000Beattyville .............................. 440,000Cadiz ..................................... 200,000Catlettsburg ........................... 450,000Cumberland .......................... 546,000Eminence .............................. 50,000Floyd County ......................... 338,000Franklin ................................. 964,000Fulton .................................... 500,000Harlan ................................... 275,000Harrodsburg .......................... 230,000Horse Cave ........................... 614,000Irvine ..................................... 300,000Jefferson County ................... 500,000Knott County ......................... 184,000Lancaster .............................. 245,000Lawrence County .................. 250,000Lebanon ................................ 603,000Llyon County ......................... 300,000Madisonville .......................... 440,000Mayfield ................................. 200,000


Monticello .............................. 172,000Morehead .............................. 500,000Mt. Sterling ............................ 552,500Mt. Vernon ............................ 210,000Murray ................................... 370,000Paris ...................................... 500,000Pineville ................................. 120,000Prestonsburg ......................... 30,000Princeton ............................... 228,670Providence ............................ 170,000Radcliff .................................. 100,000Russellville ............................ 80,000Shelbyville ............................. 150,000Stanford ................................ 396,000Vanceburg ............................. 352,100Whitesburg ............................ 600,000

Total ........................... 12,980,270

Knoxville Area Office

Erwin ..................................... $735,275Grundy County ...................... 142,265Jefferson City ........................ 191,878Jellico .................................... 197,000Knox County ......................... 1,229,694

Total ........................... 2,469,112

Los Angeles Area Office

Baldwin Park ......................... $281,500Needles ................................. 248,598Paso Robles ......................... 299,607Port Hueneme ....................... 526,020San Luis Obispo ................... 1,361,450Upland ................................... 357,130Wasco ................................... 207,300

Total ........................... 3,281,605

Louisiana State Office

Arcadia .................................. $150,000Basile .................................... 22,500Berwick ................................. 3,000Breaux Bridge ....................... 22,500Bunkie ................................... 200,000Caldwell Parish ..................... 3,000Church Point ......................... 410,000Colfax .................................... 325,000Denham Springs ................... 175,000DeQuincy .............................. 316,900DeRidder ............................... 362,000East Carroll Parish ................ 1,500Eunice ................................... 275,000Ferriday ................................. 1,500Gibsland ................................ 1,500Grambling ............................. 25,000Grant Parish .......................... 1,500Gueydan ............................... 75,000Homwer ................................. 315,000Jefferson Parish .................... 180,000Jennings ................................ 150,000Kaplan ................................... 450,000Kenner .................................. 300,000Lake Arthur ........................... 286,000Leesville ................................ 207,500Mamou .................................. 275,000



Mansfield ............................... 204,820Marksville .............................. 400,000Merryville ............................... 306,600Minden .................................. 165,000Natchitoches Parish .............. 750,000New Iberia ............................. 200,000New Roads ........................... 1,500Oil City .................................. 325,000Parks ..................................... 1,500Patterson ............................... 125,000Pineville ................................. 356,000Ponchatoula .......................... 228,000Rapides Parish ..................... 350,000Rayville ................................. 797,421Simmesport ........................... 387,000Slidell .................................... 165,000South Landry ........................ 45,000St. Charles Parish ................. 322,000St. Landry ............................. 65,000St. Martinville ........................ 3,000Sulphur .................................. 190,000S.W. Acadia .......................... 250,000Vinton .................................... 306,000Welsh .................................... 108,940White Castle ......................... 3,000Winnfield ............................... 241,000

Total ........................... 10,831,181

Maryland State Office

Allegany County .................... $96,426Calvert County ...................... 108,400Cambridge ............................ 200,000Easton ................................... 160,000Frostburg ............................... 150,000Havre De Grace .................... 84,000St. Michaels .......................... 88,000Queen Anne’s County .......... 176,000Washington County .............. 64,520

Total ........................... 1,127,346

Massachusetts State Office

Amherst ................................. $166,000Barnstable ............................. 89,000Beverly .................................. 1,030,000Clinton ................................... 485,000Falmouth ............................... 237,000Fitchburg ............................... 416,000Lexington .............................. 345,000Maynard ................................ 374,000Medway ................................. 33,000Needham .............................. 246,431Newburyport .......................... 235,000Newton .................................. 715,000Northampton ......................... 722,000North Andover ....................... 44,000Pembroke .............................. 267,000Plymouth ............................... 202,000Rockland ............................... 75,000Salem .................................... 225,000Saugus .................................. 168,000Wakefield .............................. 391,000Weymouth ............................. 131,000Winchendon .......................... 324,000Woburn ................................. 207,000


Total ........................... 7,127,431

Michigan State Office

Algonac ................................. $246,000Alpena ................................... 601,500Eastpointe ............................. 825,000East tawas ............................ 220,500Ferndale ................................ 204,000Highland park ........................ 1,363,000Marysville .............................. 551,500Romulus ................................ 293,953Royal oak township .............. 555,000Wayne ................................... 303,000Ypsilanti ................................ 387,000

Total ........................... 5,550,453

Minnesota State Office

Aitkin County ......................... $476,000Barnesville ............................ 247,000Blue Earth ............................. 493,000Braham ................................. 100,000Cass Lake ............................. 518,810Chisholm ............................... 417,908Gilbert ................................... 300,000Hutchinson ............................ 210,000International Falls ................. 21,500Marshall ................................ 316,000Montevideo ........................... 150,000Moorhead .............................. 187,000Moose Lake .......................... 753,900Mountain Lake ...................... 96,000North Mankato ...................... 127,000Olmsted County .................... 154,000Red Wing .............................. 237,000Sleepy Eye ............................ 500,000SE MN Multi-County ............. 450,000St. James .............................. 190,000Staples .................................. 600,000Thief River Falls .................... 875,000Tracy ..................................... 207,000Willmar .................................. 460,000

Total ........................... 8,087,118

Mississippi State Office

Amory .................................... $1,534,799Bay St. Louis ........................ 917,850Hattiesburg ............................ 1,376,800Summit .................................. 828,000

Total ........................... 4,657,449

North Carolina State Office

Ahoskie ................................. $160,000Albemarle .............................. 160,000Andrews ................................ 172,824Ashevoro ............................... 240,000Ayden .................................... 160,000Belmont ................................. 160,000Benson .................................. 166,368Bladenboro ............................ 180,000Brevard ................................. 160,000Clarkton ................................. 161,780Concord ................................ 195,580Dunn ..................................... 160,000


Edenton ................................. 160,000Fairmont ................................ 160,000Farmville ............................... 168,000Forest City ............................ 160,000Hamlet ................................... 158,980Hertford ................................. 160,000Lincolnton .............................. 160,000Lenoir .................................... 160,000Madison ................................ 80,800Mars Hill ................................ 180,000Marshall ................................ 160,520Maxton .................................. 70,600Monroe .................................. 113,380Mooresville ............................ 160,000Mount Holly ........................... 104,680Murphy .................................. 172,824North Wilkesboro .................. 173,760Oxford ................................... 191,392Pembroke .............................. 222,471Plymouth ............................... 160,000Princeville .............................. 160,000Randleman ............................ 160,000Reidsville ............................... 275,000Rockingham .......................... 160,000Roxboro ................................ 232,000Selma .................................... 143,372Smithfield .............................. 600,000Southern Pines ..................... 180,000Spruce Pine .......................... 200,000Tarboro ................................. 160,000Troy ....................................... 164,992Valdese ................................. 160,000Vance County ....................... 134,720Wadesboro ............................ 187,600Whiteville ............................... 160,000

Total ........................... 8,231,643

Nebraska State Office

Ainsworth .............................. $46,000Albion .................................... 62,000Alma ...................................... 34,500Aurora ................................... 74,000Byard ..................................... 60,000Beemer ................................. 32,900Bellevue ................................ 82,000Benkelman ............................ 49,900Blair ....................................... 105,000Burwell .................................. 25,000Cambridge ............................ 65,000Clarkson ................................ 36,474Creighton .............................. 71,706Coleridge ............................... 26,500Crete ..................................... 110,000Curtis ..................................... 33,500Deshler .................................. 57,000Douglas County .................... 100,000Friend .................................... 52,500Gothenburg ........................... 54,000Hay Springs .......................... 46,500Hemingford ........................... 55,000Humboldt ............................... 52,500Indianola ............................... 64,000Kearney ................................. 111,000Lexington .............................. 116,000Loup city ............................... 60,000Lyons .................................... 64,000Minden .................................. 59,500Nebraska city ........................ 56,000



Neligh .................................... 180,500Newman grove ...................... 63,000Niobrara ................................ 75,000Oakland ................................. 107,500Ord ........................................ 98,000Pawnee city .......................... 87,000Plattsmouth ........................... 91,000Ravenna ................................ 21,500Red cloud .............................. 125,000Schuyler ................................ 49,200Shelton .................................. 35,000St. Edward ............................ 60,000St. Paul ................................. 34,500Stanton .................................. 52,600Stromsburg ........................... 61,000Sutherland ............................. 66,000Tilden .................................... 27,000Verdigre ................................ 58,000Wayne ................................... 75,000Wilber .................................... 4,500Wood river ............................ 29,500Wymore ................................. 45,000

Total ........................... 3,308,280

New Hampshire State Office

Auburn .................................. $230,000Bar Harbor ............................ 171,500Bath ....................................... 57,600Bennington ............................ 150,000Brewer ................................... 285,000Brunswick .............................. 130,000Claremont ............................. 165,000Ellsworth ............................... 45,000Exeter .................................... 115,000Keene .................................... 257,000Laconia ................................. 150,000Mount Desert ........................ 55,500Newmarket ............................ 175,000Old town ................................ 260,000Presque Isle .......................... 130,000Rochester .............................. 245,000Sanford ................................. 269,000Somersworth ......................... 210,000Southwest Harbor ................. 82,000Tremont ................................. 105,000Van Buren ............................. 248,680Waterville .............................. 293,000Westbrook ............................. 165,000Winooski ............................... 106,300

Total ........................... 4,100,580

New Jersey State Office

Belmar ................................... $40,000Boonton ................................. 80,000Buena .................................... 69,000Burlington .............................. 105,000Cape may ............................. 1,410,520Clementon ............................. 57,000Collingswood ......................... 125,000Dover .................................... 479,000Edison ................................... 261,661Freehold ................................ 201,060Glassboro .............................. 504,440Highlands .............................. 467,750Linden ................................... 220,000


Lodi ....................................... 179,500Madison ................................ 300,000Middletown ............................ 197,500Morris county ........................ 254,232Newton .................................. 129,615Ocean city ............................. 110,000Penns grove .......................... 563,356Pleasantville .......................... 140,800Princeton ............................... 345,930Red bank .............................. 132,000Secaucus .............................. 420,000South amboy ......................... 180,000Weehawken .......................... 175,000Wildwood .............................. 274,104

Total ........................... 7,422,468

New Mexico State Office

Village of Maxwell ................. $41,500City of Artesia ....................... 625,000Village of Pecos .................... 100,000City of Bayard ....................... 190,000Rio Arriba County ................. 54,000Santa fe County .................... 365,135City of Espanola ................... 523,700Town of Springer .................. 126,500Town of Taos ........................ 445,000Taos County ......................... 444,000Village of Central .................. 264,000Truth or Consequences ........ 483,000

Total ........................... 3,661,835

New York State Office

Beacon .................................. $355,000Ellenville ................................ 83,900Great Neck ............................ 157,200Greenburgh ........................... 528,000Huntington ............................. 104,300Kingston ................................ 200,900Monticello .............................. 360,150Mount Kisco .......................... 129,995Newburgh .............................. 11,000North Hempstead .................. 106,000North Tarrytown .................... 67,050Port Jerivs ............................. 182,825Ramapo ................................ 421,921Rockville Centre .................... 69,950Spring Valley ......................... 76,500Tarrytown .............................. 125,000Tuckahoe .............................. 60,500Woodridge ............................. 110,500

Total ........................... 3,150,691

Ohio State Office

Allen Metropolitan ................. $219,402Athen Metropolitan ................ 321,770Cambridge Metropolitan ....... 288,650Coshocton Metropolitan ........ 242,990Fairfield Metropolitan ............ 98,020Hocking Metropolitan ............ 153,689Jackson Metropolitan ............ 452,080Logan Metropolitan ............... 158,100London Metropolitan ............. 236,000Morgan Metropolitan ............. 444,000


Noble Metropolitan ................ 68,500Perry Metropolitan ................ 151,845Pike Metropolitan .................. 226,100

Total ........................... 3,061,146

Oklahoma State Office

Atoka ..................................... $100,000Coalgate ................................ 380,000Del City ................................. 250,000Ft. Gibson ............................. 400,000Grandfield ............................. 245,000Haileyville .............................. 151,300Hartshorne ............................ 265,000Idabel .................................... 567,000Indiahoma ............................. 151,015Miami .................................... 500,000Mountain Park ....................... 188,000Norman ................................. 100,000Picher .................................... 350,000Ponca City ............................ 450,000Seminole ............................... 100,000Stigler .................................... 68,000Stroud ................................... 500,000Terral ..................................... 250,000Valliant .................................. 45,000Weleetka ............................... 200,000

Total ........................... 5,260,315

Offices of Native American Programs(ONAP)

Eastern/Woodlands ONAP:Akwesasne ........................ $89,030Bad River .......................... 733,165Grand Portage ................... 225,195Ho Chunk .......................... 632,300Mille Lacs .......................... 126,837Mohican ............................. 368,150Penobscot ......................... 80,000Pleasant Point ................... 212,710Poarch Creek .................... 37,686Red Cliff ............................ 788,315Sac And Fox ..................... 170,273Saginaw Chippewa ........... 23,925St. Croix ............................ 70,278Sokaogon Chippewa ......... 63,100

Total ........................... 3,620,964

Northern Plains ONAP:Santee Sioux ..................... $496,327Utah Paiute ....................... 505,185Trenton .............................. 365,902Winnebago ........................ 463,786Flandreau .......................... 439,122Southern Ute ..................... 460,026Lower Brule ....................... 518,138

Total ........................... 3,248,486

Southwest ONAP:Campo ............................... $461,700Central Cal ........................ 96,000Chemehuevi ...................... 649,600Cocopah ............................ 486,000Duck Valley ....................... 919,160



Fallon ................................. 522,000Hoopa ................................ 370,000Modoc Lassen ................... 450,000Reno Sparks ..................... 487,300Round Valley ..................... 200,000Shoshone Joint ................. 698,000Walker River ...................... 538,200Washoe ............................. 294,500Yavapai ............................. 315,000Yerington ........................... 20,000Yerington ........................... 181,600Ysleta Del Sur ................... 610,800

Total ........................... 7,299,860

Southern Plains ONAP:Kaw Tribal ......................... $453,885Otoe-Missouria .................. 747,500Pawnee Tribal ................... 320,032Tonkawa Tribal .................. 1,486,800

Total ........................... 3,008,217

Northwest ONAP:Cascade Intertribal ............ $1,335,285Coeur d’Alene ................... 515,602Lower Elwha ...................... 249,800Lummi ................................ 243,000Puyallup ............................. 50,000Quileute ............................. 571,980Stilliquamish Tribal ............ 383,052Swinomish ......................... 1,511,593Umatilla reservation .......... 1,112,702

Total ........................... 5,973,014

Alaska ONAP:Copper River Basin Re-

gional ............................. $363,430Metlakatla .......................... 609,270North Pacific Rim .............. 269,552

Total ........................... 1,242,252

Oregon State Office:Ada County ....................... $61,900Boise City .......................... 337,725Idaho Housing Agency ...... 55,000Nampa ............................... 595,700Sicha ................................. 155,200

Idaho total .................. 1,205,525

Douglas ............................. $1,056,224Lincoln County .................. 316,000Northeast Oregon .............. 359,600Umatilla ............................. 516,000

Oregon total ............... 2,247,824

Total ........................... 3,453,349

Pennsylvania State Office

Carbon County ...................... $199,076Columbia County .................. 88,326Cumberland County .............. 170,151Montour County .................... 155,051Northampton County ............. 356,076Northumberland County ........ 451,983


Shamokin .............................. 430,006Snyder County ...................... 74,576Susquehanna County ........... 188,448Williamsport .......................... 731,071Wyoming County .................. 270,000

Total ........................... 3,114,764

Pittsburgh Area Office

Connellsville .......................... $606,900Elk County ............................ 65,757Franklin ................................. 1,000,000Somerset ............................... 1,606,500

Total ........................... 3,279,157

Rhode Island State Office

Bristol .................................... $158,400Burrilville ............................... 121,200Coventry ................................ 169,700Cumberland .......................... 363,965Jamestown ............................ 72,700Johnston ............................... 149,500North Providence .................. 618,700Portsmouth ............................ 67,500South Kingstown ................... 202,100Tiverton ................................. 80,800

Total ........................... 2,004,565

Sacramento Area Office

Plumas County ..................... $747,663

San Antonio Area Office

Alamo .................................... $128,800Alice ...................................... 120,389Aransas Pass ........................ 47,264Bastrop .................................. 179,000Beeville ................................. 73,696Brackettville ........................... 86,016Carrizo Springs ..................... 541,655Devine ................................... 92,960Edcouch ................................ 250,880Edna ...................................... 70,231Elsa ....................................... 33,264Falfurrias ............................... 141,627Goliad .................................... 206,696Gonzales ............................... 107,478Gregory ................................. 161,728Ingleside ................................ 120,736Johnson City ......................... 95,480Karnes City ........................... 101,581Kenedy .................................. 207,200Kingville ................................. 55,776La Grange ............................. 72,016La Joya ................................. 72,000Lockhart ................................ 73,584Los Fresnos .......................... 95,920Luling .................................... 154,000Marble Falls .......................... 130,000Mathis ................................... 200,852McAllen ................................. 483,672Mission .................................. 76,634Nixon ..................................... 168,683


Pleasanton ............................ 59,752Poteet .................................... 25,000Port Isabel ............................. 111,093Poth ....................................... 61,013Round Rock .......................... 84,000Roma .................................... 297,000Runge ................................... 89,000Schertz .................................. 205,796Seguin ................................... 745,590Sinton .................................... 160,161Smiley ................................... 55,000Starr County .......................... 84,000Taft ........................................ 53,000Three Rivers ......................... 97,557Travis County ........................ 327,438Uvalde ................................... 145,000Waelder ................................. 297,582Weslaco ................................ 56,000

Total ........................... 7,303,800

South Carolina State Office

Abbeville ............................... $141,680Anderson ............................... 202,400Atlantic Beach ....................... 96,909Chester ................................. 101,604Darlington .............................. 178,112Fort Mill ................................. 180,419Greenwood ........................... 202,400Greer ..................................... 141,680Hartsville ............................... 207,096Kingstree ............................... 192,685Lancaster .............................. 101,200Laurens ................................. 228,404Marlboro County ................... 113,344Mullins ................................... 123,707Woodruff ............................... 162,730York ....................................... 133,989

Total ........................... 2,508,359

St. Louis Area Office

Bernie .................................... 131,500Bloomfield ............................. 187,300Cabool ................................... 54,200Campbell ............................... 68,700Chaffee ................................. 163,629Clarkton ................................. 107,000Dexter ................................... 250,800East Praire ............................ 743,600Fulton .................................... 731,800Gideon .................................. 264,800Hayti ...................................... 124,000Hillsdale ................................ 31,800Holcomb ................................ 30,600Kirksville ................................ 688,000Lancaster .............................. 18,800Macon ................................... 355,400Mountain Grove .................... 109,000New Madrid ........................... 253,600Olivette .................................. 9,700Pagedale ............................... 219,300Portageville ........................... 587,900Rolla ...................................... 94,800Senath ................................... 255,700St. Charles ............................ 429,600Ste. Genevieve ..................... 84,700



West Plains ........................... 165,800

Total ........................... 6,162,029

Tennessee State Office

Lafayette ............................... $1,377,982Millington ............................... 1,671,605Parsons-Decaturville ............. 202,788Pulaski .................................. 351,662Sparta ................................... 1,469,294

Total ........................... 5,073,331

Texas State Office

Alto ........................................ $498,832Archer City ............................ 358,910Bangs .................................... 709,985Beckville ................................ 123,174Bowie County ........................ 202,873Clifton .................................... 728,544Coleman ................................ 476,287Commerce ............................ 464,795Como .................................... 157,102Daingerfield ........................... 763,023DeKalb .................................. 526,932Eden ...................................... 392,680Electra ................................... 207,235El Paso County ..................... 250,360Gorman ................................. 71,780Grand Saline ......................... 1,495,619Junction ................................. 345,054Killeen ................................... 772,212Knox City .............................. 545,115Levelland ............................... 481,178Lometa .................................. 129,760Malakoff ................................ 438,825Mason ................................... 768,743McGregor .............................. 776,795McKinney .............................. 1,711,520Memphis ............................... 755,875Munday ................................. 60,539New Boston .......................... 933,142Pittsburg ................................ 364,160Princeton ............................... 469,606Robert Lee ............................ 484,720Santa Anna ........................... 777,734Tatum .................................... 321,524

Total ........................... 17,564,633

Virginia State Office

Franklin ................................. $583,331Harrisonburg ......................... 23,200Lee County ........................... 112,000Marion ................................... 53,082Norton ................................... 133,000Scott County ......................... 210,271Staunton ................................ 156,500Waynesboro .......................... 22,566Williamsburg ......................... 21,236Wise County ......................... 125,500Wytheville .............................. 125,950

Total ........................... 1,566,636


Washington State Office

Asotin County ....................... $230,000Grant County ........................ 500,000Kennewick ............................. 1,670,000Renton .................................. 101,000Sedro Woolley ...................... 129,215Snohomish County ............... 216,000Spokane ................................ 250,000Sunnyside ............................. 521,000Walla Walla ........................... 86,000Whatcom County .................. 440,000Yakima .................................. 450,000

Total ........................... 4,593,215

West Virginia State Office

Benwood ............................... $71,415Bluefield ................................ 88,307Buckhannon .......................... 204,455Dunbar .................................. 165,359Elkins .................................... 176,500Grafton .................................. 252,707Jackson County .................... 146,000Kanawha County .................. 172,850McMecken ............................. 40,443Mingo County ........................ 152,414Parkersburg .......................... 73,980Pt. Pleasant .......................... 504,000Romney ................................. 116,496St. Albans ............................. 652,500South Charleston .................. 243,000Weirton .................................. 189,000Williamson ............................. 658,726

Total ........................... 3,908,152

Wisconsin State Office

Appleton ................................ $624,500Ashland ................................. 429,022Beloit ..................................... 221,525Boscobel ............................... 35,872Bruce ..................................... 67,650Burnett County ...................... 93,800Clintonville ............................. 107,950Dane County ......................... 591,488Depere .................................. 319,750Grantsburg ............................ 143,941Green Bay ............................. 385,295Kaukauna .............................. 51,600Ladysmith .............................. 559,560Luck ...................................... 71,450Manitowoc ............................. 423,500Marshfield ............................. 151,000Menomonie ........................... 244,500Merrill .................................... 175,500Monroe .................................. 612,500New London .......................... 146,500Racine County ...................... 173,700Richland Center .................... 45,200River Falls ............................. 152,000Slinger ................................... 491,900Spooner ................................ 364,320Thorp ..................................... 271,692Trempeleau County .............. 84,200Washburn .............................. 165,940Winnebago County ............... 264,800


Wisconsin Rapids ................. 218,000

Total ........................... 7,688,655

[FR Doc. 96–7646 Filed 3–28–96; 8:45 am]BILLING CODE 4210–33–P


Office of the Assistant Secretary forCommunity Planning andDevelopment; Federal PropertySuitable as Facilities To Assist theHomeless

AGENCY: Office of the AssistantSecretary for Community Planning andDevelopment, HUD.ACTION: Notice.

SUMMARY: This Notice identifiesUnderutilized, underutilized, excess,and surplus Federal property reviewedby HUD for suitability for possible useto assist the homeless.FOR FURTHER INFORMATION CONTACT:Mark Johnston, room 7256, Departmentof Housing and Urban Development,451 Seventh Street SW., Washington,DC 20410; telephone (202) 708–1226;TDD number for the hearing- andspeech-impaired, (202) 708–2565 (thesetelephone numbers are not toll-free), orcall the toll-free Title V information lineat 1–800–927–7588.SUPPLEMENTARY INFORMATION: Inaccordance with 24 CFR part 581 andsection 501 of the Stewart B. McKinneyHomeless Assistance Act (42 U.S.C.11411), as amended, HUD is publishingthis Notice to identify Federal buildingsand other real property that HUD hasreviewed for suitability for use to assistthe homeless. The properties werereviewed using information provided toHUD by Federal landholding agenciesregarding unutilized and underutilizedbuildings and real property controlledby such agencies or by GSA regardingits inventory of excess or surplusFederal property. This Notice is alsopublished in order to comply with theDecember 12, 1988 Court Order inNational Coalition for the Homeless v.Veterans Administration, No. 88–2503–OG (D.D.C.).

Properties reviewed are listed in thisNotice according to the followingcategories: Suitable/available, suitable/unavailable, suitable/to be excess, andunsuitable. The properties listed in thethree suitable categories have beenreviewed by the landholding agencies,


and each agency has transmitted toHUD: (1) Its intention to make theproperty available for use to assist thehomeless, (2) its intention to declare theproperty excess to the agency’s needs, or(3) a statement of the reasons that theproperty cannot be declared excess ormade available for use as facilities toassist the homeless.

Properties listed as suitable/availablewill be available exclusively forhomeless use for a period of 60 daysfrom the date of this Notice. Homelessassistance providers interested in anysuch property should send a writtenexpression of interest to HHS, addressedto Brian Rooney, Division of PropertyManagement, Program Support Center,HHS, room 5B–41, 5600 Fishers Lane,Rockville, MD 20857; (301) 443–2265.(This is not a toll-free number.) HHSwill mail to the interested provider anapplication packet, which will includeinstructions for completing theapplication. In order to maximize theopportunity to utilize a suitableproperty, providers should submit theirwritten expressions of interest as soonas possible. For complete detailsconcerning the processing ofapplications, the reader is encouraged torefer to the interim rule governing thisprogram, 24 CFR part 581.

For properties listed as suitable/to beexcess, that property may, ifsubsequently accepted as excess byGSA, be made available for use by thehomeless in accordance with applicablelaw, subject to screening for otherFederal use. At the appropriate time,HUD will publish the property in aNotice showing it as either suitable/available or suitable/unavailable.

For properties listed as suitable/unavailable, the landholding agency hasdecided that the property cannot bedeclared excess or made available foruse to assist the homeless, and theproperty will not be available.

Properties listed as unsuitable willnot be made available for any otherpurpose for 20 days from the day of thisNotice. Homeless assistance providersinterested in a review by HUD of thedetermination of unsuitability shouldcall the toll-free information line at 1–800–927–7588 for detailed instructionsor write a letter to Mark Johnston at theaddress listed at the beginning of thisNotice. Included in the request forreview should be the property address(including ZIP CODE), the date ofpublication in the Federal Register, thelandholding agency, and the propertynumber.

For more information regardingparticular properties identified in thisNotice (i.e., acreage, floor plan, existingsanitary facilities, exact street address),

providers should contact theappropriate landholding agencies at thefollowing address: U.S. Army: Mr.Derrick Mitchell, CECPW–FP, U.S.Army Center for Public Works, 7701Telegraph Road, Alexandria, VA 22310–3862; (703) 428–6083 (these are not toll-free numbers).

Dated: March 22, 1996.Mark C. Gordon,General Deputy Assistant Secretary forCommunity Planning and Development.

Title V. Federal Surplus Property Program,Federal Register Report for 03/29/96

Suitable/Available Properties

Buildings (by State)

Alabama

Bldg. 8913Fort Rucker7th AvenueFt. Rucker Co: Dale AL 36362–Landholding Agency: ArmyProperty Number: 219140025Status: UnutilizedComment: 3100 sq. ft., 1 story wood, most

recent use—chaplain’s conference room,off-site use only.

Bldg. 8914Fort Rucker7th AvenueFt. Rucker Co: Dale AL 36362–Landholding Agency: ArmyProperty Number: 219140026Status: UnutilizedComment: 2250 sq. ft., 1 story wood, most

recent use—chaplain headquarters, off-siteuse only.

Bldg. TO3203, Fort RuckerCowboy & Crusader St.Fort Rucker Co: Dale AL 36362–Landholding Agency: ArmyProperty Number: 219210002Status: UnutilizedComment: 5310 sq. ft., two story wood

structure, most recent use—barracks,presence of asbestos, off-site use only.





Bldg. TO3208, Fort RuckerCowboy & Crusader St.Fort Rucker Co: Dale AL 36362–Landholding Agency: ArmyProperty Number: 219210005Status: Unutilized

Comment: 5310 sq. ft., two story woodstructure, most recent use—barracks,presence of asbestos, off-site use only.





Bldg. 3502, Fort RuckerFt. Rucker Co: Dale AL 36362–5138Landholding Agency: ArmyProperty Number: 219340181Status: UnutilizedComment: 5310 sq. ft., 2-story wood, needs

rehab, presence of asbestos, most recentuse—instruction bldg., off-site use only.


rehab, most recent use—barracks, off-siteuse only.






rehab, most recent use—general purpose,off-site use only.


rehab, most recent use—general purpose,off-site use only.

Bldg. 3707, Fort RuckerFt. Rucker Co: Dale AL 36362–5138Landholding Agency: ArmyProperty Number: 219340188Status: Unutilized


Comment: 5310 sq. ft., 2-story wood, needsrehab, presence of asbestos, most recentuse—barracks, off-site use only.


rehab, presence of asbestos, most recentuse—barracks, off-site use only.


rehab, presence of asbestos, most recentuse—general purpose, off-site use only.

Bldg. T274, Fort McClellanFt. McClellan Co: Calhoun AL 36205–5000Landholding Agency: ArmyProperty Number: 219440389Status: UnutilizedComment: 3967 sq. ft., 1-story, most recent

use—clinic, needs rehab, off-site use only.Bldg. T421, Fort McClellanFt. McClellan Co: Calhoun AL 36205–5000Landholding Agency: ArmyProperty Number: 219440393Status: UnutilizedComment: 1602 sq. ft., 1-story, most recent

use—support activity, needs rehab, off-siteuse only.

Bldgs. T614, T692Fort McClellanFt. McClellan Co: Calhoun AL 36205–5000Landholding Agency: ArmyProperty Number: 219440394Status: UnutilizedComment: 2314 sq. ft. & 2685 sq. ft., 1-story

bldgs., most recent use—admin., off-siteuse only.

7 Bldgs.Fort McClellan#829–831, 833, 835–836, 844Ft. McClellan Co: Calhoun AL 36205–5000Landholding Agency: ArmyProperty Number: 219440395Status: UnutilizedComment: 4425 sq. ft. each, 2-story, most

recent use—barracks, off-site use only.Bldg. T00893Fort McClellanFt. McClellan Co: Calhoun AL 36205–5000Landholding Agency: ArmyProperty Number: 219440396Status: UnutilizedComment: 2369 sq. ft., 1-story, most recent

use—chapel, off-site use only.Bldgs. T903, T909Fort McClellanFt. McClellan Co: Calhoun AL 36205–5000Landholding Agency: ArmyProperty Number: 219440397Status: UnutilizedComment: 1677 sq. ft. and 1166 sq. ft. bldgs.,

most recent use—classroom, off-site useonly.

Bldgs. T916–T917, T925Fort McClellanFt. McClellan Co: Calhoun AL 36205–5000Landholding Agency: ArmyProperty Number: 219440398

Status: UnutilizedComment: 3075–4500 sq. ft., 1-story, most

recent use—barracks, off-site use only.Bldg. T1398Fort McClellanFt. McClellan Co: Calhoun AL 36205–5000Landholding Agency: ArmyProperty Number: 219440399Status: UnutilizedComment: 3108 sq. ft., 1-story, most recent

use—classroom, needs rehab, off-site useonly.

Bldg. 60101Shell Army HeliportFt. Rucker Co: Dale AL 36362–5000Landholding Agency: ArmyProperty Number: 219520152Status: UnutilizedComment: 6082 sq. ft., 1-story, most recent

use—airfield fire station, off-site use only.Bldg. 60100Shell Army HeliportFt. Rucker Co: Dale AL 36362–5000Landholding Agency: ArmyProperty Number: 219520153Status: UnutilizedComment: 64 sq. ft., metal structure, most

recent use—sentry station, off-site useonly.

Bldg. 60103Shell Army HeliportFt. Rucker Co: Dale AL 36362–5000Landholding Agency: ArmyProperty Number: 219520154Status: UnutilizedComment: 12516 sq. ft., most recent use—

admin., off-site use only.Bldg. 60110Shell Army HeliportFt. Rucker Co: Dale AL 36362–5000Landholding Agency: ArmyProperty Number: 219520155Status: UnutilizedComment: 8319 sq. ft., 1-story, most recent

use—admin., off-site use only.Bldg. 60113Shell Army HeliportFt. Rucker Co: Dale AL 36362–5000Landholding Agency: ArmyProperty Number: 219520156Status: UnutilizedComment: 4000 sq. ft., 1-story, most recent

use—admin., off-site use only.Bldgs. 832, 834Fort McClellanFt. McClellan Co: Calhoun AL 36205–5000Landholding Agency: ArmyProperty Number: 219540010Status: UnutilizedComment: 4425 sq. ft. each, most recent

use—barracks w/o mess, off-site use only.AlaskaBldg. 400Fort RichardsonFt. Richardson AK 99505–Landholding Agency: ArmyProperty Number: 219440400Status: UnutilizedComment: 13056 sq. ft., 2-story wood frame,

presence of lead paint and asbestos, off-siteuse only.

Bldg. 402Fort RichardsonFt. Richardson AK 99505–

Landholding Agency: ArmyProperty Number: 219440401Status: UnutilizedComment: 13056 sq. ft., 2-story wood frame,


Bldg. 407Fort RichardsonFt. Richardson AK 99505–Landholding Agency: ArmyProperty Number: 219440402Status: UnutilizedComment: 13056 sq. ft., 2-story wood frame,


ArizonaBldg. 70117—Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219120306Status: ExcessComment: 3434 sq. ft., 1 story wood

structure, presence of asbestos, most recentuse—general instructional, off-site useonly.

Bldg. 70118—Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219120307Status: ExcessComment: 3434 sq. ft., 1 story wood





structure, presence of asbestos, most recentuse—admin. gen. purpose, off-site useonly.





Bldg. 83007—Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219120312


Status: ExcessComment: 2000 sq. ft., 2 story wood






Bldg. 81001Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219240720Status: UnutilizedComment: 4386 sq. ft., 2 story wood frame,

possible asbestos, most recent use—administrative, scheduled to becomevacant in 6 months, off-site use only.






possible asbestos, most recent use—barracks, scheduled to become vacant in 6months, off-site use only.



Bldg. 72220

Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219240730Status: UnutilizedComment: 2879 sq. ft., 1 story wood frame,





possible asbestos, most recent use—classrooms, scheduled to become vacant in6 months, off-site use only.


possible asbestos, most recent use—classrooms, scheduled to become vacant in6 months, offsite use only.






possible asbestos, scheduled to becomevacant in 6 months, most recent use—offices, off-site use only.

Bldg. 70111Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219240740Status: Unutilized

Comment: 2800 sq. ft., 1 story wood frame,possible asbestos, scheduled to becomevacant in 6 months, most recent use—offices, off-site use only.















Bldg. 70211


Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219240748Status: UnutilizedComment: 2966 sq. ft., 1 story wood frame,













possible asbestos, scheduled to becomevacant in 6 months, most recent use—storehouse, off-site use only.


Comment: 4386 sq. ft., 1 story wood frame,possible asbestos, scheduled to becomevacant in 6 months, most recent use—storehouse, off-site use only.


possible asbestos, scheduled to becomevacant in 6 months, most recent use—storehouse, off-site use only.

Bldg. 70216, Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219310287Status: ExcessComment: 3725 sq. ft., 1-story wood,

presence of asbestos, most recent use—admin., off-site use only.



Bldg. 70214, Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219310289Status: ExcessComment: 3142 sq. ft., 1-story wood

structure, presence of asbestos, most recentuse—admin., off-site use only.






presence of asbestos, most recent use—classroom, off-site use only.

Bldg. 70217, Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219310293Status: ExcessComment: 304 sq. ft., 1-story concrete block,

presence of asbestos, most recent use—storage, off-site use only.

Bldg. 80010, Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219310294

Status: ExcessComment: 2318 sq. ft., 1-story wood,

presence of asbestos, most recent use—admin.

Bldg. 84103, Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219310296Status: ExcessComment: 984 sq. ft., 1-story, presence of

asbestos and lead paint, most recent use—admin.


presence of asbestos and lead paint, mostrecent use—classroom.

Bldg. 30012, Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219310298Status: ExcessComment: 237 sq. ft., 1-story block, most

recent use—storage.Bldg. S–120Yuma Proving GroundYuma Co: Yuma/LaPaz AZ 85365–9104Landholding Agency: ArmyProperty Number: 219320202Status: UnderutilizedComment: 6845 sq. ft., 1-story, wood frame,

presence of asbestos, most recent use—bowling center, scheduled to be vacated11/15/93.

Bldg. 67221U.S. Army Intelligence Center, Fort

HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219330235Status: UnutilizedComment: 1068 sq. ft., 1-story wood,

presence of asbestos, most recent use—office, off-site use only.


HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219330236Status: UnutilizedComment: 984 sq. ft., 1-story wood, presence

of asbestos, most recent use—office, off-siteuse only.


HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219330237Status: UnutilizedComment: 2147 sq. ft., 1-story wood,


Bldg. S–1005Yuma Proving GroundYuma Co: Yuma/LaPaz AZ 85365–9104Landholding Agency: ArmyProperty Number: 219340198Status: UnutilizedComment: 176 sq. ft., 1-story, cold storage

bldg., needs repair, off-site use only.


Bldg. 67116Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219410243Status: UnutilizedComment: 1784 sq. ft.; 1-story; wood; most

recent use—admin.; off-site use only.Bldg. 67205Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219410244Status: UnutilizedComment: 2166 sq. ft.; 2-story; wood; most



recent use—admin.; off-site use only.Bldg. 73913Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219410247Status: UnutilizedComment: 910 sq. ft.; 1 story; wood; most





recent use—recreation center; off-site useonly.

Bldg. 30126

Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219410252Status: UnutilizedComment: 9324 sq. ft.; 1 story; wood; most

recent use—maintenance; off-site use only.Bldg. 84014Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219410253Status: UnutilizedComment: 2260 sq. ft.; 1 story; wood; most

recent use—admin.; off-site use only.Bldg. S–106Yuma Proving GroundYuma Co: Yuma/La Paz AZ 85365–9104Landholding Agency: ArmyProperty Number: 219420345Status: UnderutilizedComment: 1101 sq. ft., 1-story, cold storage

bldg., needs repair.Bldgs. 67210, 67217Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219420347Status: UnutilizedComment: 1165 sq. ft.; 1 story; wood;


Bldg. 80005Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219430245Status: UnutilizedComment: 1718 sq. ft.; 1 story; wood; most

recent use—instructional bldg., needsrepair, off-site use only.

Bldg. 80006Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219430246Status: UnutilizedComment: 1628 sq. ft.; 1 story; wood frame;

most recent use—instructional bldg.; needsrepair, off-site use only.


most recent use—instructional bldg.; needsrepair, off-site use only.


most recent use—admin.; needs repairs,off-site use only.


Comment: 2193 sq. ft.; 2 story; wood frame;most recent use—admin.; needs repair, off-site use only.


most recent use—instructional bldg., needsrepair, off-site use only.

Bldg. 503, Yuma Proving GroundYuma Co: Yuma AZ 85365–9104Landholding Agency: ArmyProperty Number: 219520073Status: UnderutilizedComment: 3789 sq. ft., 2-story, major

structural changes required to meet floorloading & fire code requirements, presenceof asbestos.

Bldgs. 63001, 80112Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219520157Status: ExcessComment: 1898–2000 sq. ft., 1-story,

presence of asbestos and lead base paint,off-site use only.

9 Classroom FacilitiesFort HuachucaSierra Vista Co: Cochise AZ 85635–Location: Bldgs. 67111, 67118, 67124, 67209,

81005, 81006, 81008, 83024, 84003Landholding Agency: ArmyProperty Number: 219520158Status: ExcessComment: 1044–2602 sq. ft., 1–2 story,


Bldg. 67214Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219520159Status: ExcessComment: 955 sq. ft., 1 story, most recent

use—rec. bldg., presence of asbestos andlead base paint, off-site use only.

2 Storage FacilitiesFort HuachucaSierra Vista Co: Cochise AZ 85635–Location: Bldgs. 72320, 80017Landholding Agency: ArmyProperty Number: 219520160Status: ExcessComment: 2340 sq. ft.; 1–2 story; presence of

asbestos and lead base paint, off-site useonly.

10 Admin. FacilitiesFort HuachucaSierra Vista Co: Cochise AZ 85635–Location: Bldgs. 80025, 80027, 80028, 80102,

81002, 81009, 81102, 83025, 83026, 84008Landholding Agency: ArmyProperty Number: 219520161Status: ExcessComment: 996–2193 sq. ft.; 1–2 story;

presence of asbestos and lead base point,off-site use only.

12 Admin. FacilitiesFort HuachucaSierra Vista Co: Cochise AZ 85635–


Location: Bldgs. 67110, 67114, 67115, 67121,67122, 67226, 67228, 70122, 80008, 80009,80013, 80024

Landholding Agency: ArmyProperty Number: 219520162Status: ExcessComment: 1041–3298 sq. ft.; 1–2 story;


10 BarracksFort HuachucaSierra Vista Co: Cochise AZ 85635–Location: Bldgs. 67102–67106, 67125–67129Landholding Agency: ArmyProperty Number: 219520163Status: ExcessComment: 1352–2291 sq. ft.; 2-story;


Bldgs. 51449, 73903, 73904Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219520164Status: ExcessComment: 40–5300 sq. ft., 1-story, most

recent use—maint. shops, presence ofasbestos & lead base paint, off-site useonly.

Georgia

Bldg. 5390Fort Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219010137Status: UnutilizedComment: 2432 sq. ft.; most recent use—

dining room; needs rehab.Bldg. 5362Fort Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219010147Status: UnutilizedComment: 5559 sq. ft.; most recent use—

service club; needs rehab.Bldg. 5392Fort Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219010151Status: UnutilizedComment: 2432 sq. ft.; most recent use—

dining room; needs rehab.Bldg. 5391Fort Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219010152Status: UnutilizedComment: 2432 sq. ft.; most recent use—

dining room; needs rehab.Bldg. 4605Fort BenningFort Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219011493Status: UnutilizedComment: 915 sq. ft., buildings in poor

condition, major construction needed to bemade habitable.

Bldg. 4487Fort BenningFort Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219011681Status: Unutilized

Comment: 1868 sq. ft.; most recent use—telephone exchange bldg.; needssubstantial rehabilitation; 1 floor.

Bldg. 4319Fort BenningFort Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219011683Status: UnutilizedComment: 2584 sq. ft.; most recent use—

vehicle maintenance shop; needssubstantial rehabilitation; 1 floor.

Bldg. 3400Fort BenningFort Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219011694Status: UnutilizedComment: 2570 sq. ft.; most recent use—fire

station; needs substantial rehabilitation; 1floor.


clinic; needs substantial rehabilitation; 1floor.


inflamable materials storage; needssubstantial rehabilitation; 1 floor.

Bldg. 4089Fort BenningFort Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219011710Status: UnutilizedComment: 176 sq. ft.; most recent use—gas

station; needs substantial rehabilitation; 1floor.

Bldg. 1235Fort Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219014887Status: UnutilizedComment: 9367 sq. ft.; 1 story building;

needs rehab; most recent use—GeneralStorehouse.


needs rehab; most recent use—GeneralStorehouse.


needs rehab; most recent use—Arms RepairShop.

Bldg. 4491Fort Benning Co: Muscogee GA 31905–

Landholding Agency: ArmyProperty Number: 219014916Status: UnutilizedComment: 18240 sq. ft.; 1 story building;

needs rehab; most recent use—Vehiclemaintenance shop.


needs rehab; most recent use—TrainingBuilding.


needs rehab; most recent use—Headquarters Building.

Bldg. 2150Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219120258Status: UnutilizedComment: 3909 sq. ft. 1 story, needs rehab,

most recent use—general inst. bldg.Bldg. 2409Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219120263Status: UnutilizedComment: 9348 sq. ft. 1 story, needs rehab,

most recent use—general purposewarehouse.


most recent use—vehicle maintenanceshop.


most recent use—general storehouse.Bldg. 3086, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219220688Status: UnutilizedComment: 4720 sq. ft. 2 story, recent use—

barracks, needs major rehab, off-siteremoval only.

Bldg. 3089, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219220689Status: UnutilizedComment: 4720 sq. ft. 2 story, recent use—


Bldg. 3092, Fort BenningFt. Benning Co: Muscogee GA 31905–


Landholding Agency: ArmyProperty Number: 219220690Status: UnutilizedComment: 4720 sq. ft. 2 story, recent use—


Bldg. 1252, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219220694Status: UnutilizedComment: 583 sq. ft., 1 story, most recent

use—storehouse, needs major rehab, off-site removal only.










use—storehouse, need repairs, off-siteremoval only.


use—storehouse, need repairs, off-siteremoval only.


use—dining facility, need major rehab, off-site removal only.

Bldg. 3085, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219220715

Status: UnutilizedComment: 2253 sq. ft., 1 story, most recent

use—dining facility, need major rehab, off-site removal only.


use—storage, needs major rehab, off-siteremoval only.


use—storage, need repairs, off-site removalonly.


use—storage, need repairs, off-site removalonly.


use—general instruction bldg., needs majorrehab, off-site removal only.


use—offices, needs major rehab, off-siteremoval only.


use—offices, need repairs, off-site removalonly.


use—offices, need repairs, off-site removalonly.


use—vehicle maintenance shop, needrepairs, off-site removal only.

Bldg. 4960, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219220752Status: Unutilized

Comment: 3335 sq. ft., 1 story, most recentuse—vehicle maintenance shop, off-siteremoval only.


use—vehicle maintenance shop, off-siteremoval only.


use—warehouse, needs major rehab, off-site removal only.






use—headquarters bldg., need repairs, off-site removal only.






use—supply bldg., needs major rehab, off-site removal only.


use—supply bldg., needs repairs, off-siteremoval only.



use—supply bldg., needs repairs, off-siteremoval only.


use—training center, needs major rehab,off-site removal only.


use—training center, needs major rehab,off-site removal only.


use—training bldg., needs major rehab, off-site removal only.


use—gas station, needs repairs, off-siteremoval only.


use—gas station, needs major rehab, off-site removal only.


use—oil house, needs repairs, off-siteremoval only.


use—sentry station, needs major rehab, off-site removal only.

Bldg. 4114, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219310407Status: UnutilizedComment: 4425 sq. ft., 2-story, needs rehab,

most recent use—barracks, off-site useonly.


Landholding Agency: ArmyProperty Number: 219310408Status: UnutilizedComment: 4425 sq. ft., 2-story, needs rehab,













most recent use—barrcks, off-site use only.Bldg. 4138, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219310415Status: UnutilizedComment: 4425 sq. ft., 2-story, needs rehab,





Comment: 4720 sq. ft., 2-story, needs rehab,most recent use—barracks, off-site useonly.



































most recent use—day room, off-site useonly.






















Bldg. 3072, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219310447

Status: UnutilizedComment: 479 sq. ft., 1-story, needs rehab,

most recent use—hdqtrs. bldg., off-site useonly.


most recent use—hdqtrs bldg., off-site useonly.








most recent use—dining facility, off-siteuse only.









Comment: 3755 sq. ft., 1-story, needs rehab,most recent use—dining facility, off-siteuse only.




most recent use—maintenance shop, off-site use only.


most recent use—maintenance shop, off-site use only.


most recent use—admin. off-site use only.Bldg. 4026, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219310464Status: UnutilizedComment: 2330 sq. ft., 1-story, needs rehab,




most recent use—storehouse, off-site useonly.



Bldg. 4134, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: Army

Property Number: 219310469Status: UnutilizedComment: 1017 sq. ft., 1-story, needs rehab,





most recent use—storage, off-site use only.Bldg. 10304, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219310475Status: UnutilizedComment: 1040 sq. ft., 1-story, needs rehab,

most recent use—scout bldg., off-site useonly.








most recent use—snack bar, off-site useonly.


most recent use—arms bldg., off-site useonly.


Comment: 1017 sq. ft., 1-story, needs rehab,most recent use—arms bldg., off-site useonly.







Bldg. 26306Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219320225Status: UnutilizedComment: 1272 sq. ft., 1 story wood frame,

possible asbestos, need repairs, off-site useonly, most recent use—storage.


presence of asbestos, need repairs, off-siteuse only, most recent use—offices.


presence of asbestos, needs rehab, off-siteuse only, most recent use—storage.


presence of asbestos, needs roof repairs,off-site use only, most recent use—storage.

Bldg. 354, Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219330259Status: UnutilizedComment: 4237 sq. ft., 1-story wood, possible

termite damage, needs repair, presence ofasbestos, most recent use—offices, off-siteuse only.

Bldg. 355, Fort GordonFt. Gordon Co: Richmond GA 30905–


Landholding Agency: ArmyProperty Number: 219330260Status: UnutilizedComment: 4237 sq. ft., 1-story wood, needs

repair, presence of asbestos, most recentuse—offices, off-site use only.


termite damage, needs repair, most recentuse—offices, off-site use only.


termite damage, needs repair, most recentuse—offices, off-site use only.

Bldg. 377, Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219330263Status: UnutilizedComment: 4768 sq. ft., 1-story wood, needs

repair, presence of asbestos, most recentuse—offices, off-site use only.

Bldg. 18704, Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219330265Status: UnutilizedComment: 4524 sq. ft., 2-story wood,

presence of asbestos, most recent use—offices, off-site use only.


termite damage, presence of asbestos, mostrecent use—offices, off-site use only.




rehab, most recent use—offices, off-site useonly.



Bldg. 25503, Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219330273

Status: UnutilizedComment: 6816 sq. ft., 1-story wood,







rehab, possible asbestos, most recent use—offices, off-site use only.


presence of asbestos, most recent use—classrooms, off-site use only.


presence of asbestos, most recent use—classrooms, off-site use only.


repair, presence of asbestos, most recentuse—laboratory, off-site use only.


termite damage, needs repair, presence ofasbestos, most recent use—laboratory, off-site use only.


termite damage, presence of asbestos, mostrecent use—medical admin., off-site useonly.

Bldg. 335, Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219330292

Status: UnutilizedComment: 4300 sq. ft., 1-story wood, possible

termite damage, needs repair, presence ofasbestos, most recent use—laboratory, off-site use only.


presence of asbestos, most recent use—laboratory, off-site use only.

Bldg. 352, Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219330294Status: UnutilizedComment: 560 sq. ft., 1-story metal, presence

of asbestos, most recent use—equip.storage, off-site use only.

Bldg. 10501Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219410264Status: UnutilizedComment: 2516 sq. ft., 1-story wood; needs

rehab.; most recent use—office; off-site useonly.

Bldg. 10601Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219410265Status: UnutilizedComment: 1334 sq. ft.; 1-story; wood; most

recent use—office; off-site use only.Bldg. 20303Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219410266Status: UnutilizedComment: 2376 sq. ft.; 1-story; wood; needs

rehab.; most recent use—office; off-site useonly.

Bldg. 41504Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219410267Status: UnutilizedComment: 2516 sq. ft.; 1-story; wood; needs

rehab.; most recent use—store; off-site useonly.

Bldg. 11813Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219410269Status: UnutilizedComment: 70 sq. ft.; 1-story; metal; needs

rehab.; most recent use—storage; off-siteuse only.

Bldg. 21314Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219410270Status: UnutilizedComment: 85 sq. ft.; 1-story; needs rehab.;

most recent use—storage; off-site use only.Bldg. 951


Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219410271Status: UnutilizedComment: 17,825 sq. ft.; 1-story; wood; needs

rehab.; most recent use—workshop; off-siteuse only.

Bldg. 12809Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219410272Status: UnutilizedComment: 2788 sq. ft.; 1-story; wood; needs

rehab.; most recent use—maintenanceshop; off-site use only.

Bldg. 10306Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219410273Status: UnutilizedComment: 195 sq. ft.; 1-story; wood; most

recent use—oil storage shed; off-site useonly.

Bldg. P–8582Hunter Army AirfieldSavannah Co: Chatham GA 31409–Landholding Agency: ArmyProperty Number: 219420355Status: UnutilizedComment: 5892 sq. ft., 2-story, steel, needs

major repairs, most recent use—radartower, off-site use only.

Bldg. T–305, Fort StewartHinesville Co: Liberty GA 31314–Landholding Agency: ArmyProperty Number: 219510103Status: ExcessComment: 2340 sq. ft., 1-story, most recent

use—hosp. clinic, needs rehab, off-site useonly.

Bldg. T–1414Hunter Army AirfieldSavannah Co: Chatham GA 31409–Landholding Agency: ArmyProperty Number: 219510106Status: ExcessComment: 2000 sq. ft., 1-story, most recent

use—office, needs rehab, off-site use only.Bldg. 2813, Ft. BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219520074Status: UnutilizedComment: 40536 sq. ft., 4-story, most recent

use—admin., needs major repair, off-siteuse only.

Bldg. 5982, Ft. BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219520075Status: UnutilizedComment: 535 sq. ft., 1-story, most recent

use—admin., needs major repair, off-siteuse only.

Bldg. 401Hunter Army AirfieldSavannah Co: Chatham GA 31409–Landholding Agency: ArmyProperty Number: 219520076Status: Unutilized

Comment: 5167 sq. ft., 1-story, needs majorrepair, most recent use—office, off-site useonly.

Bldg. T–901Hunter Army AirfieldSavannah Co: Chatham GA 31409–Landholding Agency: ArmyProperty Number: 219520077Status: UnutilizedComment: 1828 sq. ft., 1-story, needs major

repair, most recent use—admin., off-siteuse only.

Bldg. T–902Hunter Army AirfieldSavannah Co: Chatham GA 31409–Landholding Agency: ArmyProperty Number: 219520078Status: UnutilizedComment: 1828 sq. ft., 1-story, needs major

repair, most recent use—admin., off-siteuse only.

Bldg. 33605, Fort GordonFort Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219520079Status: UnutilizedComment: 10864 sq. ft., 2-story, needs repair,

presence of asbestos & lead paint, mostrecent use—office, off-site use only.

Bldg. 51202, Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219520080Status: UnutilizedComment: 1555 sq. ft., 1-story, needs repair,

presence of lead paint, most recent use—office, off-site use only.

Bldg. 91401, Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219520081Status: UnutilizedComment: 2132 sq. ft., 1-story, needs repair,

presence of asbestos & lead paint, mostrecent use—office, off-site use only.

Bldgs. 61401 and 91501Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219520132Status: UnutilizedComment: 7036 sq. ft. each, 2-story, needs

rehab, presence of asbestos & lead basepaint, most recent use—barracks, off-siteuse only.

Bldg. 2814, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219520133Status: UnutilizedComment: 40536 sq. ft., 4-story, most recent

use—barracks w/dining, needs majorrepair, off-site use only.

Bldg. 5002, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219520134Status: UnutilizedComment: 5310 sq. ft., 2-story, most recent

use—barracks, needs major repair, off-siteuse only.

Bldg. 5007, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: Army

Property Number: 219520135Status: UnutilizedComment: 5310 sq. ft., 2-story, most recent

use—barracks, needs major repair, off-siteuse only.


most recent use—theater, off-site use only.Bldg. 227, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219520166Status: UnutilizedComment: 14019 sq. ft., 2-story, needs rehab,

most recent use—NCO club, off-site useonly.


most recent use—warehouse, off-site useonly.





Bldg. 1755, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219520170Status: UnutilizedComment: 3142 sq. ft., needs rehab, most

recent use—maint. shop, off-site use only.Bldg. 2398, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219520171Status: UnutilizedComment: 6077 sq. ft., needs rehab, most


recent use—maint. shop, off-site use only.Bldg. 3802, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219520173Status: UnutilizedComment: 3362 sq. ft., 1-story, needs rehab,

most recent use—chapel, off-site use only.Bldg. 4011, Fort BenningFt. Benning Co: Muscogee GA 31905–





most recent use—storage, off-site use only.Bldg. 4495, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219520176Status: UnutilizedComment: 4367 sq. ft., 1-story, needs rehab,

most recent use—training, off-site use only.Bldg. 4496, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219520177Status: UnutilizedComment: 4367 sq. ft., 1-story, needs rehab,

most recent use—training, off-site use only.Bldg. 4635, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219520178Status: UnutilizedComment: 2284 sq. ft., 1-story, needs rehab,

off-site use only.Bldg. 4762, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219520179Status: UnutilizedComment: 3148 sq. ft., needs rehab, most



recent use—maint. shop, off-site use only.Bldg. 11301, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219520182Status: UnutilizedComment: 1068 sq. ft., 1-story, needs rehab,


Bldg. A1401, Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219520183Status: UnutilizedComment: 3428 sq. ft., 1-story, needs rehab,

presence of asbestos & lead base paint, off-site use only.

Bldg. A1618, Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: Army

Property Number: 219520184Status: UnutilizedComment: 2800 sq. ft., 1-story, needs rehab,

most recent use—storage, presence ofasbestos & lead base paint, off-site useonly.

Bldg. 61404, Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219520185Status: UnutilizedComment: 3428 sq. ft., 1-story, most recent

use—maint. shop, needs rehab, presence ofasbestos & lead base paint, off-site useonly.

Bldg. 91704, Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219520186Status: UnutilizedComment: 2788 sq. ft., 1-story, most recent

use—vehicle maint., needs rehab, presenceof asbestos & lead base paint, off-site useonly.

HawaiiP–88Aliamanu Military ReservationHonolulu Co: Honolulu HI 96818–Location: Approximately 600 feet from Main

Gate on Aliamanu DriveLandholding Agency: ArmyProperty Number: 219030324Status: UnutilizedComment: 45,216 sq. ft. underground tunnel

complex, pres. of asbestos clean-uprequired of contamination, use of respiratorrequired by those entering property, uselimitations.

Bldg. 302Fort ShafterHonolulu Co: Honolulu HI 96818–Landholding Agency: ArmyProperty Number: 219320236Status: UnutilizedComment: 39 sq. ft., most recent use—sentry

station, off-site use only.Bldg. T–119Fort ShafterHonolulu HI 96819–Landholding Agency: ArmyProperty Number: 219430252Status: UnutilizedComment: 10205 sq. ft., wood structure, some

termite damage, most recent use—aboveground swimming pool, off-site use only.

Bldg. S–108Helemano Military ReservationWahiawa HI 96786–Landholding Agency: ArmyProperty Number: 219510101Status: ExcessComment: 2400 sq. ft., 1-story, needs rehab,

most recent use—fire station, off-site useonly.

Bldg. S–107Helemano Military ReservationWahiawa HI 96786–Landholding Agency: ArmyProperty Number: 219510102Status: ExcessComment: 2000 sq. ft., 1-story, most recent

use—office, off-site use only.Bldg. S–823Wheeler Army Airfield

Wahiawa HI 96786–Landholding Agency: ArmyProperty Number: 219520082Status: UnutilizedComment: 3150 sq. ft., 2-story wood frame,

most recent use—office, off-site use only.Bldg. 198, Fort DeRussyHonolulu HI 96815–Landholding Agency: ArmyProperty Number: 219520083Status: UnutilizedComment: 19087 sq. ft., 1-story concrete,

most recent use—office, off-site use only.Bldg. 199, Fort DeRussyHonolulu HI 96815–Landholding Agency: ArmyProperty Number: 219520187Status: UnutilizedComment: 2400 sq. ft., 1-story, most recent

use—training, off-site use only.Bldg. P–125Tripler Army Medical CenterHonolulu Co: Honolulu HI 96859–5000Landholding Agency: ArmyProperty Number: 219540013Status: ExcessComment: 7987 sq. ft., need major repairs,

most recent use—boiler plant, off-site useonly.

IllinoisWARD Army Reserve Center1429 Northmoor RoadPeoria Co: Peoria IL 61614–3498Landholding Agency: ArmyProperty Number: 219430254Status: UnutilizedComment: 2 bldgs. on 3.15 acres, 36451 sq.

ft., reserve center & warehouse, presence ofasbestos, most recent use—office/storage/training.

Stenafich Army Reserve Center1600 E. Willow RoadKankakee Co: Kankakee IL 60901–2631Landholding Agency: ArmyProperty Number: 219430255Status: UnutilizedComment: 2 bldgs.—reserve center & vehicle

maint. shop on 3.68 acres, 5641 sq. ft.,most recent use—office/storage/training,presence of asbestos.

IndianaBldg. 703–1CIndiana Army Ammunition PlantCharlestown Co: Clark INLocation: Gate 22 off Highway 22Landholding Agency: ArmyProperty Number: 219013761Status: UnderutilizedComment: 4000 sq. ft.; 2 story brick frame;

possible asbestos; most recent use—exercise area.

Bldg. 1011 (Portion of)Indiana Army Ammunition PlantEnd of 3rd StreetCharlestown Co: Clark INLocation: East of State Highway 62 at Gate 3Landholding Agency: ArmyProperty Number: 219013762Status: UnderutilizedComment: 4040 sq. ft.; 1 story concrete block

frame; possible asbestos; secured area withalternate access; most recent use—office.

Bldg. 1001 (Portion of)Indiana Army Ammunition Plant


Charlestown Co: Clark INLocation: South end of 3rd Streeet, East of

Highway 62 at entrance gate.Landholding Agency: ArmyProperty Number: 219013763Status: UnderutilizedComment: 55630 sq. ft.; 1 story concrete

block; possible asbestos; secured area withalternate access; most recent use—clothbag manufacturing.

Bldg. 2542Indiana Army Ammunition PlantCharlestown Co: Clark IN 47111–Landholding Agency: ArmyProperty Number: 219240717Status: UnutilizedComment: 1954 sq. ft., 1 story concrete block,

secured area w/alternate access, asbestos,most recent use—heating facility.

Bldg. 2531Indiana Army Ammunition PlantCharlestown Co: Clark IN 47111–Landholding Agency: ArmyProperty Number: 219240718Status: UnutilizedComment: 119746 sq. ft., 1 story concrete

block, secured area w/alternate access,asbestos, most recent use—storage.

Bldgs. 7215, 7216Indiana Army Ammunition PlantCharlestown Co: Clark IN 47111–Landholding Agency: ArmyProperty Number: 219330297Status: UnutilizedComment: roadside shelters, no utilities,

located on Indiana State Highway Right ofWay.

IowaU.S. Army Reserve Center705 E. Taylor StreetCreston Co: Adams IA 50801–4040Landholding Agency: ArmyProperty Number: 219430253Status: UnutilizedComment: 6500 sq. ft., 1-story structure on 2

acres, most recent use—office/storage/training.

KansasBldg. T–2549, Fort RileyFt. Riley Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 219310252Status: UnutilizedComment: 3082 sq. ft., 1-story wood frame,

needs rehab, presence of asbestos, mostrecent use—storage.

Bldg. 166, Fort RileyFt. Riley Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 219410325Status: UnderutilizedComment: 3803 sq. ft., 3-story brick

residence, needs rehab, presence ofasbestos, located within NationalRegistered Historic District.

Bldg. 184, Fort RileyFt. Riley KS 66442–Landholding Agency: ArmyProperty Number: 219430146Status: UnutilizedComment: 1959 sq. ft., 1-story, needs rehab,

presence of asbestos, most recent use—boiler plant, historic district.

Bldg. 1362

Fort LeavenworthFt. Leavenworth Co: Leavenworth KS 66027–Landholding Agency: ArmyProperty Number: 219440415Status: UnutilizedComment: 863 sq. ft., wood frame, asbestos

cement shingles, most recent use—office,off-site use only.

Bldg. 1457Fort LeavenworthFt. Leavenworth Co: Leavenworth KS 66027–Landholding Agency: ArmyProperty Number: 219440416Status: UnutilizedComment: 863 sq. ft., 1-story wood frame,

asbestos cement shingles, most recentuse—office, off-site use only.

Bldg. 1458Fort LeavenworthFt. Leavenworth Co: Leavenworth KS 66027–Landholding Agency: ArmyProperty Number: 219440417Status: UnutilizedComment: 863 sq. ft., wood frame, asbestos

cement shingles, most recent use—office,off-site use only.











Bldg. 1455Fort LeavenworthFt. Leavenworth Co: Leavenworth KS 66027–

Landholding Agency: ArmyProperty Number: 219440423Status: UnutilizedComment: 1075 sq. ft., 1-story wood frame,




Bldg. T–2038, Fort RileyFt. Riley Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 219440443Status: UnutilizedComment: 1324 sq. ft., 1 story wood frame,






Bldgs. T–2018, T–2120, T–2338Fort RileyFt. Riley, KS 66442–Landholding Agency: ArmyProperty Number: 219510099Status: UnutilizedComment: 3059–3278 sq. ft., 1–2 story, needs

rehab, presence of asbestos, most recentuse—office/storage.

Bldgs. S–403, S–401Fort LeavenworthLeavenworth, KS 66027–Landholding Agency: ArmyProperty Number: 219510100Status: ExcessComment: 2978 sq. ft., 1-story, presence of

asbestos, most recent use—hosp. clinic, off-site use only.

KentuckyBldg. 7162Fort CampbellFort Campbell Co: Christian KY 42223–Landholding Agency: ArmyProperty Number: 219410301Status: UnutilizedComment: 1256 sq. ft.; most recent use—

storage; off-site use only.Bldg. 234Fort CampbellFort Campbell Co: Christian KY 42223–Landholding Agency: ArmyProperty Number: 219430152Status: UnutilizedComment: 8042 sq. ft., 2-story, needs repair,



Bldg. 236Fort CampbellFort Campbell Co: Christian KY 42223–Landholding Agency: ArmyProperty Number: 219430153Status: UnutilizedComment: 7020 sq. ft., 2-story, needs repair,



presence of asbestos, most recent use—Educ. center, off-site use only.


presence of asbestos, most recent use—educ. center, off-site use only.

Bldgs. 242, 244Fort CampbellFort Campbell Co: Christian KY 42223–Landholding Agency: ArmyProperty Number: 219430156Status: UnutilizedComment: 7020 sq. ft., 2-story, needs repair,

presence of asbestos, most recent use—educ. center, off-site use only.


presence of asbestos, most recent use—classroom, off-site only.



Bldg. 2788Fort CampbellFt. Campbell Co: Christian KY 42223–Landholding Agency: ArmyProperty Number: 219430167Status: UnutilizedComment: 1813 sq. ft., 1-story, needs repair,


Bldg. 3170Fort CampbellFt. Campbell Co: Christian KY 42223–Landholding Agency: ArmyProperty Number: 219430172Status: UnutilizedComment: 2750 sq. ft., 1-story needs repair,

presence of asbestos, most recent use—maint. shop, off-site use only.

MarylandBldg. E5878

Aberdeen Proving GroundEdgewood AreaAberdeen City Co: Harford MD 21010–5425Landholding Agency: ArmyProperty Number: 219012652Status: UnutilizedComment: 213 sq. ft.; structural deficiencies;

possible asbestos; and contamination.Bldg. E5879Aberdeen Proving GroundEdgewood AreaAberdeen City Co: Harford MD 21010–55425Landholding Agency: ArmyProperty Number: 219012653Status: UnutilizedComment: 213 sq. ft.; possible asbestos and

contamination; no utilities; most recentuse—igloo storage.

Bldg. 10302Aberdeen Proving GroundEdgewood AreaAberdeen City Co: Harford MD 21010–5425Landholding Agency: ArmyProperty Number: 219012666Status: UnutilizedComment: 42 sq. ft., possible asbestos; most

recent use—pumping station only.Bldg. E5975Aberdeen Proving GroundEdgewood AreaAberdeen City Co: Harford Md 21010–5425Landholding Agency: ArmyProperty Number: 219012677Status: UnutilizedComment: 650 sq. ft.; possible contamination;

structural deficiencies most recent use—training exercises/chemicals andexplosives; potential use—storage.

Bldg. 6687Fort George G. MeadeMapes and Zimbroski RoadsFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 219220446Status: UnutilizedComment: 1150 sq. ft., presence of asbestos,

wood frame, most recent use—veterinarianclinic, off-site removal only, sched. to bevacated 10/1/92.

Bldgs. 303–308, 323–328, 333–337Fort George G. MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 219320293Status: UnutilizedComment: 4720 sq. ft. each, 2-story wood

frame, possible asbestos, most recent use—barracks/classrooms, fair to good conditionoff-site use only.

Bldg. 309Fort George G. MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 219320294Status: UnutilizedComment: 2324 sq. ft., 1-story wood frame,

possible asbestos, fair to good condition,off-site use only.

Bldgs. 312, 319Fort George G. MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 219320295Status: Unutilized

Comment: 2594 sq. ft., 1-story wood frame,possible asbestos, most recent use—storage, fair condition, off-site use only.

Bldgs. 313–314, 317–318Fort George G. MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 219320296Status: UnutilizedComment: 1144 sq. ft., 1-story wood frame,

possible asbestos, most recent use—storage, fair to good condition, off-site useonly.

Bldgs. 302, 329, 332, 339Fort George G. MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 219320297Status: UnutilizedComment: 2208 sq. ft., 1-story wood frame,

possible asbestos, most recent use—storage, fair condition, off-site use only.

Bldg. E4890Aberdeen Proving Ground Co: Harford MD

21005–5001Landholding Agency: ArmyProperty Number: 219330434Status: UnutilizedComment: 6250 sq. ft., 1-story, needs rehab,

presence of asbestos.Bldgs. 2251, 2252Fort MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 219430180Status: UnutilizedComment: 648 & 3594 sq. ft., 1-story

concrete/metal structure, needs rehab,presence of asbestos, most recent use—heating plant & admin.

Bldg. E4144Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 219540001Status: UnutilizedComment: 1632 sq. ft., concrete frame bath

house, 1 story, presence of asbestos andlead paint.

MichiganBldg. 300, Arsenal Acres24140 Mound RoadWarren MI 48091–Landholding Agency: ArmyProperty Number: 219220448Status: UnutilizedComment: 52 sq.. ft. sentry station, secured

area with alternate access.Bldg. 301, Arsenal Acres24140 Mound RoadWarren MI 48091–Landholding Agency: ArmyProperty Number: 219220449Status: UnutilizedComment: 3125 sq. ft., 2-story colonial style

home, secured area with alternate access.Bldg. 302, Arsenal Acres24140 Mound RoadWarren MI 48091–Landholding Agency: ArmyProperty Number: 219220450Status: UnutilizedComment: 2619 sq. ft., 2-story colonial style

home, secured area with alternate access.


Bldg. 303, Arsenal Acres24140 Mound RoadWarren MI 48091–Landholding Agency: ArmyProperty Number: 219220451Status: UnutilizedComment: 2619 sq. ft., 2-story colonial style

home, secured area with alternate access.Bldg. 304, Arsenal Acres24140 Mound RoadWarren MI 48091–Landholding Agency: ArmyProperty Number: 219220452Status: UnutilizedComment: 2443 sq. ft., 2-story colonial style

home, secured area with alternate access.Bldg. 305, Arsenal Acres24140 Mound RoadWarren MI 48091–Landholding Agency: ArmyProperty Number: 219220787Status: UnutilizedComment: 2443 sq. ft., 2-story Colonial style

home, secured area with alternate access.Bldg. 306Arsenal Acres24140 Mound Rd.Warren MI 48091–Landholding Agency: ArmyProperty Number: 219410326Status: UnutilizedComment: 2443 sq. ft., 2-story colonial style

home, secured area w/alternate access.Bldg. 307Arsenal Acres24140 Mound Rd.Warren MI 48091–Landholding Agency: ArmyProperty Number: 219410327Status: UnutilizedComment: 2443 sq. ft., 2-story colonial style

home, secured area w/alternate access.Bldg. 308Arsenal Acres24140 Mound Rd.Warren MI 48091–Landholding Agency: ArmyProperty Number: 219410328Status: UnutilizedComment: 205 sq. ft., 1-story brick, secured

area w/alternate access.

MissouriBldg. T2383Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–

5000Landholding Agency: ArmyProperty Number: 219230228Status: UnderutilizedComment: 9267 sq. ft., 1-story, presence of

asbestos, most recent use—general purposefacility, off-site use only.

Bldg. T599Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–


asbestos, most recent use—storehouse, off-site use only.

Bldg. T1311Fort Leonard Wood

Ft. Leonard Wood Co: Pulaski MO 65473–5000

Landholding Agency: ArmyProperty Number: 219230261Status: UnderutilizedComment: 2740 sq. ft., 1-story, presence of

asbestos, most recent use—storehouse, off-site use only.



asbestos, most recent use—post office, off-site use only.



asbestos, off-site use only.Bldg. T3005Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–


asbestos, most recent use—motor repairshop, off-site use only.


5000Landholding Agency: ArmyProperty Number: 219340212Status: UnutilizedComment: 1296 sq. ft., 1-story wood frame,

most recent use—administrative, nohandicap fixtures, lead base paint, off-siteuse only.


5000Landholding Agency: ArmyProperty Number: 219340213Status: UnderutilizedComment: 2360 sq. ft., 1-story wood frame,

most recent use—warehouse, no handicapfixtures, possible asbestos, lead base paint,off-site use only.


5000Landholding Agency: ArmyProperty Number: 219340217Status: UnderutilizedComment: 1403 sq. ft., 1-story wood frame,

most recent use—paint shop, no handicapfixtures, lead base paint, off-site use only.


5000Landholding Agency: ArmyProperty Number: 219340219

Status: UnderutilizedComment: 4000 sq. ft., 1-story wood frame,

most recent use—storage, no handicapfixtures, off-site use only.



lead base paint, most recent use—storage,off-site use only.



lead base paint, most recent use—storage,off-site use only.



lead base paint, most recent use—admin/gen.purpose, off-site use only.



lead base paint, most recent use—admin/gen. purpose, off-site use only.







Bldg. T408Fort Leonard WoodFt. leonard Wood Co: Pulaski MO 65473–



Bldg. T409


Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–






















5000Landholding Agency: ArmyProperty Number: 219420441

Status: UnderutilizedComment: 4720 sq. ft., 2-story, presence of








Bldg. T–2143Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–

5000Landholding Agency: ArmyProperty Number: 219440324Status: ExcessComment: 4720 sq. ft., 2 story wood frame,

off-site removal only, to be vacated 8/95,lead based paint, most recent use—barracks.











5000Landholding Agency: ArmyProperty Number: 219440332Status: Excess

Comment: 4720 sq. ft., 2 story wood frame,off-site removal only, to be vacated 8/95,lead based paint, most recent use—barracks.







Bldg. T403Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–Landholding Agency: ArmyProperty Number: 219510107Status: ExcessComment: 5818 sq. ft., 1-story, wood frame,

most recent use—admin., to be vacated 8/95, off-site use only.









Bldg. T1362Fort Leonard Wood


Ft. Leonard Wood Co: Pulaski MO 65473–Landholding Agency: ArmyProperty Number: 219510112Status: ExcessComment: 2360 sq. ft., 1-story, wood frame,
















MontanaUSARC Bozeman Reserve CenterBozeman Co: Gallatin MTLandholding Agency: Army

Property Number: 219420391Status: UnutilizedComment: 15236 sq. ft., 3-story reserve center

on .54 acres, bldg. on National Register ofHistoric Places, secured with alternateaccess.

NevadaBldgs. 00425–00449Hawthorne Army Ammunition PlantSchweer Drive Housing AreaHawthorne Co: Mineral NV 89415–Landholding Agency: ArmyProperty Number: 219011946Status: UnutilizedComment: 1310–1640 sq. ft., one floor

residential, semi/wood construction, goodcondition.

New JerseyBldg. 421, Fort MonmouthFt. Monmouth Co: Monmouth NJ 07703–Landholding Agency: ArmyProperty Number: 219330435Status: UnutilizedComment: 4720 sq. ft., 2-story, most recent

use—office.Bldg. 2529, Fort MonmouthCharles Wood AreaFt. Monmouth Co: Monmouth NJ 07703–Landholding Agency: ArmyProperty Number: 219330436Status: UnutilizedComment: 4413 sq. ft., 2-story, needs rehab,

most recent use—admin.Bldg. 197Fort MonmouthFort Monmouth Co: Monmouth NJ 07703–Landholding Agency: ArmyProperty Number: 219440442Status: UnutilizedComment: 1240 sq. ft., 1 story, most recent

use—motor repair shop.New MexicoBldg. 108White Sands Missile RangeWhite Sands Co: Dona Ana NM 88002–Landholding Agency: ArmyProperty Number: 219330327Status: UnutilizedComment: 3561 sq. ft., 2-story, presence of

asbestos, most recent use—admin., off-siteuse only

Bldg. 109White Sands Missile RangeWhite Sands Co: Dona Ana NM 88002–Landholding Agency: ArmyProperty Number: 219330328Status: UnutilizedComment: 3561 sq. ft., 2-story, presence of

asbestos, most recent use—admin., off-siteuse only


asbestos, most recent use—admin., off-siteuse only.

Bldg. 118White Sands Missile RangeWhite Sands Co: Dona Ana NM 88002–Landholding Agency: Army

Property Number: 219330330Status: UnutilizedComment: 3561 sq. ft., 2-story, presence of




Bldg. 148White Sands Missile RangeWhite Sands Co: Dona Ana NM 88002–Landholding Agency: ArmyProperty Number: 219330332Status: UnutilizedComment: 3570 sq. ft., 2-story, needs rehab,










Bldg. 1768White Sands Missile RangeWhite Sands Co: Dona Ana NM 88002–Landholding Agency: ArmyProperty Number: 219330337Status: UnutilizedComment: 15,333 sq. ft., 1-story, presence of


Bldg. 28281White Sands Missile RangeWhite Sands Co: Dona Ana NM 88002–Landholding Agency: ArmyProperty Number: 219330338Status: Unutilized


Comment: 1856 sq. ft., 1-story, presence ofasbestos, most recent use—admin., off-siteuse only.








asbestos, most recent use—storage, off-siteuse only.

























Bldg. 145White Sands Missile Range

White Sands Co: Dona Ana NM 88002–Landholding Agency: ArmyProperty Number: 219330355Status: UnutilizedComment: 2954 sq. ft., 1-story, presence of

asbestos, most recent use—chapel, off-siteuse only.


asbestos, most recent use—maintenanceshop, off-site use only.








asbestos, most recent use—veterinarianfacility, off-site use only.


asbestos, most recent use—veterinarianfacility, off-site use only.


asbestos, most recent use—transmitterbldg., off-site use only.

Bldg. 29890White Sands Missile RangeWhite Sands Co: Dona Ana NM 88002–Landholding Agency: Army


Property Number: 219330363Status: UnutilizedComment: 450 sq. ft., 1-story, presence of

asbestos, most recent use—frequencymonitoring station, off-site use only.


asbestos, most recent use—scale house, off-site use only.


asbestos, most recent use—decontamination shelter, off-site use only.


asbestos, most recent use—animal kennel,off-site use only.


asbestos, most recent use—indoor smallarms range, off-site use only.


asbestos, most recent use—sentry station,off-site use only.


asbestos, most recent use—power plantbldg., off-site use only.


asbestos, off-site use only.Bldg. 33136White Sands Missile RangeWhite Sands Co: Dona Ana NM 88002–Landholding Agency: ArmyProperty Number: 219330371Status: UnutilizedComment: 18 sq. ft., off-site use only.

New YorkBldg. 323Fort TottenStory AvenueBayside Co: Queens NY 11359–Landholding Agency: ArmyProperty Number: 219012567Status: UnderutilizedComment: 30000 sq. ft., 3 floors, most recent

use—barracks & mess facility, needs majorrehab.

Bldg. 304Fort TottenShore RoadBayside Co: Queens NY 11359–Landholding Agency: ArmyProperty Number: 219012570Status: UnderutilizedComment: 9610 sq. ft., 3 floors, most recent

use—hospital, needs major rehab/utilitiesdisconnected.

Bldg. 211Fort Totten211 Totten AvenueBayside Co: Queens NY 11359–Landholding Agency: ArmyProperty Number: 219012573Status: UnderutilizedComment: 6329 sq. ft., 3 floors, most recent

use—family housing, needs major rehab,utilities disconnected.

Bldg. 332Fort TottenTheater RoadBayside Co: Queens NY 11359–Landholding Agency: ArmyProperty Number: 219012578Status: UnderutilizedComment: 6288 sq. ft., 1 floor, most recent

use—theater w/stage, needs major rehab,utilities disconnected.

Bldg. 322Fort Totten322 Story AvenueBayside Co: Queens NY 11359–Landholding Agency: ArmyProperty Number: 219012583Status: UnderutilizedComment: 30000 sq. ft., 3 floors, most recent

use—barracks, mess & administration,utilities disconnected, needs rehab.

Bldg. 326Fort Totten326 Pratt AvenueBayside Co: Queens NY 11359–Landholding Agency: ArmyProperty Number: 219012586Status: UnderutilizedComment: 6000 sq. ft., 2 floors, most recent

use—storage, offices & residential, utilitiesdisconnected/needs rehab.

Bldg. 100, Fort HamiltonBellmore Co: Nassau NY 11710–Landholding Agency: ArmyProperty Number: 219340254Status: UnutilizedComment: 155 sq. ft., 1-story, most recent

use—storage.Bldg. 200, Fort HamiltonBellmore Co: Nassau NY 11710–Landholding Agency: ArmyProperty Number: 219340255Status: UnutilizedComment: 12000 sq. ft., 1-story, most recent

use—office.

Bldg. 300, Fort HamiltonBellmore Co: Nassau NY 11710–Landholding Agency: ArmyProperty Number: 219340256Status: UnderutilizedComment: 11000 sq. ft., 1-story, most recent

use—reserve center.Bldg. 900, Fort HamiltonBellmore Co: Nassau NY 11710–Landholding Agency: ArmyProperty Number: 219430259Status: UnderutilizedComment: 400 sq. ft., 1-story, needs rehab,

most recent use—material storage.Bldg. P–2012, Fort DrumFt. Drum Co: Jefferson NY 13602–Landholding Agency: ArmyProperty Number: 219440429Status: UnutilizedComment: 450 sq. ft., most recent use—water

distribution bldg., off-site use only.Bldg. T–2420, Fort DrumFt. Drum Co: Jefferson NY 13602–Landholding Agency: ArmyProperty Number: 219440431Status: UnutilizedComment: 4340 sq. ft., 1-story, most recent

use—warehouse, needs rehab, off-site useonly.

Bldg. 134West Point Army Family HousingWest Point Co: Orange NY 10996–Landholding Agency: ArmyProperty Number: 219520122Status: ExcessComment: 8280 GSF, 2-story, 4-family

dwelling unit, presence of asbestos, off-siteuse only.



Bldg. 138West Point Army Family HousingWest Point Co: Orange NY 10996–Landholding Agency: ArmyProperty Number: 219520124Status: ExcessComment: 2762 GSF, 2-story, single family














dwelling unit, presence of asbestos, off-siteuse only


dwelling unit, presence of asbestos, off-siteuse only

Bldg. T–601, Fort DrumFt. Drum Co: Jefferson NY 13602–Landholding Agency: ArmyProperty Number: 219520193Status: UnutilizedComment: 2305 sq. ft., 1-story, needs rehab,

most recent use—NCO club, off-site useonly

Bldg. P–1Glenn Falls Reserve CenterGlen Falls Co: Warren NY 12801–Location: 67–73 Warren StreetLandholding Agency: ArmyProperty Number: 219540015Status: UnutilizedComment: 19613 sq. ft., 2 story w/basement,

concrete block/brick frame on .475 acresBldgs. P–1 & P–2Elizabethtown Reserve CenterCorner of Water and Cross StreetsElizabethtown Co: Esses NY 12932–Landholding Agency: ArmyProperty Number: 219540016Status: UnutilizedComment: 4316 sq. ft. reserve center/1325 sq.

ft. motor repair shop, 1 story each, concreteblock/brick frame, on 5.05 acres

Bldgs. P–1 & P–2Olean Reserve Center

423 Riverside DriveOlean Co: Cattaraugus NY 14760–Landholding Agency: ArmyProperty Number: 219540017Status: UnutilizedComment: 4464 sq. ft. reserve center/1325 sq.

ft. motor repair shop, 1 story each, concreteblock/brick frame, on 3.9 acres.

Ohio15 UnitsMilitary Family HousingRavenna Army Ammunition PlantRavenna Co: Portage OH 44266–9297Landholding Agency: ArmyProperty Number: 219230354Status: ExcessComment: 3 bedroom (7 units)—1,824 sq. ft.

each, 4 bedroom 8 units)—2,430 sq. ft.each, 2-story wood frame, presence ofasbestos, off-site use only.

7 UnitsMilitary Family Housing GaragesRavenna Army Ammunition PlantRavenna Co: Portage OH 44266–9297Landholding Agency: ArmyProperty Number: 219230355Status: ExcessComment: 1–4 stall garage and 6–3 stall

garages, presence of asbestos, off-site useonly.

Bldg. P–3Doan U.S. Army Reserve CenterPortmonth Co: Scioto OH 45662–Landholding Agency: ArmyProperty Number: 219320311Status: UnutilizedComment: 10752 sq. ft., 1-story brick, most

recent use—office, possible asbestos.Bldg. P–4Doan U.S. Army Reserve CenterPortmonth Co: Scioto OH 45662–Landholding Agency: ArmyProperty Number: 219320312Status: UnutilizedComment: 2508 sq. ft., 1-story brick, most

recent use—vehicle maint. shop.Bldg. P–2Hayes U.S. Army Reserve CenterFremont Co: Sandusky OH 43430–Landholding Agency: ArmyProperty Number: 219320314Status: UnutilizedComment: 3956 sq. ft., 1-story brick, most

recent use—office, possible asbestos.Bldg. P–3Hayes U.S. Army Reserve CenterFremont Co: Sandusky OH 43420–Landholding Agency: ArmyProperty Number: 219320315Status: UnutilizedComment: 1259 sq. ft., 1-story brick, most

recent use—vehicle maint. shop, possibleasbestos.

OklahomaBldg. T–2545Fort Sill2545 Sheridan RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219011255Status: UnutilizedComment: 1994 sq. ft.; asbestos; wood frame;

2 floors; No operating sanitary facilities;most recent use—enl. barracks basic.

Bldg. T–2606Fort Sill2606 Currie RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219011273Status: UnutilizedComment: 2722 sq. ft.; possible asbestos, one

floor wood frame; most recent use—Headquarters Bldg

Bldg. T–3507Fort Sill3507 Sheridan RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219011315Status: UnutilizedComment: 2904 sq. ft.; possible asbestos;

potential heavy metal contamination; woodframe; most recent use—chapel.

Bldg. T–4919Fort Sill4919 Post RoadLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 219014842Status: UnutilizedComment: 603 sq. ft.; 1 story mobile home

trailer; possible asbestos; needs rehab.Bldg. T–4523Fort Sill4523 Wilson RdLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 219014933Status: UnutilizedComment: 1639 sq. ft.; 1 story wood frame;

needs rehab; possible asbestos; most recentuse—storage.

Bldg. T–838, Fort Sill838 Macomb RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219220609Status: UnutilizedComment: 151 sq. ft., wood frame, 1 story,

off-site removal only, most recent use—vetfacility (quarantine stable).

Bldg. T–2702, Fort Sill2702 Thomas StreetLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219240655Status: UnutilizedComment: 5520 sq. ft., 1 story wood frame,

needs rehabs, off-site use only, most recentuse—admin.

Bldg. T–3311, Fort Sill3311 Naylor RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219240656Status: UnutilizedComment: 1468 sq. ft., 1 story wood frame,

needs rehab, off-site use only, most recentuse—admin.

Bldg. T–954, Fort Sill954 Quinette RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219240659Status: UnutilizedComment: 3571 sq. ft., 1 story wood frame,

needs rehab, off-site use only, most recentuse—motor repair shop.



needs rehab, off-site use only, most recentuse—barracks.




needs rehab, off-site use only, most recentuse—enlisted barracks.



Bldg. T–2740, Fort Sill2740 Miner RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219240669Status: UnutilizedComment: 8210 sq. ft., 2 story wood frame,





needs rehab, off-site use only, most recentuse—enlisted mess.


needs rehab, off-site use only, most recentuse—storage.

Bldg. T–2907, Fort Sill2907 Marcy Road

Lawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219240674Status: UnutilizedComment: 3861 sq. ft., 1 story wood frame,


Bldg. T–2928, Fort Sill2928 Custer RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219240675Status: UnutilizedComment: 2315 sq. ft., 1 story wood frame,


Bldg. T–4050, Fort Sill4050 Pitman StreetLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219240676Status: UnutilizedComment: 3177 sq. ft., 1 story wood frame,


Bldg. P–3032, Fort Sill3032 Haskins RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219240678Status: UnutilizedComment: 101 sq. ft., 1 story wood frame,

needs rehab, off-site use only, most recentuse—general storehouse.

Bldg. T–3325, Fort Sill3325 Naylor RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219240681Status: UnutilizedComment: 8832 sq. ft., 1 story wood frame,

needs rehab, off-site use only, most recentuse—warehouse.

Bldg. T–260, Fort Sill260 Corral RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219240776Status: UnutilizedComment: 4838 sq. ft., 2 story wood frame,

off-site use only, possible asbestos, mostrecent use—admin.

Bldg. T–5122, Fort SillLawton Co: Comanche OK 73501–5100Landholding Agency: ArmyProperty Number: 219320334Status: UnutilizedComment: 1-story metal frame, possible

asbestos, off-site use only.Bldg, P–6220, Fort SillLawton Co: Comanche OK 73501–5100Landholding Agency: ArmyProperty Number: 219320335Status: UnutilizedComment: 848 sq. ft., 1-story metal frame,

possible asbestos, most recent use—construction bldg., off-site use only.

Bldg. S–6228, Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219320336Status: UnutilizedComment: 352 sq. ft., 1-story wood frame,

possible asbestos, most recent use—rangehouse, off-site use only.

Bldg. P–2610, Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219330372Status: UnutilizedComment: 512 sq. ft., 1-story, possible

asbestos, most recent use—classroom, off-site use only.

Bldg. T–4722, Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219330373Status: UnutilizedComment: 3375 sq. ft., 2-story possible


Bldg. T–232, Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219330377Status: UnutilizedComment: 2868 sq. ft., 1-story wood, possible


Bldg. T312, Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219330379Status: UnutilizedComment: 1970 sq. ft., 2-story wood, possible












Bldg. T2709, Fort SillLawton Co: Comanche OK 73503–5100


Landholding Agency: ArmyProperty Number: 219330388Status: UnutilizedComment: 2112 sq. ft., 2-story wood, possible






Bldg. T3026, Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219330392Status: UnutilizedComment: 2454 sq. ft., 1-story, possible












Bldg. T5124, Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219330407

Status: UnutilizedComment: 1287 sq. ft., 1-story, possible






Bldg. T5247, Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219330412Status: UnutilizedComment: 3081 sq. ft., possible asbestos,

most recent use—storage, off-site use only.Bldg. T5248, Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219330413Status: UnutilizedComment: 3081 sq. ft., 1-story, possible














Bldg. T–282Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219410236Status: UnutilizedComment: 2420 sq. ft.; 2 story; wood frame;

most recent use—admin.; off-site use only.Bldg. T–268, Fort Sill268 Corral RoadLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 219440338Status: ExcessComment: 4836 sq. ft., 2 story wood frame,

possible asbestos and lead paint, off-siteremoval only, most recent use—barracks.

Bldg. T–269, Fort Sill268 Corral RoadLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 219440339Status: ExcessComment: 7840 sq. ft., 2 story wood frame,


Bldg. T–281, Fort Sill281 Corral RoadLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 219440340Status: ExcessComment: 4836 sq. ft., 2 story wood frame,


Bldg. T–3720, Fort Sill3720 Webster StreetLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 219440346Status: ExcessComment: 4525 sq. ft., 2 story wood frame,






Bldg. T–3725, Fort Sill3725 Webster StreetLawton Co: Comanche OK 73503–Landholding Agency: Army


Property Number: 219440349Status: ExcessComment: 4525 sq. ft., 2 story wood frame,














Bldg. T–3750, Fort Sill3750 Wilson StreetLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 219440358Status: ExcessComment: 4525 sq. ft., 2 story wood frame,


Bldg. T–3752, Fort Sill3752 Wilson StreetLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 219440359Status: Excess

Comment: 4525 sq. ft., 2 story wood frame,possible asbestos and lead paint, off-siteremoval only, most recent use—barracks.











Bldg. T–5215Fort SillLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 219440376Status: UnutilizedComment: 2797 sq. ft., 1-story wood frame,

possible asbestos and lead paint, mostrecent use—admin., off-site use only.


possible asbestos and lead paint, mostrecent use—mess hall, off-site use only.






possible asbestos and lead paint, mostrecent use—classroom, off-site use only.


possible asbestos and lead paint, mostrecent use—storage, off-site use only.


possible asbestos and lead paint, mostrecent use—storage, off-site use only.

Bldg. P–1815Fort SillLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 219440388Status: UnutilizedComment: 14392 sq. ft., 2-story wood frame,

possible asbestos and lead paint, mostrecent use—storage off-site use only.

Bldg. P–1015, Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219520197Status: UnutilizedComment: 15402 sq. ft., 1-story, most recent

use—storage, off-site use only.Bldg. T–2405, Fort Sill2405 Darby LoopLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219540019Status: ExcessComment: 114 sq. ft., 1 story steel frame,

possible asbestos/lead paint, off-siteremoval only, most recent use—flammablematerial storage.

Bldg. T–2645, Fort Sill2645 Tacy StreetLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219540020Status: ExcessComment: 3135 sq. ft., 1 story, wood frame,

possible/asbestos/lead paint, off-siteremoval only, most recent use—vehiclemaintenance shop.

Bldg. T–2646, Fort Sill2646 Tacy Street


Lawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219540021Status: ExcessComment: 3213 sq. ft., 1 story wood frame,

possible asbestos/lead paint, off-siteremoval only, most recent use—vehiclemaintenance shop.

Bldg. T–2648, Fort Sill2648 Tacy StreetLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219540022Status: ExcessComment: 9407 sq. ft., 1 story wood frame,

possible asbestos/lead paint, off-siteremoval only, most recent use—generalpurpose warehouse.

Bldg. T–3150, Fort Sill3150 Hoskins RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219540023Status: ExcessComment: 9359 sq. ft., 1 story wood frame,

possible asbestos/lead paint, off-siteremoval only, most recent use—warehouse.

Bldg. T–2649, Fort Sill2649 Tacy StreetLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219540024Status: ExcessComment: 9374 sq. ft., 1 story wood frame,

possible asbestos/lead paint, off-siteremoval only, most recent use—generalstorehouse.

Bldg. T–2741, Fort Sill2741 Miner RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219540025Status: ExcessComment: 8288 sq. ft., 2 story wood frame,

possible asbestos/lead paint, off-siteremoval only, most recent use—enlistedbarracks.

Bldg. T–3727, Fort Sill3727 Webster StreetLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219540026Status: ExcessComment: 4524 sq. ft., 2 story wood frame,

possible asbestos/lead paint, off-siteremoval only, most recent use—enlistedbarracks.


possible asbestos/lead paint, off-siteremoval only, most recent use—transientbarracks.


possible asbestos/lead paint, off-site

removal only, most recent use—transientbarracks.









Bldg. T–2940, Fort Sill2940 Currie RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219540033Status: ExcessComment: 4397 sq. ft., 1 story wood frame,

possible asbestos/lead paint, off-siteremoval only, most recent use—recreationbuilding.

Bldg. T–4036, Fort Sill4036 Currie RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 219540034Status: ExcessComment: 4532 sq. ft., 1 story wood frame,

possible asbestos/lead paint, off-siteremoval only, most recent use—classroom.

Bldg. T–5043, Fort Sill5043 Coune RoadLawton Co: Comanche OK 73593–5100Landholding Agency: ArmyProperty Number: 219540035Status: ExcessComment: 1563 sq. ft., 1 story wood frame,

possible asbestos/lead paint, off-siteremoval only, most recent use—PX Branch.

Bldg. T–5050, Fort Sill5050 Rumple RoadLawton Co: Comanche OK 73503–5100Landholding Agency: Army

Property Number: 219540036Status: ExcessComment: 2470 sq. ft., 1 story wood frame,

possible asbestos/lead paint, off-siteremoval only, most recent use—PX Branch.

South CarolinaBldg. 9608Fort JacksonFort Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219410200Status: UnutilizedComment: 4720 sq. ft.; wood frame; 2 story;

needs rehab; off-site use only; utilitiesupgrade; most recent use—enlistedquarters.

Bldg. 5492Fort JacksonFort Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219410207Status: UnutilizedComment: 2379 sq. ft.; wood frame; 1 story;

off-site use only; utilities upgrade; mostrecent use—information managementoffice.

Bldg. 10–436Fort JacksonFort Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219410217Status: UnutilizedComment: 100 sq. ft.; wood frame; 1 story;

off-site use only; limited utilities; needsrehab.; most recent use—shed.

Bldg. 2516Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219510138Status: ExcessComment: 520 sq. ft., 1-story, wood frame,

most recent use—admin., off-site use only.Bldg. 5412Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219510139Status: ExcessComment: 3900 sq. ft., 1-story, wood frame,

needs rehab, most recent use—admin., off-site use only.

Bldg. 10–714Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219510143Status: ExcessComment: 2500 sq. ft., 1-story, wood frame,

needs rehab, most recent use—enlisteddining, off-site use only.

Bldg. 10–721Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219510144Status: ExcessComment: 2512 sq. ft., 1-story, wood frame,

needs rehab, most recent use—enlisteddining, off-site use only.

Bldg. 10–708, Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219510148


Status: ExcessComment: 1170 sq. ft., 1-story, wood frame,

needs rehab, most recent use—detachedday room, off-site use only.

Bldg. 10–715, Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219510149Status: ExcessComment: 1170 sq. ft., 1-story, wood frame,







needs rehab, most recent use—hdqtrs.bldg., off-site use only.


needs rehab, most recent use—hdqtrs.bldg., off-site use only.

Bldg. 9606, Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219510168Status: ExcessComment: 1144 sq. ft., 1-story, wood frame,

needs rehab, most recent use—criminalinvestigation bldg., off-site use only.

Bldg. 9607, Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219510169Status: ExcessComment: 4720 sq. ft., 2-story, wood frame,

needs rehab, most recent use—enlistedbillets, off-site use only.

Bldg. 10–712, Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219510176Status: UnutilizedComment: 4800 sq. ft., 2-story, wood frame,


Bldg. 10–713, Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219510177Status: Unutilized

Comment: 4800 sq. ft., 2-story, wood frame,needs rehab, most recent use—enlistedbillets, off-site use only.

Bldg. 10–719, Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 219510179Status: UnutilizedComment: 4800 sq. ft. 2-story, wood frame,




























Texas

Harlingen USARC1920 East WashingtonHarlingen Co: Cameron TX 78550-Landholding Agency: ArmyProperty Number: 219120304Status: ExcessComment: 19440 sq. ft., 1-story brick, needs

rehab, with approx. 6 acres includingparking areas, most recent use—ArmyReserve Training Center.

Bldg. P–3824, Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219220398Status: UnutilizedComment: 2232 sq. ft., 1-story concrete

structure, within National LandmarkHistoric District, off-site removal only.

Bldg. 440, Fort BlissEl Paso Co: El Paso TX 79916–Landholding Agency: ArmyProperty Number: 219320355Status: UnutilizedComment: 1651 sq. ft., 1-story brick, most

recent use—education facility, off-site useonly.

Bldg. 1164, Fort BlissEl Paso Co: El Paso TX 79916–Landholding Agency: ArmyProperty Number: 219330420Status: Unutilized


Comment: 2054 net sq. ft., 1 story wood, mostrecent use—admin. bldg., needs rehab, off-site use only.

Bldg. 512, Fort HoodFt. Hood Co: Coryell TX 76544–Landholding Agency: ArmyProperty Number: 219330421Status: UnutilizedComment: 6733 sq. ft., 1 story wood, most

recent use—commissary, off-site use only.Bldg. P–293, Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219330441Status: UnutilizedComment: 442 sq. ft., 1-story brick, needs

rehab, within National Landmark HistoricDistrict, off-site use only.

Bldg. P–298, Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219330442Status: UnutilizedComment: 3200 sq. ft., 1-story hollow tile,

needs rehab, within National LandmarkHistoric District, off-site use only.

Bldg. P–377, Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219330444Status: UnutilizedComment: 74 sq. ft., 1-story brick, needs

rehab, most recent use—scale house,located in National Historic District, off-site use only.

Bldg. T–1492Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219330483Status: UnutilizedComment: 2284 sq. ft., 1-story wood frame,





most recent use—admin., off-site use only.Bldg. T–1464Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219330487Status: UnutilizedComment: 3778 sq. ft., 1-story wood frame,

needs rehab, most recent use—t-shirts andframe shop, off-site use only.

Bldg. T–1874Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: Army

Property Number: 219330488Status: UnutilizedComment: 3108 sq. ft., 1-story wood frame,

needs rehab, off-site use only.Bldg. T-2193Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219330490Status: UnutilizedComment: 1800 sq. ft., 1-story wood frame,

needs rehab, most recent use—storageshed, off-site use only.

Bldg. T-2510Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219330492Status: UnutilizedComment: 3210 sq. ft., 1-story wood frame,

needs rehab, most recent use—storage, off-site use only.

Bldg. T-2512Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219330495Status: UnutilizedComment: 18,260 sq. ft., 1-story wood frame,

needs rehab, most recent use—vehiclemaintenance shop, off-site use only.

Bldg. T–2520Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219330498Status: UnutilizedComment: 31,296 sq. ft., 1-story wood frame,

needs rehab, most recent use—physicalfitness, off-site use only.


needs rehab, most recent use—stable, off-site use only.


most recent use—firing range, off-site useonly.


most recent use—firing range, off-site useonly.

Bldg. T–6236Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219330502Status: Unutilized

Comment: 401 sq. ft., 1-story wood frame,needs rehab, most recent use—firing range,off-site use only.


most recent use—instruction bldg., off-siteuse only.

Bldg. P–5902Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219340197Status: UnutilizedComment: 1157 sq. ft., 1-story wood, most

recent use—warehouse, off-site use only.Bldg. 315, Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 219410315Status: UnutilizedComment: 2400 sq. ft., 1-story, needs rehab,

most recent use—storage, off-site use only.Bldg. 316, Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 219410316Status: UnutilizedComment: 1500 sq. ft., 1-story, needs rehab,

most recent use—storage, off-site use only.Bldg. 317, Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 219410317Status: UnutilizedComment: 2000 sq. ft., 1-story, needs rehab,

most recent use—storage, off-site use only.Bldg. 4480, Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 219410322Status: UnutilizedComment: 2160 sq. ft., 1-story, most recent

use—storage, off-site use only.Bldg. 871, Fort BlissEl Paso Co: El Paso TX 79916–Landholding Agency: ArmyProperty Number: 219420455Status: UnutilizedComment: 3540 sq. ft., 1-story wood, needs

repair, most recent use—storage, off-siteuse only.

Bldg. 1165, Fort BlissEl Paso Co: El Paso TX 79916–Landholding Agency: ArmyProperty Number: 219420456Status: UnutilizedComment: 5263 sq. ft., 1-story wood, needs

repair, most recent use—office, off-site useonly.

Bldg. 4718, Fort BlissEl Paso Co: El Paso TX 79916–Landholding Agency: ArmyProperty Number: 219420459Status: UnutilizedComment: 899 sq. ft., 1-story wood, needs


Bldg. 4719, Fort BlissEl Paso Co: El Paso TX 79916–


Landholding Agency: ArmyProperty Number: 219420460Status: UnutilizedComment: 519 sq. ft., 1-story wood, needs


Bldg. 4105, Fort HoodFt. Hood Co: Coryell TX 76544–Landholding Agency: ArmyProperty Number: 219420463Status: UnutilizedComment: 2535 sq. ft., 1-story, needs rehab,

most recent use—storage, off-site use only.Bldgs. 7050, 7058Fort BlissFt. Bliss TX 79916–Landholding Agency: ArmyProperty Number: 219430181Status: UnutilizedComment: 1809–8584 sq. ft., 1-story wood

frame, needs rehab, most recent use—office/club, off-site use only.

Bldg. 1, Fort HoodLubbock Co: Lubbock TX 79408–Landholding Agency: ArmyProperty Number: 219440336Status: UnutilizedComment: 11440 sq. ft., 1-story, fair

condition, to be vacated 6/30/95, off-siteremoval only, most recent use—armyreserve center.

Bldg. 2, Fort HoodLubbock Co: Lubbock TX 79408–Landholding Agency: ArmyProperty Number: 219440337Status: UnutilizedComment: 2818 sq. ft., 1-story, fair condition,

to be vacated 6/30/95, off-site removalonly, most recent use—army reserve centermaintenance shop.

Bldg. P–452Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219440449Status: ExcessComment: 600 sq. ft., 1-story stucco frame,

lead paint, off-site removal only, mostrecent use—bath house.

Bldg. P–2009Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219440450Status: ExcessComment: 144 sq. ft., 1-story brick frame,

lead paint, off-site removal only, noutilities, most recent use—flammablematerial storage.

Bldg. T–5016Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219440451Status: ExcessComment: 3146 sq. ft., 1-story wood frame,

asbestos & lead paint, limited utilities, off-site removal only, most recent use—firestation vehicle storage.

Bldg. T–5017Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219440452

Status: ExcessComment: 3146 sq. ft., 1-story wood frame,

asbestos & lead paint, off-site removal only,most recent use—admin/storage.

Bldg. T–5018Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219440453Status: ExcessComment: 1140 sq. ft., 1-story wood frame,

asbestos & lead paint, off-site removal only,most recent use—fire station.

Bldg. P–6615Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219440454Status: ExcessComment: 400 sq. ft., 1-story concrete frame,

off-site removal only, most recent use—detached garage.

Bldg. S–1111, Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219520117Status: UnutilizedComment: 8629 gr. sq. ft., 1-story, presence

of lead base paint and asbestos, most recentuse—admin., off-site use only.

Bldg. T–300, Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219520118Status: UnutilizedComment: 8352 gr. sq. ft., 1-story, presence






Bldg. P–1059, Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219520121Status: UnutilizedComment: 700 gr. sq. ft., presence of lead

base paint and asbestos, most recent use—admin., off-site use only.

Bldg. P–250Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219520136Status: ExcessComment: 42955 sq. ft., 4-story, presence of

lead base paint & asbestos, most recentuse—barracks, classrooms, offices, locatedin Historic District.

Bldg. 307, Fort HoodFt. Hood Co: Bell TX 76544–

Landholding Agency: ArmyProperty Number: 219520198Status: ExcessComment: 1600 sq. ft., 1-story, most recent

use—med. clinic, off-site use only.Bldg. 507, Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 219520199Status: UnutilizedComment: 1600 sq. ft., 1-story, presence of

asbestos, off-site use only.Bldg. 831, Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 219520200Status: UnutilizedComment: 4780 sq. ft., 2-story, most recent

use—training, needs rehab, off-site useonly.

Bldg. 4201, Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 219520201Status: UnutilizedComment: 9000 sq. ft., 1-story, off-site use

only.Bldg. 4202, Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 219520202Status: UnutilizedComment: 5400 sq. ft., 1-story, most recent

use—storage, off-site use only.Bldg. P–1030Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219520203Status: ExcessComment: 8212 sq. ft., 1-story, most recent

use—storage, presence of asbestos & leadbase paint, located in Historic District, off-site use only.

Bldg. T–1053Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219520204Status: ExcessComment: 6452 sq. ft., 1-story, presence of

asbestos & lead base paint, most recentuse—med. clinic, located in HistoricDistrict, off-site use only.

Bldg. P–2004Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219520205Status: ExcessComment: 5991 sq. ft., 1-story, most recent

use—med. clinic, needs rehab, presence oflead base paint, located in Historic District.

Bldg. T–2235Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219520206Status: ExcessComment: 2100 sq. ft., 1-story, most recent

use—med. research lab, presence ofasbestos & lead base paint, located inHistoric District, off-site use only.

Bldg. T–2289


Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219520207Status: ExcessComment: 4720 sq. ft., 2-story, most recent

use—training facility, needs rehab,presence of asbestos & lead base paint,located in Historic District, off-site useonly.


















use—storage, presence of asbestos & leadbase paint, off-site use only.

Bldg. 832, Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 219540068Status: ExcessComment: 3983 sq. ft., 2 story, off-site

removal only, most recent use—admin.Land, Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 219540069Status: ExcessComment: 4.808 acres of unimproved land,

potential utilities.Bldg. T–2654, Fort Sam Houston2334 Harney RoadSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219540070Status: ExcessComment: 992 sq. ft., 1 story concrete frame,

off-site removal only, need repairs, mostrecent use—machine shop.

VirginiaBldg. T3003Fort PicketW. 33rd StreetBlackstone Co: Nottoway VA 23824–Landholding Agency: ArmyProperty Number: 219440446Status: UnderutilizedComment: 1750 sq. ft., 1 story wood frame,

most recent use—confinement facility,need repairs.

Bldg. T2800Fort PicketOff Armistead RoadBlackstone Co: Nottoway VA 23824–Landholding Agency: ArmyProperty Number: 219440447Status: UnderutilizedComment: 2056 sq. ft., 1 story wood frame,

most recent use—clinic, need repairs.

Bldg. T2857Fort PicketOff Armistead RoadBlackstone Co: Nottoway VA 23824–Landholding Agency: ArmyProperty Number: 219440448Status: UnderutilizedComment: 2987 sq. ft., 1 story wood frame,

most recent use—admin.Bldg. T–87Fort MonroeFt. Monroe VA 23651–Landholding Agency: ArmyProperty Number: 219510130Status: UnutilizedComment: 395 sq. ft., 1-story, needs repair,

most recent use—general storage.Bldg. TT0104Fort A.P. HillBowling Green Co: Caroline VA 22427–5000Landholding Agency: ArmyProperty Number: 219520217Status: UnutilizedComment: 1464 sq. ft., 1-story, most recent

use—training, needs rehab, off-site useonly.

Bldg. TT0105Fort A.P. HillBowling Green Co: Caroline VA 22427–5000Landholding Agency: ArmyProperty Number: 219520218Status: UnutilizedComment: 2273 sq. ft., 1-story, most recent

use—storage, off-site use only.WashingtonReserve Center, Longview14 Port WayLongview Co: Cowlitz WA 98632–Landholding Agency: ArmyProperty Number: 219320368Status: UnutilizedComment: 17,304 sq. ft., 1-story training

facility, scheduled to be vacated 9/93.Bldg. 9771, Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 219510133Status: UnutilizedComment: 3965–5220 sq. ft., 2-story, needs

rehab, most recent use—family housingused as storage, off-site use only.

Bldg. 9772, Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 219510134Status: UnutilizedComment: 3965–5220 sq. ft., 2-story, needs







WisconsinBldg. 7174, Fort McCoyFt. McCoy Co: Monroe WI 54656–Landholding Agency: ArmyProperty Number: 219320372Status: UnderutilizedComment: 8466 sq. ft., 1-story, presence of

asbestos, needs rehab, used intermittentlyby Army, most recent use—gen. purposewarehouse.

Bldg. 7176, Fort McCoyFt. McCoy Co: Monroe WI 54656–Landholding Agency: ArmyProperty Number: 219320373Status: UnderutilizedComment: 5415 sq. ft., 1-story, presence of


Bldg. 7261, Fort McCoyFt. McCoy Co: Monroe WI 54656–Landholding Agency: ArmyProperty Number: 219320374Status: UnutilizedComment: 4800 sq. ft., 1-story, presence of


Bldg. 2321Fort McCoyFt. McCoy Co: Monroe WI 54656–Landholding Agency: ArmyProperty Number: 219430225Status: UnutilizedComment: 682 sq. ft., 1-story, needs rehab,

most recent use—heat plant.Bldg. 2673Fort McCoyFt. McCoy Co: Monroe WI 54656–Landholding Agency: ArmyProperty Number: 219430226Status: UnutilizedComment: 13515 sq. ft., 1-story, needs rehab,

most recent use—theater.Bldg. 2110Fort McCoyFt. McCoy Co: Monroe WI 54656–Landholding Agency: ArmyProperty Number: 219430232Status: UnutilizedComment: 18270 sq. ft., 1-story, needs rehab,

most recent use—vehicle maint.Bldg. 2320Fort McCoyFt. McCoy Co: Monroe WI 54656–Landholding Agency: ArmyProperty Number: 219430233Status: UnutilizedComment: 33345 sq. ft., 1-story, needs rehab,

most recent use—vehicle maint.Bldg. 2763Fort McCoyFt. McCoy Co: Monroe WI 54656–Landholding Agency: ArmyProperty Number: 219430236Status: UnutilizedComment: 3250 sq. ft., 1-story, needs rehab,

most recent use—admin.Bldg. 2755Fort McCoyFt. McCoy Co: Monroe WI 54656–Landholding Agency: ArmyProperty Number: 219430239Status: Unutilized

Comment: 168 sq. ft., 1-story, needs rehab,most recent use—dispatch bldg.

Bldg. 850Fort McCoyFt. McCoy Co: Monroe WI 54656–Landholding Agency: ArmyProperty Number: 219430243Status: UnutilizedComment: 2350 sq. ft., 1-story, needs rehab,

most recent use—dining facility.Bldg. 240Fort McCoyFt. McCoy Co: Monroe WI 54656–5162Landholding Agency: ArmyProperty Number: 219520219Status: UnutilizedComment: 1750 sq. ft., 1-story, needs rehab,

most recent use—admin.

Land (by State)AlaskaHarding Lake Recreation AreaFort RichardsonAnchorage AKLandholding Agency: ArmyProperty Number: 219540009Status: UnderutilizedComment: 25.5 acres, most recent use—

recreation.GeorgiaLand (Railbed)Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 219440440Status: UnutilizedComment: 17.3 acres extending 1.24 miles,

no known utilities potential.KansasParcel 1Fort LeavenworthCombined Arms CenterFort Leavenworth Co: Leavenworth KS

66027–5020Landholding Agency: ArmyProperty Number: 219012333Status: UnderutilizedComment: 14.4+ acres.Parcel 3Fort LeavenworthCombined Arms CenterFort Leavenworth Co: Leavenworth KS

66027–5020Landholding Agency: ArmyProperty Number: 219012336Status: UnderutilizedComment: 261+ acres; heavily forrested; no

access to a public right-of-way; selectedperiods are reserved for military/trainingexercises.

Parcel 4Fort LeavenworthCombined Arms CenterFort Leavenworth Co: Leavenworth KS

66027–5020Landholding Agency: ArmyProperty Number: 219012339Status: UnderutilizedComment: 24.1+ acres; selected periods are

reserved for military/training exercises;steep/wooded area.

Parcel 6Fort LeavenworthCombined Arms Center

Fort Leavenworth Co: Leavenworth KS66027–5020

Location: Extreme north east corner ofinstallation in Flood Plain of the MissouriRiver.

Landholding Agency: ArmyProperty Number: 219012340Status: UnderutilizedComment: 1280 acres; selected periods are

reserved for military/training exercises.Parcel FFort LeavenworthCombined Arms CenterFort Leavenworth Co: Leavenworth KS

66027–5020Landholding Agency: ArmyProperty Number: 219012552Status: UnutilizedComment: 33.4 acres; area is land locked;

heavily wooded; periodic flooding.LouisianaLand—Louisiana AAPDoyline Co: Webster LA 71023–Landholding Agency: ArmyProperty Number: 219430133Status: UnderutilizedComment: 3 acres, most recent use—excess

vehicle storage, secure area with alternateaccess.

MinnesotaLandTwin Cities Army Ammunition PlantNew Brighton Co: Ramsey MN 55112–Landholding Agency: ArmyProperty Number: 219120269Status: UnderutilizedComment: Approx. 25 acres, possible

contamination, secured area with alternateaccess.

MontanaU.S. Army Reserve CenterMarcella AvenueLewistown Co: Fergus MTLandholding Agency: ArmyProperty Number: 219420009Status: UnutilizedComment: 4.16 acres of bare land.NevadaParcel AHawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Location: At Foot of Eastern slope of Mount

Grant in Wassuk Range & S.W. edge ofWalker Lane

Landholding Agency: ArmyProperty Number: 219012049Status: UnutilizedComment: 160 acres, road and utility

easements, no utility hookup, possibleflooding problem.

Parcel BHawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Location: At foot of Eastern slope of Mount

Grant in Wassuk Range & S.W. edge ofWalker Lane

Landholding Agency: ArmyProperty Number: 219012056Status: UnutilizedComment: 1920 acres; road and utility

easements; no utility hookup; possibleflooding problem.

Parcel C


Hawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Location: South-southwest of Hawthorne

along HWAAP’s South Magazine Area atWestern edge of State Route 359

Landholding Agency: ArmyProperty Number: 219012057Status: UnutilizedComment: 85 acres; road & utility easements;

no utility hookup.Parcel DHawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Location: South-southwest of Hawthorne

along HWAAP’S South Magazine Area atwestern edge of State Route 359.

Landholding Agency: ArmyProperty Number: 219012058Status: UnutilizedComment: 955 acres; road & utility

easements; no utility hookup.New YorkGaleville Army Training SiteShawangunk Co: Ulster NY 12589–Landholding Agency: ArmyProperty Number: 219510128Status: UnderutilizedComment: 621.05 acres, improved w/inactive

runway, airfield & taxiway, potentialutilities, 234 acres is wetlands and habitatfor threatened species.

Land—6.965 AcresDix AvenueQueensbury Co: Warren NY 12801–Landholding Agency: ArmyProperty Number: 219540018Status: UnutilizedComment: 6.96 acres of vacant land, located

in industrial area, potential utilities.Ohio5 acresDoan U.S. Army Reserve CenterPortmonth Co: Scioto OH 45662–Landholding Agency: ArmyProperty Number: 219320313Status: UnutilizedComment: 5 acres including paved roads,

parking, sidewalks, etc.3 acresHayes U.S. Army Reserve CenterFremont Co: Sandusky OH 43420–Landholding Agency: ArmyProperty Number: 219320316Status: UnutilizedComment: 3 acres including paved roads,

parking, sidewalks, etc.TennesseeMilan Army Ammunition PlantMilan Co: Carroll TN 38358–Location: Plant boundary in the northeast

corner of the plant & housing areaLandholding Agency: ArmyProperty Number: 219010547Status: ExcessComment: 17.2 acres; right of entry legal

constraint.Holston Army Ammunition PlantKingsport Co: Hawkins TN 61299–6000Landholding Agency: ArmyProperty Number: 219012338Status: UnutilizedComment: 8 acres; unimproved; could

provide access; 2 acres unusable; nearexplosives.

LandMilan Army Ammunition PlantNE corner of plant & housing areaMilan Co: Carroll TN 38358–Landholding Agency: ArmyProperty Number: 219240780Status: UnutilizedComment: 17.2 acres, secured area w/

alternate access, most recent use—bufferzone.

Texas

Vacant Land, Fort Sam HoustonAll of Block 1800, Portions of Blocks 1900,3100 and 3200San Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219220438Status: UnutilizedComment: 244.47 acres, 85% located in

floodplain, possibility of unexplodedordance.

Old Camp Bullis RoadFort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219420461Status: UnutilizedComment: 7.16 acres, rural gravel road.Camp Bullis, Tract 9Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219420462Status: UnutilizedComment: 1.07 acres of undeveloped land.

Suitable/Unavailable Properties


ArizonaBldg. S–306Yuma Proving GroundYuma Co: Yuma/La Paz AZ 85365–9104Landholding Agency: ArmyProperty Number: 219420346Status: UnutilizedComment: 4103 sq. ft., 2-story, needs major

rehab, scheduled to be vacated on or about2/95.

ColoradoBldg. P–1388Fort CarsonColorado Springs Co: El Paso CO 80913–Landholding Agency: ArmyProperty Number: 219430134Status: UnutilizedComment: 240 sq. ft., 1-story steel structure,

needs rehab, secure area with alternateaccess, off-site use only.

GeorgiaBldg. T201, Fort StewartHinesville Co: Liberty GA 31314–Landholding Agency: ArmyProperty Number: 219420357Status: UnutilizedComment: 2929 sq. ft., 1-story wood frame,

needs repair, most recent use—offices, off-site use only.

Bldg. T–902, Fort StewartHinesville Co: Liberty GA 31314–Landholding Agency: ArmyProperty Number: 219420360Status: Unutilized

Comment: 2990 sq. ft., 1-story wood frame,needs repair, most recent use—offices, off-site use only.

Bldg. 704, Fort StewartHinesville Co: Liberty GA 31314–Landholding Agency: ArmyProperty Number: 219420364Status: UnutilizedComment: 2028 sq. ft., 1-story, needs major

repair, most recent use—admin.Bldg. TT0791Fort StewartHinesville Co: Liberty GA 31314–Landholding Agency: ArmyProperty Number: 219440408Status: UnutilizedComment: 1440 sq. ft., 1-story aluminum

frame, needs rehab, most recent use—aces.facility, off-site use only.

Bldg. TT0792Fort StewartHinesville Co: Liberty GA 31314–Landholding Agency: ArmyProperty Number: 219440409Status: UnutilizedComment: 1440 sq. ft., 1-story aluminum


Bldg. TT0793Fort StewartHinesville Co: Liberty GA 31314–Landholding Agency: ArmyProperty Number: 219440410Status: UnutilizedComment: 1440 sq. ft., 1-story aluminum


HawaiiBldg. S–275Fort DeRussyHonolulu HI 96815–Landholding Agency: ArmyProperty Number: 219540014Status: UnutilizedComment: 26047 gross sq. ft., some termite

damage, most recent use—office/workshop,limitations on use (PL90–110, Sec. 809).

KansasBldg. T–2014, Fort RileyFt. Riley KS 66442–Landholding Agency: ArmyProperty Number: 219520112Status: UnutilizedComment: 4856 sq. ft., 2-story wood frame,

most recent use—admin., presence ofasbestos, poor condition.

Bldg. T–2017, Fort RileyFt. Riley KS 66442–Landholding Agency: ArmyProperty Number: 219520113Status: UnutilizedComment: 3292 sq. ft., 2-story wood frame,




Bldg. T–2033, Fort Riley


Ft. Riley KS 66442–Landholding Agency: ArmyProperty Number: 219520115Status: UnutilizedComment: 1327 sq. ft., 1-story wood frame,



most recent use—warehouse, needs rehab,presence of asbestos.

Bldg. 3210, Fort RileyFt. Riley KS 66442–Landholding Agency: ArmyProperty Number: 219520192Status: UnutilizedComment: 190 sq. ft., 1-story, needs rehab,

presence of asbestos.KentuckyBldg. 05711, Fort CampbellFt. Campbell Co: Christian KY 42223–Landholding Agency: ArmyProperty Number: 219410340Status: UnutilizedComment: 10,944 sq. ft., 1-story, needs rehab,

presence of asbestos, most recent use—maintenance shop.

Bldg. 05713, Fort CampbellFt. Campbell Co: Christian KY 42223–Landholding Agency: ArmyProperty Number: 219410341Status: UnutilizedComment: 10,944 sq. ft., 1-story, needs rehab,

presence of asbestos, most recent use—maintenance shop.

Bldg. 5715Fort CampbellFort Campbell Co: Christian KY 42223–Landholding Agency: ArmyProperty Number: 219410355Status: UnutilizedComment: 10,944 sq. ft.; 1 story, needs rehab,

presence of asbestos, most recent use—vehicle maintenance shop; off-site useonly.





Bldg. 5725Fort CampbellFort Campbell Co: Christian KY 42223–Landholding Agency: ArmyProperty Number: 219410361

Status: UnutilizedComment: 10,944 sq. ft.; 1 story, needs rehab,


Bldg. 2941Fort CampbellFort Campbell Co: Christian KY 42223–Landholding Agency: ArmyProperty Number: 219420369Status: UnutilizedComment: 2950 sq. ft., 1-story, presence of

asbestos, most recent use—admin. andsupply, off-site use only.





Bldg. 30Fort CampbellFt. Campbell Co: Christian KY 42223–Landholding Agency: ArmyProperty Number: 219430151Status: UnutilizedComment: 5310 sq. ft., 2-story, needs rehab,


Bldgs. 250, 252Fort CampbellFt. Campbell Co: Christian KY 42223–Landholding Agency: ArmyProperty Number: 219430157Status: UnutilizedComment: 5310 sq. ft., 2-story, needs repair,





presence of asbestos, most recent use—maint. shop., off-site use only.

LouisianaBldg. 3322, Fort PolkTexas AvenueFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 219440441

Status: UnderutilizedComment: 480 sq. ft., 1 story, need repairs,

most recent use—offices.MarylandBldgs. TMA4, TMA5, TMA8, TMA9Fort George G. MeadeFt. Meade Co: Ann Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 219320292Status: UnutilizedComment: approx. 800 sq. ft. steel plate,

gravel base ammunition storage area, faircondition.

NevadaU.S. Army Reserve Center685 East Plumb LaneReno Co: Washoe NV 89502–Landholding Agency: ArmyProperty Number: 219340180Status: UnutilizedComment: 11457 sq. ft. Reserve Center &

2611 sq. ft. vehicle repair shop on 4.29acres, presence of asbestos, 1-story each,perpetual easement for road right of way 50ft. from prop.

New JerseyBldg. 3305Armament Research, Dev. & Eng. CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 219540002Status: UnderutilizedComment: 12000 sq. ft., 1 story, most recent

use—admin and R&D activities.Bldg. 1104Armament Research, Dev. & Eng. CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 219540003Status: UnutilizedComment: 1320 sq. ft., 2 story, fire/electrical/

safety code violations, need repairs, mostrecent use—family housing.

Bldg. 1105Armament Research, Dev. & Eng. CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 219540004Status: UnutilizedComment: 2806 sq. ft., 3 story, fire/electrical/


Bldg. 1113Armament Research, Dev. & Eng. CenterFort CampbellPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 219540005Status: UnutilizedComment: 1580 sq. ft., 2 story, fire/electrical/




Bldg. 1118Armament Research, Dev. & Eng. Center


Picatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 219540007Status: UnutilizedComment: 648 sq. ft., 1 story, fire/electrical/




TexasBldg. P–2000, Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219220389Status: UnderutilizedComment: 49,542 sq. ft., 3-story brick

structure, within National LandmarkHistoric District.

Bldg. P–2001, Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219220390Status: UnderutilizedComment: 16,539 sq. ft., 4-story brick


Bldg. P–2007, Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219220391Status: UnderutilizedComment: 13,058 sq. ft., 3-story brick


Bldg. T189, Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219220402Status: UnderutilizedComment: 11,949 sq. ft., 4-story brick

structure, within National LandmarkHistoric District, possible leadcontamination.

Bldg. P–8249Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219440455Status: ExcessComment: 2775 sq. ft., 1-story wood frame,

lead paint, off-site removal only, mostrecent use—family housing.

Bldg. P–151, Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219520116Status: UnutilizedComment: 1860 sq. ft., 1-story, presence of

lead base paint and asbestos, most recentuse—admin., located in Natl Hist.Landmark Dist. and Natl Cons. Dist.

Bldg. T–2656, Fort Sam Houston2326 Harney RoadSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219540071Status: Excess

Comment: 2040 sq. ft., 1-story concreteframe, off-site removal only, need repairs,most recent use—supply warehouse.

Bldg. T–2732, Fort Sam Houston2081 Schofield RoadSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219540072Status: ExcessComment: 8478 sq. ft., 1-story wood/concrete

frame, off-site removal only, most recentuse—fire station.

VirginiaBldg. T3004, Fort PickettBlackstone Co: Nottoway VA 23824–Landholding Agency: ArmyProperty Number: 219310317Status: UnutilizedComment: 2350 sq. ft., 1-story wood frame,

needs repair, most recent use—clinic.Bldg. T3022, Fort PickettBlackstone Co: Nottoway VA 23824–Landholding Agency: ArmyProperty Number: 219310318Status: UnderutilizedComment: 5310 sq. ft., 2-story wood frame,

needs repair, most recent use—barracks.Bldg. T3023, Fort PickettBlackstone Co: Nottoway VA 23824–Landholding Agency: ArmyProperty Number: 219310319Status: UnderutilizedComment: 5310 sq. ft., 2-story wood frame,



needs repair, most recent use—diningroom.

Bldg. T3025, Fort PickettBlackstone Co: Nottoway VA 23824–Landholding Agency: ArmyProperty Number: 219310322Status: UnderutilizedComment: 2950 sq. ft., 1-story wood frame,






Bldg. T3049, Fort Pickett

Blackstone Co: Nottoway VA 23824–Landholding Agency: ArmyProperty Number: 219310325Status: UnderutilizedComment: 2950 sq. ft., 1-story wood frame,


Bldg. T3050, Fort PickettBlackstone Co: Nottoway VA 23824–Landholding Agency: ArmyProperty Number: 219310326Status: UnutilizedComment: 2950 sq. ft., 1-story wood frame,










needs repair, most recent use—barracks.Bldg. T3045, Fort PickettBlackstone Co: Nottoway VA 23824–Landholding Agency: Army


Property Number: 219310335Status: UnderutilizedComment: 5310 sq. ft., 2-story wood frame,











needs repair, most recent use—admin./supply.















Bldg. TT3001, Fort PickettBlackstone Co: Nottoway VA 23824–Landholding Agency: ArmyProperty Number: 219310353Status: UnderutilizedComment: 3302 sq. ft., 1-story wood frame,

most recent use—chapel.Quarters 19201 & 19209Fort LeeFort Lee Co: Prince George VA 23801–Landholding Agency: ArmyProperty Number: 219410365Status: UnutilizedComment: 8370 sq. ft. each; 2 story family

quarters with 6 units each; off-site useonly.

Quarters 19202, 19204, 19206, 19208, 19211& 19213

Fort LeeFort Lee Co: Prince George VA 23801–Landholding Agency: ArmyProperty Number: 219410366Status: UnutilizedComment: 8404 sq. ft. each; 2 story family


Quarters 19203, 19205, 19207Fort LeeFort Lee Co: Prince George VA 23801–Landholding Agency: ArmyProperty Number: 219410367Status: UnutilizedComment: 9416 sq. ft. each; 2 story family


Quarters 19210, 19214Fort LeeFort Lee Co: Prince George VA 23801–Landholding Agency: ArmyProperty Number: 219410368Status: UnutilizedComment: 7084 sq. ft. each; 2 story family


Quarter 19212Fort LeeFort Lee Co: Prince George VA 23801–Landholding Agency: ArmyProperty Number: 219410369Status: UnutilizedComment: 14,098 sq. ft.; 2 story family

quarters with 12 units; offsite use only.

Land (by State)

New JerseyLand—Camp KilmerPlainfield AvenueEdison Co: Middlesex NJ 08817–2487Landholding Agency: ArmyProperty Number: 219230358Status: UnderutilizedComment: approx. 10 acres in the southwest

corner of site, most recent use—reservetraining, wooded area.

Suitable/To Be Excessed


MarylandBldg. 101Walter Reed Army Medical CenterForest Glen SectionSilver Spring Co: Montgomery MD 20910–Landholding Agency: ArmyProperty Number: 219012678Status: UnderutilizedComment: 18438 sq. ft.; needs rehab; possible

asbestos; building listed on NationalHistoric Register.

Bldg. 104Walter Reed Army Medical CenterForest Glen SectionSilver Spring Co: Montgomery MD 20910–Landholding Agency: ArmyProperty Number: 219012679Status: UnderutilizedComment: 12495 sq. ft.; needs rehab; possible

asbestos; building listed on NationalHistoric Register.

Bldg. 107Walter Reed Army Medical CenterForest Glen SectionSilver Spring Co: Montgomery MD 20910–


Landholding Agency: ArmyProperty Number: 219012680Status: UnutilizedComment: 4107 sq. ft.; possible structural

deficiencies; possible asbestos; historicproperty.

Bldg. 120Walter Reed Army Medical CenterForest Glen SectionSilver Spring Co: Montgomery MD 20910–Landholding Agency: ArmyProperty Number: 219012681Status: UnderutilizedComment: 2442 sq. ft.; possible structural

deficiencies; possible asbestos; historicproperty.

Land (by State)

TexasLand Saginaw Army Aircraft PltSaginaw Co: Tarrant TX 76070–Landholding Agency: ArmyProperty Number: 219014814Status: UnutilizedComment: 43.08 acres; includes buildings/

structures/parking and air strip.

Unsuitable Properties


Alabama122 Bldgs.Redstone ArsenalRedstone Arsenal Co: Madison AL 35898–Landholding Agency: ArmyProperty Number: 219014000, 219014009,

219014012, 219014015–219014051,219014057, 219014060, 219014292,219110109, 219120247–219120250,219230190, 219330001–219330002,219430266–219430290, 219440078–219440082, 219520032, 219530009–219530048

Status: UnutilizedReason: Secured Area (Some are extensively

deteriorated.)51 Bldgs., Fort RuckerFt. Rucker Co: Dale AL 36362Landholding Agency: ArmyProperty Number: 219220343–219220344,

219310016, 219320001, 219330003–219330010, 219340116, 219340118,219340120, 219340122–219340125,219410016, 219410022–219410023,219430260–219430264, 219440083–219440084, 219440088, 219440094–219440095, 219440097, 219510095–219510096, 219520050, 219520057–219520058, 219530006–219530008

Status: UnutilizedReason: Extensive deterioration.Bldgs. 25203, 25205–25207, 25209, 25501,

25503, 25505, 25507, 25510, 29101, 29103–29109

Fort RuckerStagefield AreasFt. Rucker Co: Dale AL 36362–5138Landholding Agency: ArmyProperty Number: 219410020–219410021,

219410024Status: UnutilizedReason: Secured area.27 Bldgs.Phosphate Development WorksMuscle Shoals Co: Colbert AL 35660–1010

Landholding Agency: ArmyProperty Number: 219220789–219220815Status: UnutilizedReason: Extensive deterioration.10 Bldgs., Fort McClellanFt. McClellan Co: Calhoun AL 36205–5000Landholding Agency: ArmyProperty Number: 219130019, 219440098–

219440099, 219440102–219440103,219440105–219440108, 219440111

Status: UnutilizedReason: Extensive deterioration.Bldg. 402–CAlabama Army Ammunition PlantChildersburg Co: Talladega AL 35044Landholding Agency: ArmyProperty Number: 219420124Status: UnutilizedReason: Secured Area.Alaska17 Bldgs.Fort GreelyFt. Greely AK 99790–Landholding Agency: ArmyProperty Number: 219210124–219210125,

219220320–219220332, 219520064Status: UnutilizedReason: Extensive deterioration.6 Bldgs., Fort WainwrightFt. Wainwright Co: Fairbanks AK 99505Landholding Agency: ArmyProperty Number: 219230183–219230184,

219410027, 219530001–219530003Status: UnutilizedReason: Extensive deterioration (Some are in

a secured area.)Bldg. 1144, Fort WainwrightFt. Wainwright Co: Fairbanks/North AK

99703Landholding Agency: ArmyProperty Number: 219240273Status: UnutilizedReason: Secured Area Within airport runway

clear zone.Bldgs. 5001, 5002, Fort WainwrightFt. Wainwright Co: Fairbanks/North AK

99703Landholding Agency: ArmyProperty Number: 219240274–219240275Status: UnutilizedReason: Secured area Floodway.Bldg. 1501, Fort GreelyFt. Greely AK 99505Landholding Agency: ArmyProperty Number: 219240327Status: UnutilizedReason: Secured Area.Sullivan Roadhouse, Ft GreelyFt. Greely AKLandholding Agency: ArmyProperty Number: 219430291Status: UnutilizedReason: Extensive deterioration.Arizona32 Bldgs.Navajo Depot ActivityBellemont Co: Coconino AZ 86015–Location: 12 miles west of Flagstaff, Arizona

on I–40Landholding Agency: ArmyProperty Number: 219014560–219014591Status: UnderutilizedReason: Secured Area.

10 properties: 753 earth covered igloos; aboveground standards magazines

Navajo Depot ActivityBellemont Co: Coconino AZ 86015–Location: 12 miles west of Flagstaff, Arizona

on I–40.Landholding Agency: ArmyProperty Number: 219014592–219014601Status: UnderutilizedReason: Secured Area.9 Bldgs.Navajo Depot ActivityBellemont Co: Coconino AZ 86015–5000Location: 12 miles west of Flagstaff on I–40Landholding Agency: ArmyProperty Number: 219030273–219030274,

219120175–219120181Status: UnutilizedReason: Secured Area.Bldgs. 84001, 68054Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 219210017, 219430315Status: ExcessReason: Extensive deterioration.Bldgs. S–2085, S–6078Yuma Proving GroundYuma Co: Yuma/LaPaz AZ 85365–9104Landholding Agency: ArmyProperty Number: 219330020–219330021Status: UnutilizedReason: Secured area.Bldg. T–231Yuma Proving GroundYuma Co: LaPaz AZ 85365–9104Landholding Agency: ArmyProperty Number: 219510093Status: UnutilizedReason: Extensive deterioration.Bldg. 3007Yuma Proving GroundLaguana Army AirfieldYuma Co: LaPaz AZ 85365–9104Landholding Agency: ArmyProperty Number: 219510094Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material.ArkansasFort Smith USAR CenterFort Smith1218 South A StreetFort Smith Co: Sebastian AR 72901–Landholding Agency: ArmyProperty Number: 219014928Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material.Army Reserve CenterHwy 79 NorthCamden Co: Calhoun AR 71701–3415Landholding Agency: ArmyProperty Number: 219220345Status: UnutilizedReason: Extensive deterioration.6 Bldgs.Pine Bluff ArsenalPine Bluff Co: Jefferson AR 71602–9500Landholding Agency: ArmyProperty Number: 219420138–219420142,

219440077Status: UnutilizedReason: Secured Area Extensive

deterioration.


CaliforniaBldgs. P–177, P–178, 325, S–308, S–308A, T–

308BFort Hunter LiggettJolon Co: Monterey CA 93928–Landholding Agency: ArmyProperty Number: 219012414–219012415,

219012600, 219240284–219240285,219240287

Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material (Some are in a securedarea.)

Bldg. 18Riverbank Army Ammunition Plant5300 Claus RoadRiverbank Co: Stanislaus CA 95367–Landholding Agency: ArmyProperty Number: 219012554Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material Secured Area.11 Bldgs, Nos. 2–8, 156, 1, 120, 181Riverbank Army Ammunition PlantRiverbank Co: Stanislaus CA 95367–Landholding Agency: ArmyProperty Number: 219013582–219013588,

219013590, 219240444–219240446Status: UnderutilizedReason: Secured Area.9 Bldgs.Oakland Army BaseOakland Co: Alameda CA 94626–5000Landholding Agency: ArmyProperty Number: 219013903–219013906,

219120051, 219340008–219340011Status: UnutilizedReason: Secured Area (Some are extensively

deteriorated.)Bldgs. S–108, S–290Sharpe Army DepotLathrop Co: San Joaquin CA 95331–Landholding Agency: ArmyProperty Number: 219014290, 219230179Status: UnderutilizedReason: Secured Area.Bldg. S–184Fort Hunter LiggettFt. Hunter Liggett Co: Monterey CA 93928–Landholding Agency: ArmyProperty Number: 219014602Status: UnderutilizedReason: Secured Area.12 Bldgs.Sierra Army DepotHerlong Co: Lassen CA 96113–Landholding Agency: ArmyProperty Number: 219014713–219014717,

219014719–219014721, 219230181,219320012

Status: UnutilizedReason: Secured Area.Bldg. P–88Sierra Army DepotRoad Oil StorageHerlong Co: Lassen CA 96113–Landholding Agency: ArmyProperty Number: 219014707Status: UnutilizedReason: Oil Storage Tank.Bldgs. 173, 177Roth Road—Sharpe Army DepotLathrop Co: San Joaquin CALandholding Agency: Army

Property Number: 219014940–219014941Status: UnutilizedReason: Secured Area.Bldgs. 13, 171, 178 Riverbank Ammun Plant5300 Claus RoadRiverbank Co: Stanislaus CA 95367–Landholding Agency: ArmyProperty Number: 219120162–219120164Status: UnderutilizedReason: Secured Area.Bldg. S–521, Sharpe SiteLathrop Co: San Joaquin CA 95331–Landholding Agency: ArmyProperty Number: 219240155Status: UnutilizedReason: Secured Area.Bldgs. T–187, 403 Fort Hunter LiggettFt. Hunter Liggett Co: Monterey CA 93928Landholding Agency: ArmyProperty Number: 219240321, 219440184Status: UnutilizedReason: Secured Area Extensive

deterioration.Bldgs. 36, 257, Tracy FacilityTracy Co: San Joaquin CA 95376Landholding Agency: ArmyProperty Number: 219330023, 219330025Status: UnutilizedReason: Secured Area.10 Bldgs., Fort IrwinFt. Irwin Co: San Bernardino CA 92310Landholding Agency: ArmyProperty Number: 219330026–219330035Status: UnutilizedReason: Secured Area Extensive

Deterioration.22 Bldgs.DDDRW Sharpe FacilityTracy Co: San Joaquin CA 95331Landholding Agency: ArmyProperty Number: 219430017–219430039,

219430317Status: UnutilizedReason: Secured Area.US Army Reserve CenterRio Vista Co: Sonoma CA 94571Landholding Agency: ArmyProperty Number: 219430316Status: UnutilizedReason: Floodway.6 BuildingsOakland Army BaseOakland Co: Alameda CA 94626Location: Include: 90, 790, 792, 807, 829, 916Landholding Agency: ArmyProperty Number: 219510097Status: UnutilizedReason: Secured Area Within 2000 ft. of

flammable or explosive material.Bldg. 43; Bunkers 41, 42, 45, 46, 47Santa Rosa High Frequency Radio StationSanta Rosa CALandholding Agency: ArmyProperty Number: 219520036Status: ExcessReason: Secured Area.Bldgs. 29, 39, 73, 154, 155, 193, 204, 257Los Alamitos Co: Orange CA 90720–5001Landholding Agency: ArmyProperty Number: 219520040Status: UnutilizedReason: Extensive deterioration.Bldgs. 1103, 1131Parks Reserve Forces Training Area

Dublin Co: Alameda CA 94568–5201Landholding Agency: ArmyProperty Number: 219520056Status: UnutilizedReason: Extensive deterioration.Bldgs. 144, 429–430National Training Center, Fort IrwinFt. Irwin Co: San Bernardino CA 92310Landholding Agency: ArmyProperty Number: 219530066Status: UnutilizedReason: Secured Area, Extensive

deterioration.19 Bldgs.National Training Center, Fort IrwinFt. Irwin Co: San Bernardino CA 92310Location: #556, 558, 562, 564, 578, 581, 584,

586, 609, 474, 600, 410, 427, 485, 483, 579,583, 570, 568

Landholding Agency: ArmyProperty Number: 219530067Status: UnutilizedReason: Secured Area, Extensive

deterioration.ColoradoBldgs. T–317, T–412, 431, 433Rocky Mountain ArsenalCommerce Co: Adams CO 80022–2180Landholding Agency: ArmyProperty Number: 219320013–219320016Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material, Secured Area,Extensive deterioration.

GeorgiaFort StewartSewage Treatment PlantFt. Stewart Co: Hinesville GA 31314–Landholding Agency: ArmyProperty Number: 219013922Status: UnutilizedReason: Sewage treatment.Facility 12304Fort GordonAugusta Co. Richmond GA 30905–Location: Located off Lane AvenueLandholding Agency: ArmyProperty Number: 219014787Status: UnutilizedReason: Wheeled vehicle grease/inspection

rack.114 BldgsFort GordonAugusta Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219220269, 219220279,

219220281, 219220293, 219320020,219320026, 219330050–219330057,219330060, 219410038–219410131,219420144–219420145, 219440199,219520044, 219520067

Status: UnutilizedReason: Extensive deterioration.Bldgs. 11726–11727Fort GordonAugusta Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219210138–219210139Status: UnutilizedReason: Secured Area.4 Bldgs., Fort BenningFt. Benning Co: Muscogee GA 31905Landholding Agency: ArmyProperty Number: 219220334–219220337


Status: UnutilizedReason: Detached lavatory.38 Bldgs., Fort BenningFt. Benning Co: Muscogee GA 31905Landholding Agency: ArmyProperty Number: 219220742, 219420150,

219530068–219530069Status: UnutilizedReason: Extensive deterioration.7 Bldgs.Fort GillemForest Park Co: Clayton GA 30050Landholding Agency: ArmyProperty Number: 219310091, 219310093–

219310094, 219310099, 219310107,219320030, 219320033

Status: UnutilizedReason: Extensive deterioration.4 Bldgs., Fort StewartHinesville Co: Liberty GA 31314Landholding Agency: ArmyProperty Number: 219420155, 219420162,

219420168, 219520045Status: UnutilizedReason: Extensive deterioration.14 Bldgs., Hunter Army AirfieldSavanna Co: Chatham GA 31409Landholding Agency: ArmyProperty Number: 219420152–219420153,

219430318–219430319, 219530070–219530071

Status: UnutilizedReason: Extensive deterioration.Bldg. P–8063, Hunter Army AirfieldSavannah Co: Chatham GA 31409Landholding Agency: ArmyProperty Number: 219520027Status: ExcessReason: Latrine.Bldgs. T–707, T–709, T–713, T–714, T–715,

T–716, T–717, T–914, T–922Hunter Army AirfieldSavannah Co: Chatham GA 31409Landholding Agency: ArmyProperty Number: 219520041Status: ExcessReason: Extensive deterioration.HawaiiPU–01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11Schofield BarracksKolekole Pass RoadWahiawa Co: Wahiawa HI 96786–Landholding Agency: ArmyProperty Number: 219014836–219014837Status: UnutilizedReason: Secured Area.8 Bldgs.Schofield BarracksWahiawa Co: Wahiawa HI 96786–Landholding Agency: ArmyProperty Number: 219030361, 219510090,

219520038Status: UnutilizedReason: Secured Area.11 Bldgs., Fort ShafterHonolulu Co: Honolulu HI 96819Landholding Agency: ArmyProperty Number: 219320035, 219510087,

219520046, 219530072–219530073Status: UnutilizedReason: Extensive deterioration.Bldgs. 754–C, P–1519 A/B, T–3002 Schofield

BarracksWahiawa Co: Wahiawa HI 96786

Landholding Agency: ArmyProperty Number: 219320034, 219420154,

219520063Status: UnutilizedReason: Extensive deterioration.Bldgs. 572, S–822Wheeler Army AirfieldWahiawa HI 96857Landholding Agency: ArmyProperty Number: 219510088, 219520039Status: UnutilizedReason: Secured Area.Bldgs. P–01506, S01507, P–01508Wheeler Army AirfieldWahiawa HI 96786Landholding Agency: ArmyProperty Number: 219520003Status: UnderutilizedReason: Within 2000 ft. of flammable or

explosive material.Bldg. T–2232Schofield Barracks, 8th StreetWahiawa HI 96786Landholding Agency: ArmyProperty Number: 219520065Status: UnutilizedReason: Not accessible by road.Illinois609 Bldgs. and GroupsJoliet Army Ammunition PlantJoliet Co: Will IL 60436–Landholding Agency: ArmyProperty Number: 219010153–219010317,

219010319–219010407, 219010409–219010413, 219010415–219010439,219011750–219011879, 219011881–219011908, 219012331, 219013076–219013138, 219014722–219014781,219030277–219030278, 219040354,219140441–219140446, 219210146,219240457–219240465, 219330062–219330094

Status: UnutilizedReason: Secured Area; many within 2000 ft.

of flammable or explosive materials; somewithin floodway.

Bldgs. 58, 59 and 72, 69, 64, 105Rock Island ArsenalRock Island Co: Rock Island IL 61299–5000Landholding Agency: ArmyProperty Number: 219110104–219110108Status: UnutilizedReason: Secured Area.Bldgs. 133, Rock Island ArsenalGillespie AvenueRock Island Co: Rock Island IL 61299–Landholding Agency: ArmyProperty Number: 219210100Status: UnderutilizedReason: Extensive deterioration.13 Bldgs. Savanna Army Depot ActivitySavanna Co: Carroll IL 61074Landholding Agency: ArmyProperty Number: 219230126–219230127,

219430326–219430335, 219430397Status: UnutilizedReason: Extensive deterioration.Bldgs. 103, 114, 417, 110Charles Melvin Price Support CenterGranite City Co: Madison IL 62040Landholding Agency: ArmyProperty Number: 219420182–219420184,

219510008Status: Unutilized

Reason: Secured Area; Extensivedeterioration.

Indiana263 Bldgs.Indiana Army Ammunition Plant (INAAP)Charlestown Co: Clark IN 47111–Landholding Agency: ArmyProperty Number: 219010913–219010920,

219010924–219010936,219010952,219010955, 219010957, 219010959,219010960, 219010962–219010964,219010966–219010967, 219010969–219010970, 219011449, 219011454,219011456–219011457, 219011459–219011464, 219013764, 219013848,219014608–219014653, 219014655–219014661, 219014663–219014683,219030315, 219120168–219120171,219140425–219140440, 219210152–219210155, 219230034–219230037,219320036–219320111, 219420170–219420181, 219440159–219440163


explosive material (Most are within asecured area.)

172 Bldgs.Newport Army Ammunition PlantNewport Co: Vermillion IN 47966–Landholding Agency: ArmyProperty Number: 219011584, 219011586–

219011587, 219011589–219011590,219011592–219011627, 219011629–219011636, 219011638–219011641,219210149–219210151, 219220220,219230032–219230033, 219430336–219430338, 219520033, 219520042,219530075–219530097


deteriorated).2 Bldgs.Atterbury Reserve Forces Training AreaEdinburgh Co: Johnson IN 46124–1096Landholding Agency: ArmyProperty Number: 219230030–219230031Status: UnutilizedReason: Extensive deterioration.Bldgs. 2635, Indiana Army Ammunition

PlantCharlestown Co: Clark IN 47111Landholding Agency: ArmyProperty Number: 219240322Status: UnutilizedReason: Secured Area; Extensive

deterioration.Iowa95 Bldgs.Iowa Army Ammunition PlantMiddletown Co: Des Moines IA 52638–Landholding Agency: ArmyProperty Number: 219012605–219012607,

219012609, 219012611, 219012613,219012615, 219012620, 219012622,219012624, 219013706–219013738,219120172–219120174, 219440112–219440158, 219510089, 219520002,219520070

Status: UnutilizedReason: (Many are in a Secured Area) (Most

are within 2000 ft. of flammable orexplosive material).

30 Bldgs., Iowa Army Ammunition PlantMiddletown Co: Des Moines IA 52638


Landholding Agency: ArmyProperty Number: 219230005–219230039,

219310017, 219330061, 219340091,219520053, 219520151

Status: UnutilizedReason: Extensive deterioration.Kansas37 Bldgs.Kansas Army Ammunition PlantProduction AreaParsons Co: Labette KS 67357–Landholding Agency: ArmyProperty Number: 219011909–219011945Status: UnutilizedReason: Secured Area (Most are within 2000

ft. of flammable or explosive material).222 Bldgs.Sunflower Army Ammunition Plant35425 W. 103rd StreetDeSoto Co: Johnson KS 66018–Landholding Agency: ArmyProperty Number: 219040039, 219040045,

219040048–219040051, 219040053,219040055, 219040063–219040067,219040072–219040080, 219040086–219040099, 219040102, 219040111–219040112, 219040118–219040119,219040121–219040124, 219040126,219040128–219040133, 219040136–219040137, 219040139–219040140,219040143, 219040149–219040154,219040156, 219040160–219040165,219040168–219040170, 219040180,219040182–219040185, 219040190–219040191, 219040202, 219040205–219040207, 219040208, 219040210–219040221, 219040234–219040239,219040241–219040254, 219040256–219040257, 219040260, 219040262–219040267, 219040270–219040279,219040282–219040319, 219040321–219040323, 219040325–219040327,219040330–219040335, 219040349,219040353, 219110073, 219140569–219140577, 219140580–219140591,219140594, 219140599–219140601,219140606–219140612, 219420185–219420187

Status: UnutilizedReason: Within 2000 ft of flammable or

explosive material Floodway; SecuredArea.

21 Bldgs.Sunflower Army Ammunition Plant35425 W. 103rd StreetDeSoto Co: Johnson KS 66018–Landholding Agency: ArmyProperty Number: 219040007–219040008,

219040010–219040012, 219040014–219040027, 219040030–219040031


explosive material Floodway.64 Bldgs.Fort RileyFt. Riley Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 219240080, 219430040,

219440164–219440183, 219520043,219530098–219530125

Status: UnutilizedReason: Extensive deterioration.11 LatrinesSunflower Army Ammunition Plant35425 West 103rd

DeSoto Co: Johnson KS 66018–Landholding Agency: ArmyProperty Number: 219140578–219140579,

219140593, 219140595–219140598,219140602–219140605

Status: UnutilizedReason: Detached Latrine.75 Bldgs., Sunflower Army Ammunition

PlantDeSoto Co: Johnson KS 66018–Landholding Agency: ArmyProperty Number: 219240333–219240394,

219240402, 219240410–219240416,219240420, 219240434–219240437

Status: UnutilizedReason: Secured Area; Within 2000 ft. of

flammable or explosive material. Extensivedeterioration.

KentuckyBldg. 126Lexington-Blue Grass Army DepotLexington Co: Fayette KY 40511–Location: 12 miles northeast of Lexington,

Kentucky.Landholding Agency: ArmyProperty Number: 219011661Status: UnutilizedReason: Secured Area; Sewage treatment

facility.Bldg. 12Lexington-Blue Grass Army DepotLexington Co: Fayette KY 40511–Location: 12 miles Northeast of Lexington

Kentucky.Landholding Agency: ArmyProperty Number: 219011663Status: UnutilizedReason: Industrial waste treatment plant.5 Bldgs., Fort KnoxFt. Knox Co: Hardin KY 40121–Landholding Agency: ArmyProperty Number: 219320113–219320115,

219320132, 219410146Status: UnutilizedReason: Extensive deterioration.45 Bldgs., Fort CampbellFt. Campbell Co: Christian KY 42223Landholding Agency: ArmyProperty Number: 219340247, 219430047–

219430058, 219440264, 219440273,219530126

Status: UnutilizedReason: Extensive deterioration (Some are in

a secured area).22 Buildings, Fort KnoxFt. Knox Co: Hardin KY 40121Location: Include: 9253, 9255, 9257, 9262,

9330, 9345, 9365, 9366, 9458, 9459, 9471,9472, 9601, 9602, 9609, 9610, 9612, 9613,9621–9642

Landholding Agency: ArmyProperty Number: 219510078Status: UnutilizedReason: Extensive deterioration (Some are

detached latrines).77 Bldgs.Fort KnoxFt. Knox Co: Hardin KY 40121Landholding Agency: ArmyProperty Number: 219510079–219410084Status: UnutilizedReason: Extensive deterioration.Louisiana42 Bldgs.

Louisiana Army Ammunition PlantDoylin Co: Webster LA 71023–Landholding Agency: ArmyProperty Number: 219011668–219011670,

219011700, 219011714–219011716,219011735–219011737, 219012112,219013571–219013572, 219013863–219013869, 219110124, 219110127,219110131, 219110135–219110136,219120290, 219240137–219240150,219420330–219420332

Status: UnutilizedReason: Secured Area (Most are within 2000

ft. of flammable or explosive material)(Some are extensively deteriorated).

Staff ResidencesLouisiana Army Ammunition PlantDoylin Co: Webster LA 71023–Landholding Agency: ArmyProperty Number: 219120284–219120286Status: ExcessReason: Secured Area.6 Bldgs., Fort PolkFt. Polk Co: Vernon Parish LA 71459–7100Landholding Agency: ArmyProperty Number: 219320282, 219340107–

219340108, 219430339–219430340,219520059

Status: UnutilizedReason: Extensive deterioration.Maryland77 Bldgs.Aberdeen Proving GroundAverdeen City Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 219011406–219011417,

219012608, 219012610, 219012612,219012614, 219012616–219012617,219012619, 219012623, 219012625–219012629, 219012631, 219012633–219012635, 219012637–219012642,219012645–219012651, 219012655–219012664, 219013773, 219014711–219014712, 219030316, 219110140,219240329, 219520060, 219530127–219530133

Status: UnutilizedReason: Most are in a secured area. (Some are

within 2000 ft. of flammable or explosivematerial) (Some are in a floodway) (Someare extensively deteriorated).

Bldg. 1958Fort George G. MeadeFort Meade Co: Anne Arundel MD 20755–Landholding Agency: ArmyProperty Number: 219014789Status: UnutilizedReason: Secured Area.Bldg. 10401Aberdeen Proving GroundAberdeen AreaHarford Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 219110138Status: UnutilizedReason: Sewage treatment plant.Bldg. 10402Aberdeen Proving GroundAberdeen AreaAberdeen City Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 219110139Status: UnutilizedReason: Sewage pumping station.


39 Bldgs. Ft. George G. MeadeFt. Meade Co: Anne Arundel MD 20755–Landholding Agency: ArmyProperty Number: 219130059, 219140458,

21914060–219140641, 219140465,219140467, 219140510, 219210123,219220142, 219220146–219220147,219220153, 219220171–219220173,219220190–219220192, 219220195–219220197, 219240121, 219310022,219310026–219310027, 219310031–219310033, 219320144, 219330114–219330118, 219340013, 219420333–219420334, 219530167–219530168

Status: UnutilizedReason: Extensive deterioration.Bldgs. 132, 135 Fort RitchieFt. Ritchie Co: Washington MD 21719–5010Landholding Agency: ArmyProperty Number: 219330109–219330110Status: UnderutilizedReason: Secured Area.Bldg. T–116, Fort DetrickFrederick Co: Frederick MD 21762–5000Landholding Agency: ArmyProperty Number: 219340012Status: UnutilizedReason: Extensive deterioration.Bldg. 4900, Aberdeen Proving GroundCo: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 219230089Status: UnutilizedReason: Within airport runway clear zone.MassachusettsMaterial Technology Lab405 Arsenal StreetWatertown Co: Middlesex MA 02132–Landholding Agency: ArmyProperty Number: 219120161Status: UnderutilizedReason: Within 2000 ft. of flammable or

explosive material Floodway; SecuredArea.

Bldgs. T–102, T–110, T–111, Hudson FamilyHsg

Natick RD&E CenterBruen RoadHudson Co: Middlesex MA 01749Landholding Agency: ArmyProperty Number: 219220105–219220107Status: UnutilizedReason: Extensive deterioration.Bldg. 3462, Camp EdwardsMassachusetts Military ReservationBourne Co: Barnstable MA 024620–5003Landholding Agency: ArmyProperty Number: 219230095Status: UnutilizedReason: Secured Area; Extensive

deterioration.Bldgs. 3596, 1209–1211 Camp EdwardsMassachusetts Military ReservationBourne Co: Barnstable MA 02462–5003Landholding Agency: ArmyProperty Number: 219230096, 219310018–

219310020Status: UnutilizedReason: Secured Area.MichiganBldgs. 602, 604US Army Garrison SelfridgeMt. Clemens Co: Macomb MI 48043–Landholding Agency: Army

Property Number 219012355–219012356Status: UnutilizedReason: Within airport runway clear zone

Floodway; Secured Area.Detroit Arsenal Tank Plant28251 Van Dyke AvenueWarren Co: Macomb MI 48090–Landholding Agency: ArmyProperty Number: 219014605Status: UnderutilizedReason: Secured Area.Bldgs. 5755–5756Newport Weekend Training SiteCarleton Co: Monroe MI 48166Landholding Agency: ArmyProperty Number: 219310060–219310061Status: UnutilizedReason: Secured Area; Extensive

deterioration.25 Bldgs.Fort Custer Training Center2501 26th StreetAugusta Co: Kalamazoo MI 49102–9205Landholding Agency: ArmyProperty Number: 219014947–219014963,

219140447–219140454Status: UnutilizedReason: Secured Area.Minnesota169 Bldgs.Twin Cities Army Ammunition PlantNew Brighton Co: Ramsey MN 55112–Landholding Agency: ArmyProperty Number: 219120165–219120166,

219210014–219210015, 219220227–219220235, 219240328, 219310055–219310056, 219320145–219320156,219330096–219330108, 219340015,219410159–219410189, 219420195–219420284, 219430059–219430064

Status: UnutilizedReason: Secured Area (Most are within 2000

ft. of flammable or explosive material.)(Some are extensively deteriorated).

MississippiBldgs. 8301, 8303–8305, 9158Mississippi Army Ammunition PlantStennis Space Center Co: Hancock MS

39529–7000Landholding Agency: ArmyProperty Number: 219040438, 219040442Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material; Secured Area.MissouriLake City Army Ammo. Plant59, 59A, 59C, 59B, 18, 94, 149, T201, 6A, 6C,

6D, 6E, 6FIndependence Co: Jackson MO 64050–Landholding Agency: ArmyProperty Number: 219013666–219013669,

219530134–219530138Status: UnutilizedReason: Secured Area (Some are with 2000

ft. of flammable or explosive material).Bldg #1, 2, 3St. Louis Army Ammunition Plant4800 Goodfellow Blvd.St. Louis Co: St. Louis MO 63120–1798Landholding Agency: ArmyProperty Number: 219120067–219120069Status: UnutilizedReason: Secured Area.

13 Bldgs.Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–

5000Landholding Agency: ArmyProperty Number: 219140422–219140423,

219430066, 219430069–219430078Status: UnderutilizedReason: Within 2000 ft. of flammable or

explosive material.

Nevada7 Bldgs.Hawthorne Army Ammunition PlantHawthorne CO: Mineral NV 89415–Landholding Agency: ArmyProperty Number: 219011953, 219011955,

219012061–219012062, 219012106,219013614, 219230090

Status: UnutilizedReason: Secured Area.Bldgs. 396Hawthorne Army Ammunition PlantBachelor Enlisted Qtrs W/Dining FacilitiesHawthorne Co: Mineral NV 89415–Location: East side of Decatur Street-North of

Maine AvenueLandholding Agency: ArmyProperty Number: 219011997Status: UnutilizedReason: Within airport runway clear zone;

Secured Area.51 Bldgs.Hawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Landholding Agency: ArmyProperty Number: 219012009, 219012013,

219012021, 219012044, 219013615–219013651, 219013653–219013656,219013658–219013661, 219013663,219013665

Status: UnderutilizedReason: Secured Area (Some within airport

runway clear zone; many within 2000 ft. offlammable or explosive material).

62 Concrete Explo. Mag. Stor.Hawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Location: North Mag. AreaLandholding Agency: ArmyProperty Number: 219120150Status: UnutilizedReason: Secured Area.259 Concrete Explo. Mag. Stor.Hawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Location: South & Central Mag. AreasLandholding Agency: ArmyProperty Number: 219120151Status: UnutilizedReason: Secured Area.Facility No. 00A38Hawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Landholding Agency: ArmyProperty Number: 219330119Status: UnutilizedReason: Extensive deterioration.

New Jersey216 Bldgs.Armament Res. Dev. & Eng. Ctr.Picatinny Arsenal Co: Morris NJ 07806–5000Location: Route 15 northLandholding Agency: Army


Property Number: 219010440–219010474,219010476, 219010478, 219010639–219010667, 219010669–219010721,219012423–219012424, 219012426–219012428, 219012430–219012431,219012433–219012466, 219012469–219012472, 219012474–219012475,219012756–219012760, 219012763–219012767, 219013787, 219014306–219014307, 219014311, 219014313–219014321, 219030269, 219140617,219230118–219230125, 219240315,219420001–219420008, 219510002–219510007

Status: ExcessReason: Secured Area (Most are within 2000

ft. of flammable or explosive material).(Some are extensively deteriorated) (Someare in a floodway).

51 Bldgs.Fort MonmouthWall Co: Monmouth NJ 07719–Landholding Agency: ArmyProperty Number: 219012829–219012833,

219012837, 219012841–219012842,219013786, 219230177, 219320157,219330129–219330140, 219420335,219440201–219440211, 219530139–219530141


deteriorated) (Some are in a floodway).13 Bldgs., Military Ocean TerminalBayonne Co: Hudson NJ 07002–Landholding Agency: ArmyProperty Number: 219013890–219013896,

219330141–219330143, 219430001,219440200, 219520149

Status: UnutilizedReason: Floodway; Secured Area.Structure 403BArmament Research, Dev. & Eng. CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 219510001Status: UnutilizedReason: Drop Tower.9 Bldgs.Armament Rsch., Dev., & Eng. CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 219530142–219530151Status: UnutilizedReason: Extensive deterioration (Most are in

a secured area).New Mexico8 Bldgs.White Sands Missile RangeWhite Sands Co: Dona Ana NM 88802–Landholding Agency: ArmyProperty Number: 219330144–219330147,

219430126–219430127, 219530153–219530154

Status: UnutilizedReason: Extensive deterioration.New York7 Bldgs., Fort TottenBayside Co: Queens NY 11357–Landholding Agency: ArmyProperty Number: 219210130–219210131,

219430082–219430086Status: UnutilizedReason: Extensive deterioration.Bldgs. 110, 143, 2084, 2105, 2110

Seneca Army DepotRomulus Co: Seneca NY 14541–5001Landholding Agency: ArmyProperty Number: 219240439, 219240440–

219240443Status: UnutilizedReason: Secured Area; Extensive

deterioration.Bldg. 124U.S. Military AcademyWest Point Co: Orange NY 10996–Landholding Agency: ArmyProperty Number: 219330148Status: UnutilizedReason: Extensive deterioration.Bldg. 3008, Stewart GardensStewart Army SubpostNew Windsor Co: Orange NY 12553–Landholding Agency: ArmyProperty Number: 219420285Status: UnutilizedReason: Extensive deterioration.Bldg. P–4370, Fort DrumFt. Drum Co: Jefferson NY 13602Landholding Agency: ArmyProperty Number: 219430004Status: UnutilizedReason: Sewage pumping station.10 Bldgs., Fort DrumFt. Drum Co: Jefferson NY 13602Landholding Agency: ArmyProperty Number: 219430005–219430012,

219430014, 219510016Status: UnutilizedReason: (Some are within airport runway

clear zone) (Some are extensivelydeteriorated).

5 Field Range LatrinesFort DrumFt. Drum Co: Jefferson NY 13602Location: Bldgs. S–2565, S–2703, S–2714, S–

2802, S–2822Landholding Agency: ArmyProperty Number: 219430013Status: UnutilizedReason: Detached latrines.North Carolina35 Bldgs. Fort BraggFt. Bragg Co: Cumberland NC 28307Landholding Agency: ArmyProperty Number: 219440295, 219530156–

219530165Status: UnutilizedReason: Extensive deterioration.Bldgs. 12, 16Military Ocean TerminalSouthport Co: Brunswick NC 28461–5000Landholding Agency: ArmyProperty Number: 219510015, 219530155Status: UnutilizedReason: Secured Area.Ohio63 Bldgs.Ravenna Army Ammunition PlanRavenna Co: Portgage OH 44266–9297Landholding Agency: ArmyProperty Number: 219012476–219012507,

219012509–219012513, 219012515,219012517–219012518, 219012520,219012522–219012523, 219012525–219012528, 219012530–219012532,219012534–219012535, 219012537,219013670–219013677, 219013781,219210148

Status: UnutilizedReason: Secured Area.12 Bldgs., Ravenna Army Ammunition PlanRavenna Co: Portgage OH 44266–9297Landholding Agency: ArmyProperty Number: 219320399–219320410Status: UnutilizedReason: Extensive deterioration.Oklahoma546 Bldgs.McAlester Army Ammunition PlantMcAlester Co: Pittsburg OK 74501–5000Landholding Agency: ArmyProperty Number: 219011674, 219011680,

219011684, 219011687, 219012113,219013981–219013991, 219013994,219014081–219014102, 219014104,219014107–219014137, 219014141–219014159, 219014162, 219014165–219014216, 219014218–219014274,219014336–219014559, 219030007–219030127, 219040004

Status: UnderutilizedReason: Secured Area (Some are within 2000

ft. of flammable or explosive material).12 Bldgs.Fort SillLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 219130060, 219140528–

219140529, 219140545–219140548,219140550–219140551, 219320337,219440309, 219510023

Status: UnutilizedReason: Extensive deterioration.22 Bldgs.McAlester Army Ammunition PlantMcAlester Co: Pittsburg OK 74501Landholding Agency: ArmyProperty Number: 219310050–219310053,

219320170–219320171, 219330149–219330160, 219430122–219430125


deteriorated).Oregon11 Bldgs.Tooele Army DepotUmatilla Depot ActivityHermiston Co: Morrow/Umatilla OR 97838–Landholding Agency: ArmyProperty Number: 219012174–219012176,

219012178–219012179, 219012190–219012191, 219012197–21901298,219012217, 219012229

Status: UnderutilizedReason: Secured Area.24 Bldgs.Tooele Army DepotUmatilla Depot ActivityHermiston Co: Morrow/Umatilla OR 97838–Landholding Agency: ArmyProperty Number: 219012177, 219012185–

219012186, 218012189, 219012195–219012196, 219012199–219012205,219012207–219012208, 219012225,219012279, 219014304–219014305,219014782, 219030362–219030363,219120032, 219320201

Status: UnutilizedReason: Secured Area.PennsylvaniaHays Army Ammunition Plan300 Miffin Road


Pittsburgh Co: Allegheny PA 15207–Landholding Agency: ArmyProperty Number: 219011666Status: ExcessReason: Secured Area.Bldg. 82001, Reading USARCReading Co: Berks PA 19604–1528Landholding Agency: ArmyProperty Number: 219320173Status: UnutilizedReason: Extensive deterioration.18 Bldgs.Letterkenny Army DepotChambersburg Co: Franklin PA 17201Landholding Agency: ArmyProperty Number: 219420399–219420405,

219420415, 219420418–219420423,219420427–219420430, 219430098

Status: UnutilizedReason: Secured Area; Extensive

deterioration.10 Bldgs., Letterkenny Army DepotChambersburg Co: Franklin PA 17201Landholding Agency: ArmyProperty Number: 219530169, 219530172–

219530174Status: UnutilizedReason: Secured Area, Structural

deficiencies.South Carolina23 Bldgs., Fort JacksonFt. Jackson Co: Richland SC 29207Landholding Agency: ArmyProperty Number: 219410157–219410158,

219440237–219440239, 219510017–219510022, 219530175

Status: UnutilizedReason: Extensive deterioration.Tennessee48 Bldgs.Volunteer Army Ammo. PlantChattanooga Co: Hamilton TN 37422–Landholding Agency: ArmyProperty Number: 219010475, 219010477,

219010479–219010500, 219240127–219240136, 219420304–219420307,219430099–219430105, 219520031

Status: Unutilized/UnderutilizedReason: Secured Area (Some are within 2000

ft. of flammable or explosive material)(Some are extensively deteriorated).

32 Bldgs.Holston Army Ammunition PlantKingsport Co: Hawkins TN 61299–6000Landholding Agency: ArmyProperty Number: 219012304–219012309,

219012311–219012312, 219012314,219012316–219012317, 219012319,219012325, 219012328, 219012330,219012332, 219012334–219012335,219012337, 219013789–219013790,219030266, 219140613, 219330178,219440212–219440216, 219510025–219510028

Status: UnutilizedReason: Secured Area (Some are within 2000

ft. of flammable or explosive material).9 Bldgs.Milan Army Ammunition PlantMilan Co: Gibson TN 38358Landholding Agency: ArmyProperty Number: 219240447–219240449,

219320182–219320184, 219330176–219330177, 219520034

Status: UnutilizedReason: Secured Area.Bldg. Z–183AMilan Army Ammunition PlantMilan Co: Gibson TN 38358Landholding Agency: ArmyProperty Number: 219240783Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material.

TexasSaginaw Army Aircraft PlanSaginaw Co: Tarrant TX 76079–Landholding Agency: ArmyProperty Number: 219011665Status: UnutilizedReason: Easement to city of Saginaw for

sewer pipeline ending 5/15/2023.18 Bldgs.Lone Star Army Ammunition PlantHighway 82 WestTexarkana Co: Bowie TX 75505–9100Landholding Agency: ArmyProperty Number: 219012524, 219012529,

219012533, 219012536, 219012539–219012540, 219012542, 219012544–219012545, 219030337–219030345


explosive material; Secured Area.Bldgs. 0021A, 0027ALonghorn Army Ammunition PlantKarnack Co: Harrison TX 75661–Location: State highway 43 northLandholding Agency: ArmyProperty Number: 219012546, 219012548Status: UnderutilizedReason: Secured Area.33 Bldgs., Red River Army DepotTexarkana Co: Bowie TX 75507–5000Landholding Agency: ArmyProperty Number: 219120064, 219130002,

219140255, 219230109–219230115,219320193–219320194, 219330163,219420314–219420327, 219430093–219430097, 219440217


deteriorated).Bldg. T–5000Camp BullisSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219220100–Status: UnderutilizedReason: Within 2000 ft. of flammable or

explosive material.

Swimming PoolsFort BlissEl Paso Co: El Paso TX 79916Landholding Agency: ArmyProperty Number: 219230108Status: UnutilizedReason: Extensive deterioration.2 Bldgs., Fort HoodFt. Hood Co: Bell TX 76544Landholding Agency: ArmyProperty Number: 219340238, 219520061Status: UnutilizedReason: Extensive deterioration.31 Bldgs., Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: Army

Property Number: 219330161–219330162,219330473–219330474, 219340095–219340098, 219420309–219420313,219440439, 219520054, 219530176–219530183

Status: UnutilizedReason: Extensive Deterioration.Bldg. T–2514Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219330475Status: UnutilizedReason: Pump house.Bldgs. T–2516, T–3180, T–3192, T–3398Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219330476–219330479Status: UnutilizedReason: Detached latrines.Utah3 Bldgs.Tooele Army DepotTooele Co: Tooele UT 84074–5008Landholding Agency: ArmyProperty Number: 219012153, 219012166,

219030366,Status: UnutilizedReason: Secured Area.11 Bldgs.Tooele Army DepotTooele Co: Tooele UT 84074–5008Landholding Agency: ArmyProperty Number: 219012143–219012144,

219012148–219012149, 219012152,219012155, 219012156, 219012158,219012742, 219012751, 219240267

Status: UnderutilizedReason: Secured Area.12 Bldgs.Dugway Proving GroundDugway Co: Toole UT 84022–Landholding Agency: ArmyProperty Number: 219013996–219013999,

219130008, 219130011–219130013,219130015–219130018

Status: UnderutilizedReason: Secured Area.18 Bldgs.Dugway Proving GroundDugway Co: Toole UT 84022–Landholding Agency: ArmyProperty Number: 219014693, 219130009–

219130010, 219130014, 219220204–219220207, 219330179–219330185,219420328–219420329, 219440218

Status: UnutilizedReason: Secured Area.Bldg. 4520Tooele Army Depot, South AreaTooele Co: Tooele UT 84074–5008Landholding Agency: ArmyProperty Number: 219240268Status: UnutilizedReason: Extensive deterioration.Virginia173 Bldgs.Radford Army Ammunition PlantRadford Co: Montgomery VA 24141–Location: State Highway 114Landholding Agency: ArmyProperty Number: 219010833, 219010836,

219010839, 219010842, 219010844,


219010847–219010890, 219010892–219010912, 219011521–219011577,219011581–219011583, 219011585,219011588, 219011591, 219013559–219013570, 219110142–219110143,219120071, 219140618–219140633,219440219–219440225, 219510031–219510033


explosive material Secured Area.13 Bldgs.Radford Army Ammunition PlantRadford Co: Montgomery VA 24141–Location: State Highway 114Landholding Agency: ArmyProperty Number: 219010834–219010835,

219010837–219010838, 219010840–219010841, 219010843, 219010845–219010846, 219010891, 219011578–219011580


explosive material; Secured Area; Latrine,detached structure.

58 Bldgs.U.S. Army Combined Arms Support

CommandFort Lee Co: Prince George VA 23801–Landholding Agency: ArmyProperty Number: 219240096, 219240105,

219240107–219240118, 219330191–219330228, 219340092–219340094,219420341, 219510034, 219520062

Status: UnutilizedReason: Extensive deterioration (Some are in

a secured area).16 Bldgs.Radford Army Ammunition PlantRadford VA 24141Landholding Agency: ArmyProperty Number: 219220210–219220218,

219230100–219230103, 219520037Status: UnutilizedReason: Secured Area.2 Bldgs.U.S. Army Combined Arms Support

CommandFort Lee Co: Prince George VA 23801Landholding Agency: ArmyProperty Number: 219220312, 219220314Status: UnderutilizedReason: Extensive deterioration.2 Bldgs., Fort A.P. HillBowlling Co: Caroline VA 22427Landholding Agency: ArmyProperty Number: 219240313–219240314Status: UnderutliizedReason: Detached latrines.Bldg. B7103–01, Motor HouseRadford Army Ammunition PlantRadford VA 24141Landholding Agency: ArmyProperty Number: 219240324Status: UnutilizedReason: Secured Area; Within 200 ft. of

flammable or explosive material; Extensivedeterioration.

Bldg. TT0868, Fort PickettBlackstone Co: Nottoway VA 23824Landholding Agency: ArmyProperty Number: 219310143Status: UnutilizedReason: Extensive deterioration.Bldg. 171 Fort Monroe

Ft. Monroe VA 23651Landholding Agency: ArmyProperty Number: 219520051Status: UnutilizedReason: Extensive Deterioration.1 Bldg., Fort StoryFt. Story Co: Princess Ann VA 23459Landholding Agency: ArmyProperty Number: 219430016Status: UnutilizedReason: Extensive deterioration.56 Bldgs.Red Water Field OfficeRadford Army Ammunition PlantRadford VA 24141Landholding Agency: ArmyProperty Number: 219430341–219430396Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material; Secured Area.Bldg. SS1238Fort A.P. HillBowling Green Co: Caroline VA 22427Landholding Agency: ArmyProperty Number: 219510030Status: UnderutilizedReason: Secured Area; Extensive

deterioration.Bldgs. S0001, S0002, S0003, S0005Hampton USAR CenterHampton VA 23666Landholding Agency: ArmyProperty Number: 219520029Status: UnutilizedReason: Secured Area.Bldgs. S0006, S0007, S0008, S0009Butler Farms USAR CenterHampton Farms USAR CenterHampton VA 23666Landholding Agency: ArmyProperty Number: 219520030Status: UnutilizedReason: Secured Area.Bldgs. 2013–00, B2013–00, A1601–00Radford Army Ammunition PlanRadford VA 24141Landholding Agency: ArmyProperty Number: 219520052, 219530194Status: UnutilizedReason: Extensive deterioration.Washington24 Training FacilitiesFort LewisFt. Lewis Co: Pierce WA 98433–5000Landholding Agency: ArmyProperty Number: 219430128Status: UnutilizedReason: Secured Area; Extensive

deterioration.68 Bldgs., Fort LewisFt. Lewis Co: Pierce WA 98433–5000Landholding Agency: ArmyProperty Number: 219430129, 219440226–

219440229, 219440231–219440235Status: UnutilizedReason: Secured Area; Extensive

deterioration.Bldgs. 524, 538, 539Ft. LawtonSeattle Co: King WA 98199Landholding Agency: ArmyProperty Number: 219430130Status: UnutilizedReason: Secured Area; Extensive

deterioration.

98 Bldgs. (Barracks)Fort LewisFt. Lewis Co: Pierce WA 98433Landholding Agency: ArmyProperty Number: 219440230Status: UnutilizedReason: Secured Area; Extensive

deterioration.152 Bldgs., Fort LewisFt. Lewis Co: Pierce WA 98433Landholding Agency: ArmyProperty Number: 219510035–219510056Status: UnutilizedReason: Secured Area.Wisconsin6 Bldgs.Badger Army Ammunition PlanBaraboo Co: Sauk, MI 53913–Landholding Agency: ArmyProperty Number: 219011094, 219011209–

219011212, 219011217Status: UnderutilizedReason: Within 2000 ft. of flammable or

explosive material; Other environmental;Secured Area.

Comment: Friable asbestos.154 Bldgs.Badger Army Ammunition PlantBaraboo Co: Sauk WI 53913–Landholding Agency: ArmyProperty Number: 219011104, 219011106,

219011108–219011113, 219011115–219011117, 219011119–219011120,219011122–219011139, 219011141–219011142, 219011144, 219011148–219011208, 219011213–219011216,219011218–219011234, 219011236,219011238, 219011240, 219011242,219011244, 219011247, 219011249,219011251, 219011254, 219011256,219011259, 219011263, 219011265,219011268, 219011270, 219011275,219011277, 219011280, 219011282,219011284, 219011286, 219011290,219011293, 219011295, 219011297,219011300, 219011302, 219011304–219011311, 219011317, 219011319–219011321, 219011323


explosive material; Other environmental;Secured Area

Comment: Friable asbestos.4 Bldgs.Badger Army Ammunition PlantBaraboo Co: Sauk WILandholding Agency: ArmyProperty Number: 219013871–219013873,

219013875Status: UnderutilizedReason: Secured Area.31 Bldgs.Badger Army Ammunition PlantBaraboo Co: Sauk WILandholding Agency: ArmyProperty Number: 219013876–219013878,

219220295–219220311, 219510058–219510068

Status: UnutilizedReason: Secured Area.Bldgs. 6513–27, 6823–2, 6861–4Badger Army Ammunition PlantBaraboo Co: Sauk WI 53913–Landholding Agency: ArmyProperty Number: 219210097–219210099



explosive material; Secured Area.63 Bldgs., Fort McCoyUS Hwy. 21Ft. McCoy Co: Monroe WI 54656–Landholding Agency: ArmyProperty Number: 219210115, 219240206–

219240243, 219240256, 219240258–219240262, 219310208–219310225

Status: UnutilizedReason: Extensive deterioration.Bldg. 6513–3Badger Army Ammunition PlantBaraboo Co: Sauk WI 53913Landholding Agency: ArmyProperty Number: 219510057Status: UnutilizedReason: Detached Latrine.124 Bldgs.Badger Army Ammunition PlantBaraboo Co: Sauk WI 53913Landholding Agency: ArmyProperty Number: 219510069–219510077Status: UnutilizedReason: Secured Area; Extensive

deterioration.

Land (by State)

Alabama23 acres and 2284 acresAlabama Army Ammunition Plant110 Hwy. 235Childersburg Co: Talladega AL 35044–Landholding Agency: ArmyProperty Number: 219210095–219210096Status: ExcessReason: Secured Area.3.152 acresAnniston Army DepotAnniston Co: Calhoun AL 36201Landholding Agency: ArmyProperty Number: 219530004Status: UnutilizedReason: Secured Area.AlaskaCampbell Creek RangeFort RichardsonAnchorage Co: Greater Anchorage AK 99507Landholding Agency: ArmyProperty Number: 219230188Status: UnutilizedReason: Inaccessible.IllinoisGroup 66AJoliet Army Ammunition PlantJoliet Co: Will IL 60436–Landholding Agency: ArmyProperty Number: 219010414Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material; Secured Area.Parcel 1Joliet Army Ammunition PlantJoliet Co: Will IL 60436–Location: South of the 811 Magazine Area,

adjacent to the River Road.Landholding Agency: ArmyProperty Number: 219012810Status: ExcessReason: Within 2000 ft. of flammable or

explosive material; Floodway.Parcel No. 2, 3

Joliet Army Ammunition PlantJoliet Co: Will IL 60436–Landholding Agency: ArmyProperty Number: 219013796–219013797Status: UnderutilizedReason: Within 2000 ft. of flammable or

explosive material; Floodway.Parcel No. 4, 5, 6Joliet Army Ammunition PlantJoliet Co: Will IL 60436–Landholding Agency: ArmyProperty Number: 219013798–219013800Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material; Floodway.Homewood USAR Center18760 S. Halsted StreetHomewood Co: Cook IL 60430–Landholding Agency: ArmyProperty Number: 219014067Status: UnderutilizedReason: Secured Area.38,000 sq. ft. & 4,000 sq. ft. of LandRock Island ArsenalSouth Shore Moline Pool Miss. RiverMoline Co: Rock Island IL 61299–5000Landholding Agency: ArmyProperty Number: 219240317–219240318Status: UnutilizedReason: Floodway.IndianaNewport Army Ammunition PlantEast of 14th St. & North of S. Blvd.Newport Co: Vermillion IN 47966–Landholding Agency: ArmyProperty Number: 219012360Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material; Secured Area.Land—Plant 2Indiana Army Ammunition PlantCharlestown Co: Clark IN 47111Landholding Agency: ArmyProperty Number: 219330095Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material.MarylandCarroll Island, Graces QuartersAberdeen Proving GroundEdgewood AreaAberdeen City Co: Harford Md 21010–5425Landholding Agency: ArmyProperty Number: 219012630, 219012632Status: UnderutilizedReason: Floodway; Secured Area.New JerseyLandArmament Research Development & Eng.

CenterRoute 15 NorthPicatinny Arsenal Co: Morris NJ 07806–Landholding Agency: ArmyProperty Number: 219013788Status: UnutilizedReason: Secured Area.Spur Line/Right of WayArmament Rsch., Dev., & Eng. CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 219530143Status: UnutilizedReason: Floodway.

Oklahoma

McAlester Army Ammo. PlantMcAlester Army Ammunition PlantMcAlester Co: Pittsburg OK 74501–Landholding Agency: ArmyProperty Number: 219014603Status: UnderutilizedReason: Within 2000 ft. of flammable or

explosive material.

Tennessee

LandVolunteer Army Ammunition PlantChattanooga Co: Hamilton TNLandholding Agency: ArmyProperty Number: 219013791Status: UnderutilizedReason: Within 2000 ft. of flammable or

explosive material; Secured Area.Volunteer Army Ammo. PlantChattanooga Co: Hamilton TNLocation: Area around VAAP—outside fence

in buffer zone.Landholding Agency: ArmyProperty Number: 219013880Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material; Secured Area.

Texas

Land—Approx. 50 acresLone Star Army Ammunition PlantTexarkana Co: Bowie TX 75505–9100Landholding Agency: ArmyProperty Number: 219420308Status: UnutilizedReason: Secured Area.Land—all of block 1800Fort Sam HoustonPortions of 1900, 3100, 3200San Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219530184Status: ExcessReason: Floodway.

Virginia

Fort Belvoir Military Reservation-5.6 AcresSouth Post located West of Pohick RoadFort Belvoir Co: Fairfax VA 22060–Location: Rightside of King RoadLandholding Agency: ArmyProperty Number: 219012550Status: UnutilizedReason: Within airport runway clear zone.;

Secured Area.

Wisconsin

LandBadger Army Ammunition PlantBaraboo Co: Sauk WI 53913–Location: Vacant land within plant

boundaries.Landholding Agency: ArmyProperty Number: 219013783Status: UnutilizedReason: Secured Area.



DEPARTMENT OF THE INTERIOR

Central Utah Project Completion Act;Uintah Unit, Central Utah Project;Irrigation Water Contract Negotiation

AGENCY: Office of the AssistantSecretary—Water and Science,Department of the Interior.

ACTION: Notice of intent to negotiate acontract among the Central Utah WaterConservancy District (CUWCD), DryGulch Irrigation Company, and theDepartment of the Interior (DOI) fortransferring storage rights of irrigationwater held in high mountain lakes in aWilderness Area in the Uinta Mountainsto storage facilities being planned forthe Uintah Unit of the Central UtahProject.

SUMMARY: Public Law 102–575 Section201(c) extended the authorization of theUintah Unit of the Central Utah Projectfor 5 years from time of enactment. Thiscontract is intended to providereplacement storage for irrigation waterpresently held in the upper drainageareas of the Uinta Mountains in theproposed Lower Uintah Reservoir that isbeing planned as part of the Uintah Unitof the Central Utah Project. Thereservoirs being vacated in theWilderness Areas will be stabilized atnear natural sizes and will be managedby the U.S. Forest Service forenvironmental utilization. A negotiatedcontract among CUWCD, Dry GulchIrrigation Company, and DOI willestablish the operating criteria andassure that the water rights of Dry GulchIrrigation Company are maintained inquantity and priority.

DATES: Dates for public negotiationsessions will be announced in localnewspapers.

FOR FURTHER INFORMATION: Additionalinformation on matters related to thisFederal Register notice can be obtainedat the address and telephone number setforth below: Mr. Michael Hansen,Program Coordinator, CUP CompletionAct Office, Department of the Interior,302 East 1860 South, Provo, UT 84606–6154, Telephone: (801) 379–1194

Dated: March 25, 1996.Ralph Swanson,Acting CUP Program Director, Departmentof the Interior.[FR Doc. 96–7849 Filed 3–28–96; 8:45 am]BILLING CODE 4310–RK–P

Central Utah Project Completion Act;Upalco Unit, Central Utah Project;Irrigation Water Contract Negotiation

AGENCY: Office of the AssistantSecretary—Water and Science,Department of the Interior.

ACTION: Notice of intent to negotiate acontract among the Central Utah WaterConservancy District (CUWCD), MoonLake Water Users Association, andDepartment of the Interior (DOI) fortransferring storage of irrigation waterfrom high mountain lakes in theWilderness Area in the Uinta Mountainsto storage facilities being planned forthe Upalco Unit of the Central UtahProject.

SUMMARY: Public Law 102–575, Section201(c) extended the authorization of theUpalco Unit of the Central Utah Projectfor 5 years from time of enactment. Thiscontract is intended to providereplacement storage for irrigation waterpresently held in the upper drainageareas of the Uinta Mountains in theproposed Crystal Ranch Reservoir that isbeing planned as part of the Upalco Unitof the Central Utah Project. Thereservoirs being vacated in theWilderness Areas will be stabilized atnear natural sizes and will be managedby the U. S. Forest Service forenvironmental utilization. A negotiatedcontract among CUWCD, Moon LakeWater Users Association, and DOI willestablish the operating criteria andassure that the water rights of the MoonLake Water Users Association aremaintained in quantity and priority.

DATES: Dates for public negotiationsessions will be announced in localnewspapers.

FOR FURTHER INFORMATION: Additionalinformation on matters related to thisFederal Register notice can be obtainedat the address and telephone number setforth below:

Mr. Michael Hansen, ProgramCoordinator, CUP Completion ActOffice, Department of the Interior, 302East 1860 South, Provo UT 84606–6154, Telephone: (801) 379–1194.

Dated: March 25, 1996.Ralph Swanson,Acting CUP Program Director, Departmentof the Interior.[FR Doc. 96–7850 Filed 3–28–96; 8:45 am]BILLING CODE 4310–RK–P

Bureau of Land Management

[OR–050–1110–00:G6–0104]

Closure of Public Lands; (PrinevilleDistrict) Oregon.

March 22, 1996.AGENCY: Bureau of Land Management,Interior.ACTION: Notice is hereby given that allroads and trails as legally describedbelow are closed to all motorizedvehicle use.

LEGAL DESCRIPTION: This closure orderapplies to all roads and trails located intownship 15 South, Range 11 East,Section 16, SE of the SW and SW of theSE; and Section 21 NE of the NW andNW of the NE, with the exception ofJordan Road. Jordan Road originateswhere it intersects Fryrear Road atTownship 15 South, Range 11 East,Section 16 NW of the SW.

All roads and trails as describedabove, except for Jordan Road, areclosed to all motorized vehicle use. Thepurpose of this closure is to protectwildlife resources. More specifically,this closure is ordered to reducenegative impacts to a nesting pair ofgolden eagles. Golden eagles areextremely sensitive to motorizeddisturbance within the sensitive habitatarea surrounding the nest site during thenest season. Current uses at the sitejeopardize the persistence and nestingsuccess of golden eagles at this location.Exemptions to this closure order applyto administrative personnel of theCentral Oregon Co-op for access alongand maintenance of the existingpowerline right-of-way (Serial #OR–012676). Other exemptions to thisclosure order may be made on a case-by-case basis by the authorized officer.This emergency order will be evaluatedin the Urban Interface Plan Amendmentto the 1989 Brothers/La Pine ResourceManagement Plan. The authority for thisclosure is 43 CFR 8364.1: Closure andrestriction orders.FOR FURTHER INFORMATION CONTACT:Sarah Nichols, Wildlife Biologist, BLMPrineville District, P.O. Box 550,Prineville Oregon 97754, telephone(541) 416–6725.SUPPLEMENTARY INFORMATION: Violationof this closure order is punishable by afine not to exceed $1,000 and/orimprisonment not to exceed 12 monthsas provided in 43 CFR 8360.0–7.

Dated: March 22, 1996.James G. Kenna,Deschutes Resource Area Manager, PrinevilleDistrict Office.[FR Doc. 96–7629 Filed 3–28–96; 8:45 am]BILLING CODE 4310–33–M


[WY–010–1220–00]

Emergency Seasonal Closure of PublicLand in the Bald Ridge Area, ParkCounty, WY

AGENCY: Bureau of Land Management,Interior.ACTION: Notice of Emergency SeasonalClosure of Public Land in the BaldRidge Area, Park County, Wyoming.

SUMMARY: Notice is hereby given thateffective March 18, 1996, the Bald Ridgearea located south of the Clarks Fork ofthe Yellowstone River and west andnorth of Hogan Reservoir of ParkCounty, Wyoming on public landadministered by the Bureau of LandManagement (BLM), Worland District,Cody Resource Area, was closed fromDecember 15 through April 30 to all use(such as hiking, horseback riding,mountain bike riding, crosscountryskiing, and all motorized use) exceptpermitted activities. This action is beingtaken for resource protection of essentialwintering habitat of elk and mule deer.No access into this area will be allowedunless permitted by the AuthorizedOfficer (BLM Cody Resource AreaManager).EFFECTIVE DATE: This emergencyseasonal closure was effective March 18,1996 and will remain in effect untilmodified or rescinded by theAuthorized Officer.FOR FURTHER INFORMATION CONTACT: BobDieli, Recreation Planner or DuaneWhitmer, Area Manager, Cody ResourceArea, P.O. Box 518, 1002 BlackburnAvenue, Cody, Wyoming 82414–0518.Telephone (307) 587–2216.SUPPLEMENTARY INFORMATION: The CodyResource Area is responsible for themanagement of essential wildlife habitatin the Bald Ridge area of the AbsarokaFront and other crucial habitat areaslocated throughout the Bighorn Basin.These essential habitat areas andmanagement thereof are covered underthe Cody Resource Management Plan(RMP), which was signed on November8, 1990. ‘‘Seasonal restrictions will beapplied as appropriate to surface-disturbing and disruptive activities andland uses on big game crucial habitat,including winter ranges and elk calvingareas.’’ (Cody RMP, p. 40)

The Bald Ridge area is crucialwintering habitat for big game.Increasing visitor activity, such ashorseback riding, hiking, and antlerhunters are causing unacceptableimpacts to the wintering elk and deerherds. These activities are causinganxiety during a period when theanimals are most susceptible to stress-related health affects that could cause

death. These activities also force theherds to be displaced from their winterhabitat. The Cody Resource Area willanalyze a proposal for facilitydevelopment at Hogan Reservoir as wellas travel management of the Bald Ridgearea to be investigated in the nearfuture. This emergency seasonal closureis needed to address an immediateconcern.

The following described BLM-administered lands south of the ClarksFork of the Yellowstone River and westof Hogan Reservoir are included in thisseasonal closure: T. 56 N., R. 103 W.,sections 7, 8, 15, 16, 17, 18, 19, 20, 21,22, 27, 28, 29, 30, 31, 32, and 33 fromthe west end of Hogan Reservoir. HoganReservoir remains open for fishing andnonmotorized travel within 100 yards ofthe reservoir’s high-water line.Authority for closure and restrictionorders is provided under 43 CFRsubpart 8341.2 (a and b), 8364.1,8372.0–7, 8372.1–2. Violations of thisclosure are punishable by a fine not toexceed $1,000 and (or) imprisonmentnot to exceed 12 months.

Dated: March 15, 1996.Duane Whitmer,Cody Resource Area Manager, WorlandDistrict.[FR Doc. 96–7712 Filed 3–28–96; 8:45 am]BILLING CODE 4310–22–P

[MT–060–05–1990–01]

Availability of the Final EnvironmentalImpact Statement for the Zortman andLandusky Mines Reclamation PlanModifications and Mine LifeExtensions, Phillips County, Montana

AGENCY: Bureau of Land Management,Department of the Interior.ACTION: Notice of availability of the finalenvironmental impact statement (EIS)for the Zortman and Landusky minesreclamation plan modifications andmine life extensions.

SUMMARY: Pursuant to section 102(2)(C)of the National Environmental PolicyAct of 1969 (42 U.S.C. 4321–4327), andthe Montana Environmental Policy Act,the Bureau of Land Management (BLM)and the Montana Department ofEnvironmental Quality (DEQ), as leadagencies, have prepared, through a thirdparty contractor, a Final EIS on theimpacts of the Zortman Mining, Inc.proposal to expand mining andprocessing of ore reserves at theZortman and Landusky mines. TheZortman and Landusky mines arelocated in southwestern Phillips Countyabout 50 miles south of Malta, Montana,near the southern boundary of the Fort

Belknap Indian Reservation. The FinalEIS presents a preferred alternative andsix other alternatives including thecompany proposed action. The FinalEIS discloses the possibleenvironmental consequences associatedwith each alternative.

A number of changes have been madeto the preferred alternative between theDraft EIS and Final EIS, largely inresponse to public comments. Majorchanges include: removal of thePeregrine Falcon reintroduction studyfor the pit highwalls, relocation of thelimestone quarries to avoid impacts tonorthern drainages, routing of all post-reclamation pit runoff to the south,updating of the water qualityimprovement plan, completion of aProgrammatic Agreement for mitigationof impacts to cultural resources, and theinclusion of an aquatic ecosystemmitigation plan.DATES: A record of decision will beprepared no earlier than 30 days afterthe Notice of Receipt of the Final EIS ispublished in the Federal Register.ADDRESSES: Copies of the Final EIS areavailable from the Bureau of LandManagement, Phillips Resource Area,HC 65 Box 5000, Malta, Montana, 59538or the State of Montana, Department ofEnvironmental Quality, P.O. Box200901, Helena, Montana 59620–0901.Public reading copies will be availablefor review at the following locations:Bureau of Land Management, Office ofExternal Affairs, Main Interior Building,Room 5600, 18th and C Streets NW,Washington, DC; Bureau of LandManagement, External Affairs Office,Montana State Office, 222 North 32ndStreet, Billings, Montana; Bureau ofLand Management, Phillips ResourceArea, 501 South 2nd Street East, Malta,Montana; and the State of Montana,Department of Environmental Quality,Helena, Montana.FOR FURTHER INFORMATION CONTACT:Jim Robinson, Team Leader, MontanaDepartment of Environmental Quality,Hard Rock Bureau, P.O. Box 200901,Helena, Montana, 59620–1601 (406–444–2544) or Scott Haight, TeamLeader, Bureau of Land Management,Lewistown District Office, P.O. Box1160, Lewistown, Montana 59457–1160(406–538–7461).SUPPLEMENTARY INFORMATION: On May11, 1992, Zortman Mining, Inc. (ZMI)filed an application with the Bureau ofLand Management, Lewistown DistrictOffice, and the Montana Department ofState Lands (part of the MontanaDepartment of Environmental Quality asof July 1, 1995), to expand miningoperations at the Zortman Mine in theLittle Rocky Mountains, Montana. The


proposal includes: expansion of existingmine pits to access sulfide ore; a 150-acre, 60-million ton waste rock disposalarea; crushing facilities; a 2.5-mileconveyor system; a 200-acre, 80-millionton capacity leach pad; a newprocessing plant and ponds; a limestonequarry; and other associated facilities.Total disturbance would increase fromthe existing 401 acres to about 1,292acres. The operation is located onprivate and public land. Issues includeNative American religious concerns,acid rock drainage, reclamation, andsocioeconomic.

In a March 9, 1994, Decision Record,the BLM and DEQ included the analysisof acid rock drainage correctivemeasures for the nearby Landusky Minewithin the scope of the EIS for ZortmanMine expansion, since acid rockdrainage has been a problem at bothmines. The Final EIS addressesadditional mining at the Landusky andZortman mines, as well as modifiedreclamation plans for both facilities toaddress acid rock drainage.

Public participation has occurredthroughout the EIS process. A Notice ofIntent was published in the FederalRegister in November 1992 followed bya supplemental notice in April 1994expanding the scope of the EIS for theLandusky Mine. Public meetings,informational mailings, and briefingswere conducted to solicit comments forthe scope of the EIS. About 400 copiesof the Draft EIS were distributed to thepublic and other federal and stateagencies. A Notice of Availability of theDraft EIS was published in the FederalRegister on August 14, 1995. This wasfollowed by a Notice of Receipt by theEnvironmental Protection Agencypublished in the Federal Register onAugust 18, 1995. The public commentperiod extended from August 18, 1995through November 1, 1995 (75 days).During the public comment period theBLM and DEQ held five open houses/public hearings to receive oral andwritten comments. These meetings werealso the forum for the U.S. Army Corpsof Engineers to collect public commentson the Zortman Mining, Inc. 404 permitapplication for the Zortman andLandusky Mine expansions. In additionto oral comments, about 368 letters werereceived on the Draft EIS. Allcomments, written and oral, werereviewed and considered in preparationof the Final EIS.

Dated: March 19, 1996.David L. Mari,District Manager.[FR Doc. 96–7713 Filed 3–28–96; 8:45 am]BILLING CODE 4310–DN–M

[WO–400–06–1310–00]

Green River Basin Advisory CommitteeMeeting, Colorado and Wyoming

AGENCY: Bureau of Land Management,Interior.ACTION: Notice of Meeting of the GreenRiver Basin Advisory Committee.

SUMMARY: This notice sets forth theschedule and agenda for a meeting ofthe Green River Basin AdvisoryCommittee (GRBAC).DATES: April 16, 1996, from 8:00 a.m.until 7 p.m. and April 17, 1996, from8:00 a.m. until 4 p.m.ADDRESSES: Sweetwater County EventsComplex, 3320 Yellowstone, RockSprings, WY 82902.FOR FURTHER INFORMATION CONTACT:Terri Trevino, GRBAC Coordinator,Wyoming Bureau of Land Management,P.O. Box 1828, Cheyenne, WY 82003,(307) 775–6020.SUPPLEMENTARY INFORMATION: The topicsfor the meeting will include:

1. Discussion, categorizing, andprioritizing of identified issues.

2. Dissemination of GRBACinformation requests.

3. Public commentThis meeting is open to the public.

Interested persons may make oralstatements to the Committee or filewritten statements for the committee’sconsideration. The Committee will hearpublic comments on Tuesday afternoon,April 16, 1996. Anyone wishing to makean oral statement should notify theGRBAC Coordinator, at the aboveaddress by April 9, 1996. The committeemay establish a time for oral statements.Alan R. Pierson,State Director.[FR Doc. 96–7748 Filed 3–28–96; 8:45 am]BILLING CODE 4310–22–M

[CA–010–1220–00]

Meeting of the Bakersfield ResourceAdvisory Council

AGENCY: Bureau of Land Management,Department of the Interior.ACTION: Meeting of the BakersfieldResource Advisory Council.

SUMMARY: Pursuant to the authorities inthe Federal Advisory Committee Act(Pub. L. 92–463) and the Federal landPolicy and Management Act of 1976(sec. 309), the Bureau of LandManagement Bakersfield DistrictResource Advisory Council will meet inBakersfield, with a field trip to theCarrizo Plain Natural Area.DATES: April 11–12–13–14, 1996.

ADDRESSES: Washburn Ranch, CarrizoPlain Natural Area, April 11–12;Ramada Inn, 3535 Rosedale Highway,Bakersfield, California, April 13; BLMBakersfield District Office, 3801 PegasusDrive, Bakersfield, April 14.SUPPLEMENTARY INFORMATION: TheBakersfield Resource Advisory Councilis a 12 member council appointed bythe Secretary of the Interior to givecounsel and advice regarding planningand management of public landresources to the District Manager of theBureau of Land Management BakersfieldDistrict Office, 3801 Pegasus Drive, andthen proceed by government vehicle tothe Carrizo Plain Natural Area in easternSan Luis Obispo County.

On the way, the Council will visit theoil fields of western kern county, and bebriefed on the Bureau’s oil and gasprogram. After a tour of the CarrizoPlain and a discussion of the nativeplants of the area, the council will havedinner and spend the night at theWashburn Ranch, the administrativeheadquarters for BLM at Carrizo Plain.Friday, April 12, at the WashburnRanch, the Council will receive trainingin rangeland management from BLMstaff. The training will consist of 4 hoursof classroom study, followed by a fielddiscussion of standards and guidelinesfor grazing on federal land.

The council will return to BakersfieldFriday evening,a nd will meet at theRamada Inn beginning at 8 a.m.Saturday, April 13. The Council willhear testimony about Caliente ResourceArea issues such as the impact ofthreatened and endangered speciesissues on land management decisions. Apublic comment period is scheduled for11 a.m. The Council will spendSaturday afternoon discussing its roleand responsibilities concerning grazingand land management issues. Ifnecessary, the Council will continue itsdiscussion beginning at 8 a.m. Sunday,April 14, at the BLM Bakersfield DistrictOffice.

The entire meeting of the council isopen to the public. Please makearrangements in advance by calling thenumber below if you wish to attend anypart of the meeting at the Carrizo Plain.Anyone wishing to address the Councilabout any public land issue may do soduring the public comment period at 11a.m. Saturday, April 13, 1996 or at anytime during the meeting at thediscretion of the Council Chairman.Written comments may be submitted atthe meeting, or to the address below.FOR FURTHER INFORMATION CONTACT:Larry Mercer, Public Affairs Officer,Bureau of Land Management,Bakersfield District, 3801 Pegasus Drive,


Bakersfield, CA 93308, telephone 805–391–6010.

Dated: March 21, 1996.Ron Fellows,District Manager.[FR Doc. 96–7714 Filed 3–28–96; 8:45 am]BILLING CODE 4310–40–M

[NV–030–96–1020–00–24–1 A]

Sierra Front/Northwest Great BasinResource Advisory Council; Meeting

AGENCY: Bureau of Land Management,Interior.ACTION: Notice of Meeting of the SierraFront/Northwest Great Basin ResourceAdvisory Council Meeting Location andTime.

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 meetings will be held asindicated below. The agenda for eachmeeting includes approval of minutes ofthe previous meeting, discussion anddevelopment of Guidelines formanagement of the public lands withinthe jurisdiction of the Council anddetermination of the subject matter forfuture meetings.

There will be a public scopingmeeting to comment on the proposal tomodify the affected ResourceManagement Plans. Public comment issought on the issues to be analyzed, thealternatives that may be considered, thestandards and guidelines to beaddressed, as well as the level ofanalysis which would be appropriateunder the National EnvironmentalPolicy Act (NEPA). Implementation ofStandards and Guidelines may requiresome form of planning modification,ranging from simple plan maintenanceto plan amendment. It is uncertain whatlevel of plan modification will beneeded, if any.

The public may also present writtencomments to the Council. The Councilmeeting, public comment period andscoping meeting are listed below.DATES: Sierra Front/Northwest GreatBasin Resource Advisory Council, BLMNevada State Office, 835 Harvard Way,Reno, NV 89520: April 22, beginning at8:00 a.m.; public comment will be at1:30 p.m. The scoping meeting will beheld at 7:00 p.m. The working meetingwill continue on April 23 beginning at8:00 a.m. At the discretion of theChairman, additional public commentsmay be made at the conclusion ofbusiness April 23rd .

FOR FURTHER INFORMATION CONTACT:Joan Sweetland, BLM Public AffairsOfficer, 1535 Hot Springs Road, CarsonCity, NV 89706–0638. (Phone: 702–885–6000.)

(Dated this 13th day of March, 1996.John O. Singlaub,District Manager, Carson City District.[FR Doc. 96–7631 Filed 3–28–96; 8:45 am]BILLING CODE 4310–HC–M

[AZ-020–06–5440–A136; AZA–29530]

Notice of Realty Action, Sale of PublicLand in Maricopa County, AZ

AGENCY: Bureau of Land Management,Interior.ACTION: Sale of public land in MaricopaCounty.

SUMMARY: The following describedpublic land has been examined andthrough the land use planning processhave been determined to be suitable fordisposal by direct sale pursuant toSection 203 of the Federal Land Policyand Management Act of 1976 at no lessthan the appraised fair market value.The land will not be offered for saleuntil at least 60 days after the date ofpublication of this notice in the FederalRegister.

Gila and Salt River MeridianT. 3 S., R. 4 W.,

Sec. 2, S1⁄2NW1⁄4,SW1⁄4.The area described contains 240 acres in

Maricopa County.

The patent, when issued, will besubject to the following terms,conditions and reservations:

1. A right-of-way for ditches andcanals constructed by the authority ofthe United States.

2. Those rights for transmission linepurposes granted to U.S. WestCommunications by Right-of-WayNumbers AZA–011068 and AZAR–0032095.

3. Those rights for the use ofhighways purposes granted to ArizonaState Highways Department by Right-of-Way Number AZA–0005251.

4. Those rights the grazing permittee,John F. and Cecilia Siebert, may have tocontinue his current grazing use for twoyears from receipt of a cancellationnotice. (Grazing Record No.022346).DATES: Upon publication of this Noticein the Federal Register, the landdescribed above will be segregated fromappropriation under the public landlaws, including the mining laws, exceptthe sale provisions of the Federal LandPolicy and Management Act. Thesegregative effect will end uponissuance of patent or 270 days from the

date of publication, whichever occursfirst.ADDRESS: Phoenix District Office, 2015West Deer Valley Road, Phoenix,Arizona 85027.FOR FURTHER INFORMATION CONTACT: BobHale, Realty Specialist, at the addressshown above or (602) 780–8090.SUPPLEMENTARY INFORMATION: The landis being offered by direct sale to State ofArizona; Arizona Department ofAdministration, Phoenix, Arizona.Failure or refusal of the State of Arizonato submit the required amount, willresult in cancellation of the sale.

A mineral value determination will bemade and if there are known mineralvalues the mineral interest will beconveyed simultaneously under Section209 of the Federal Land Policy andManagement Act. A separatenonrefundable filing fee of $50 isrequired from the purchasers forconveyance of the mineral interests.

For a period of 45 days from the dateof publication of this notice in theFederal Register, interested parties maysubmit comments to the DistrictManager, who may vacate or modify thisrealty action to accommodate theprotest. If the protest is notaccommodated, the comments aresubject to review of the State Directorwho may sustain, vacate,or modify thisrealty action. This realty action willbecome the final determination of theDepartment of the Interior.

Dated: March 22, 1996.David J. Miller,Associate District Manager.[FR Doc. 96–7665 Filed 3–28–96; 8:45 am]BILLING CODE 4310–32–P

[CO–930–1430–01; COC 58796]

Notice of Realty Action; Non-Competitive Sale of Lands; Colorado

AGENCY: Department of the Interior,Bureau of Land Management.

Amendment

In notice document 96–6813appearing on pages 11864–11865 in theissue of Friday, March 22, 1996, thelegal description is amended to read:

New Mexico Principal Meridian, Colorado,T. 32 N., R. 1 E.

Sec. 2, lot 7.Dated: March 22, 1996.

Jenny L. Saunders,Realty Officer, Division of Resource Services,Colorado State Office.[FR Doc. 96–7611 Filed 3–28–96; 8:45 am]BILLING CODE 4310–JB–M


1 ‘‘Legal high bids’’ mens those high bids whichcomply with MMS regulations and the Notice ofSale.

2 Anomalous bids are not included in the bidnumber in Phase 2. Anomalous bids include all butthe highest bid submitted for a tract by the samecompany, bidding alone or jointly, and the lowestbid on a tract when it is less than one-eight of thenext lowest bid. The ‘‘one-eighth rule’’ can excludeno more than one bid for a given tract.

Minerals Management Service

Modification to the Bid AdequacyProcedures

AGENCY: Minerals Management Service,Interior.ACTION: Notification of proceduralchanges.

SUMMARY: The Minerals ManagementService (MMS) has modified its existingbid adequacy procedures for ensuringreceipt of fair market value on OuterContinental Shelf (OCS) oil and gasleases. This procedure eliminates inPhase 1 the number of bids rule, whicheffectively allowed for immediateacceptance of high bids on confirmed orwildcat tracts receiving three or morebids.DATES: This modification is effectiveMarch 29, 1996.FOR FURTHER INFORMATION CONTACT: Dr.Marshall Rose, Chief, EconomicEvaluation Branch; MineralsManagement Service; Mail Stop 4220,381 Elden Street, Herndon, Virginia22070–4817; telephone: (703) 787–1536.SUPPLEMENTARY INFORMATION: Previouschanges in the February 1983 bidadequacy procedures were made inFebruary, March, and July 1984, May1985, and May 24, 1991 (56 FR 23978).The following complete set of bidadequacy procedures incorporates thoseearlier changes and this most recentchange.

The MMS uses a two-phase process todetermine bid adequacy. In Phase 1, weclassify tracts into two groups: drainageand development or wildcat andconfirmed. The MMS also identifiesnonprospective tracts, i.e., those tractsjudged not to be located on a viableprospect. All legal high bids 1 on suchnonprospective tracts are accepted. TheMMS passes the high bids on all othertracts directly to Phase 2 for furtherevaluation. Phase 1 is conducted tract-by-tract and is generally completedwithin 2 weeks of the bid opening.

Phase 2 applies criteria designed tofurther determine bid adequacy on atract-specific basis. Prospective wildcatand confirmed tracts that are notaccepted in Phase 1 may receive furthermapping and/or analysis in Phase 2.Subsequently, MMS reviews theviability determinations of these tracts.Those wildcat and confirmed tracts laterdetermined to be nonviable can beeliminated from the set of tractsundergoing a full-scale MONTCARevaluation and the high bids on them

accepted. The remaining tracts,including all drainage and developmenttracts, receive further evaluation bycomparing the high bids with the MeanRange of Values (MROV) and theAdjusted Delay Value (ADV). Inaddition, if in the judgment of theRegional Director a tract is or may besubject to drainage, the relevant costsdue to delays associated with bidrejection are considered in computingthe ADV.

All drainage and development tractswhich received three or more adjustedbids 2 and prospective wildcat andconfirmed tracts which received two ormore adjusted bids will be comparedwith the Geometric Average Evaluationof Tract (GAEOT). For drainage anddevelopment tracts, the GAEOT will notbe used when the high bid is equal toor less than one-sixth of the MROV.

The MMS conducts most evaluationsbased upon data and analysis availableat the time of the sale. However, we maygather additional data and performfurther analyses after the sale at thediscretion of the Regional Director toensure a fair return to the Government.

The MMS normally completes the bidadequacy recommendations foracceptance/rejection developed in Phase2 sequentially over a period rangingbetween 14 and 90 days after the sale.Upon acceptance, the high bidders mustpay the balance of the bonus bid (80percent) along with the first year’sannual rental within 15 days. The MMSreturns the deposits, with interest, on allrejected high bids.

Dated: March 22, 1996.Thomas Gernhofer,Associate Director for Offshore MineralsManagement.[FR Doc. 96–7645 Filed 3–28–96; 8:45 am]BILLING CODE 4310–MR–M

National Park Service

Jean Lafitte National Historical Parkand Preserve; Meeting

ACTION: Public meeting for DraftBarataria Boundary Study and theavailability for public review of thestudy.

SUMMARY: Notice is hereby given thatthe Draft Barataria Boundary Study hasbeen completed by the National ParkService and will be available for public

review from April 1, 1996 through May1, 1996. Copies of the draft study can beobtained from the National Park Serviceat the following address: National ParkService, Denver Service Center, Attn.Ann Van Huizen, 12795 West AlamedaParkway, Denver, Colorado 80227–0287.Telephone: (303) 969–2451. All writtencomments on the draft study should beaddressed to the National Park Service,attention Ann Van Huizen, at the aboveaddress and must be postmarked nolater than May 1, 1996. Additionalnotice is hereby given that three publicmeetings will be held in Louisiana, onthe dates and at the locations and timesprovided in this Notice, to receivepublic comment on the draft study. Thedraft study will also be available forpublic review at the Preserveheadquarters between the hours of 8:30a.m. to 4:30 p.m. Central Standard time.

DATES:

April 9, 1996, From 6 p.m. to 9 p.m. atthe University Center, Room 211B,University of New Orleans, NewOrleans, Louisiana

April 10, 1996, From 2 p.m. to 5 p.m.,West Bank Regional Library, 2751Manhattan Blvd., Harvey, Louisiana

April 10, 1996, From 6:30 p.m. to 9:30p.m., Environmental EducationCenter, Barataria Preserve Unit, JeanLafitte National Historical Park, andPreserve, Highway 45, Marrero,Louisiana.

FOR FURTHER INFORMATION CONTACT:Mr. Roberts Belous, Superintendent,Jean Lafitte National Historical Park andPreserve, 365 Canal Street, Suite 3080,New Orleans, Louisiana 70130–1142,(504 589–3882, extension 128).

SUPPLEMENTARY INFORMATION: Theboundary for the Barataria Preserve Unitof Jean Lafitte National Historical Parkand Preserve was established throughcongressional legislative action in 1978.During the intervening years there havebeen significant changes in land usesalong this area not currently part of thepark that could merit inclusion. Theanalysis in the Draft Barataria BoundaryStudy will provide objectiveinformation for consideration in anyfuture action by the Department ofInterior or the U.S. Congress to revisethe park’s original legislative boundary.

Dated: March 21, 1996.Frank Catroppa,Superintendent, Gulf Coast System SupportOffice.[FR Doc. 96–7676 Filed 3–28–96; 8:45 am]BILLING CODE 4310–70–M


DEPARTMENT OF LABOR

Employment Standards AdministrationWage and Hour Division

Minimum Wages for Federal andFederally Assisted Construction;General Wage Determination Decisions

General wage determination decisionsof the Secretary of Labor are issued inaccordance with applicable law and arebased on the information obtained bythe Department of Labor from its studyof local wage conditions and data madeavailable from other sources. Theyspecify the basic hourly wage rates andfringe benefits which are determined tobe prevailing for the described classes oflaborers and mechanics employed onconstruction projects of a similarcharacter and in the localities specifiedtherein.

The determinations in these decisionsof prevailing rates and fringe benefitshave been made in accordance with 29CFR Part 1, by authority of the Secretaryof Labor pursuant to the provisions ofthe Davis–Bacon Act of March 3, 1931,as amended (46 Stat. 1494, as amended,40 U.S.C. 276a) and of other Federalstatutes referred to in 29 CFR Part 1,Appendix, as well as such additionalstatutes as may from time to time beenacted containing provisions for thepayment of wages determined to beprevailing by the Secretary of Labor inaccordance with the Davis-Bacon Act.The prevailing rates and fringe benefitsdetermined in these decisions shall, inaccordance with the provisions of theforegoing statutes, constitute theminimum wages payable on Federal andfederally assisted construction projectsto laborers and mechanics of thespecified classes engaged on contractwork of the character and in thelocalities described therein.

Good cause is hereby found for notutilizing notice and public commentprocedure thereon prior to the issuanceof these determinations as prescribed in5 U.S.C. 553 and not providing fro delayin the effective date as prescribed in thatsection, because the necessity to issuecurrent construction industry wagedeterminations frequently and in largevolume causes procedures to beimpractical and contrary to the publicinterest.

General wage determinationdecisions, and modifications andsupersedeas decisions thereto, containno expiration dates and are effectivefrom their date of notice in the FederalRegister or on the date written notice isreceived by the agency, whichever isearlier. These decisions are to be usedin accordance with the provisions of 29

CFR parts 1 and 5. Accordingly, theapplicable decision, together with anymodifications issued, must be made apart of every contract for performance ofthe described work within thegeographic area indicated as required byan applicable Federal prevailing wagelaw and 29 CFR Part 5. The wage ratesand fringe benefits, notice of which ispublished herein, and which arecontained in the Government PrintingOffice (GPO) document entitled‘‘General Wage Determinations IssuedUnder The Davis-Bacon And RelatedActs,’’ shall be the minimum paid bycontractors and subcontractors tolaborers and mechanics.

Any person, organization, orgovernmental agency having an interestin the rates determined as prevailing isencouraged to submit wage rate andfringe benefit information forconsideration by the Department.Further information and self-explanatory forms for the purpose ofsubmitting this data may be obtained bywriting to the U.S. Department of Labor,Employment Standards Administration,Wage and Hour Division, Division ofWage Determinations, 200 ConstitutionAvenue NW., Room S–3014,Washington, DC 20210.

New General Wage DeterminationDecisions

The number of the decisions added tothe Government Printing Officedocument entitled ‘‘General WageDeterminatin Issued Under the Davis-Bacon and related Acts’’ are listed byVolume and State:

Volume IIIFlorida

FL960077 (Mar. 29, 1996)

Modifications to General WageDetermination Decisions

The number of decisions listed in theGovernment Printing Office documententitled ‘‘General Wage DeterminationsIssued Under the Davis—Bacon andRelated Acts’’ being modified are listedby Volume and State. Dates ofpublication in the Federal Register arein parentheses followign the decisionsbeing modified.

Volume IMassachusetts

MA960001 (Mar. 15, 1996)MA960002 (Mar. 15, 1996)MA960003 (Mar. 15, 1996)MA960004 (Mar. 15, 1996)MA960005 (Mar. 15, 1996)MA960006 (Mar. 15, 1996)MA960007 (Mar. 15, 1996)MA960008 (Mar. 15, 1996)MA960009 (Mar. 15, 1996)MA960012 (Mar. 15, 1996)MA960013 (Mar. 15, 1996)

MA960017 (Mar. 15, 1996)MA960018 (Mar. 15, 1996)MA960019 (Mar. 15, 1996)MA960020 (Mar. 15, 1996)MA960021 (Mar. 15, 1996)

New YorkNY960004 (Mar. 15, 1996)NY960005 (Mar. 15, 1996)NY960008 (Mar. 15, 1996)NY960011 (Mar. 15, 1996)NY960018 (Mar. 15, 1996)NY960022 (Mar. 15, 1996)NY960026 (Mar. 15, 1996)NY960040 (Mar. 15, 1996)NY960048 (Mar. 15, 1996)NY960072 (Mar. 15, 1996)NY960075 (Mar. 15, 1996)NY960077 (Mar. 15, 1996)

Rhode IslandRI960001 (Mar. 15, 1996)RI960002 (Mar. 15, 1996)

Volume IINone

Volume IIINone

Volume IV

OhioOH960001 (Mar. 15, 1996)OH960002 (Mar. 15, 1996)OH960003 (Mar. 15, 1996)OH960027 (Mar. 15, 1996)OH960029 (Mar. 15, 1996)

Volume V

TexasTX 960051 (Mar. 15, 1996)

Volume VI

AlaskaAK960001 (Mar. 15, 1996)AK960002 (Mar. 15, 1996)AK960010 (Mar. 15, 1996)

IdahoID960001 (Mar. 15, 1996)

OregonOR960001 (Mar. 15, 1996)OR960017 (Mar. 15, 1996)

WashingtonWA960001 (Mar. 15, 1996)WA960002 (Mar. 15, 1996)WA960003 (Mar. 15, 1996)WA960005 (Mar. 15, 1996)WA960007 (Mar. 15, 1996)WA960011 (Mar. 15, 1996)WA960013 (Mar. 15, 1996)

General Wage DeterminationPublication

General wage determinations issuedunder the Davis-Bacon and related Acts,including those noted above, may befound in the Government Printing Office(GPO) document entitled ‘‘General WageDeterminations Issued Under The Davis-Bacon and Related Acts’’. Thispublication is available at each of the 50Regional Government DepositoryLibraries and many of the 1,400Government Depository Libraries acrossthe county.

The general wage determinationsissued under the Davis-Bacon and


related Acts are available electronicallyby subscription to the FedWorldBulletin Board System of the NationalTechnical Information Service (NTIS) ofthe U.S. Department of Commerce at(703) 487–4630.

Hard-copy subscriptions may bepurchased from: Superintendent ofDocuments, U.S. Government PrintingOffice, Washington, DC 20402, (202)512–1800.

When ordering hard-copysubscription(s), be sure to specify theState(s) of interest, since subscriptionsmay be ordered for any or all of the sixseparate volumes, arranged by State.Subscriptions include an annual edition(issued in January or February) whichincludes all current general wagedeterminations for the States covered byeach volume. Throughout the remainderof the year, regular weekly updates aredistributed to subscribers.

Signed at Washington, DC this 22nd day ofMarch 1996.Philip J. Gloss,Chief, Branch of Construction WageDeterminations.[FR Doc. 96–7374 Filed 3–29–96; 8:45 am]BILLING CODE 4510–27–M

NUCLEAR REGULATORYCOMMISSION

Atomic Safety and Licensing Board

[No. 50–160–Ren; ASLBP No. 95–704–01–Ren]

Georgia Institute of Technology,Atlanta, Georgia; Georgia TechResearch Reactor; Renewal of FacilityLicense R–97

March 25, 1996.

Notice of Prehearing Conference

Notice is hereby given that aprehearing conference will be held inthis proceeding on Wednesday, April24, 1996, beginning at 2:00 p.m., at theUnited States Court of Appeals,Courtroom 338, 56 Forsyth Street,Atlanta, Georgia 30303.

As outlined in the Atomic Safety andLicensing Board’s Memorandum andOrder dated March 21, 1996, theconference will concern matters bearingupon the preparation for the hearingcommencing on May 20, 1996, as setforth in 10 CFR 2.752(a), including afinal list of witnesses and the order andscheduling of those witnesses, theobtaining of stipulations and admissionsof fact and of the contents andauthenticity of documents to avoidunnecessary proof, the numbers ofcopies of documents to be distributed to

the Board, parties and the reporter, themarking of those documents, and suchother matters as may aid in the orderlydisposition of the proceeding.

Members of the public are invited toattend the conference but may nototherwise participate in the proceeding.

Dated: March 25, 1996.For the Atomic Safety and Licensing

Board.Charles Bechhoefer,Chairman, Administrative Judge.[FR Doc. 96–7675 Filed 3–28–96; 8:45 am]BILLING CODE 7590–01–P

PENSION BENEFIT GUARANTYCORPORATION

Customer Satisfaction Surveys andFocus Groups

AGENCY: Pension Benefit GuarantyCorporation.ACTION: Notice of submission for OMBreview; comment request.

SUMMARY: The Pension Benefit GuarantyCorporation has requested that theOffice of Management and Budgetapprove a series of new collections ofinformation under the PaperworkReduction Act. The purpose of theinformation collections, which will beconducted through focus groups andsurveys over a three-year period, is tohelp the PBGC assess the efficiency andeffectiveness with which it serves itscustomers and to design actions toaddress identified problems.DATES: All comments must be submittedto OMB by April 29, 1996.ADDRESSES: All written commentsshould be addressed to: Office ofInformation and Regulatory Affairs ofOMB, Attention: Desk Officer for thePension Benefit Guaranty Corporation,725 17th Street NW., Room 10235,Washington, DC 20503. The request forapproval will be available for publicinspection at the PBGCCommunications and Public AffairsDepartment, suite 240, 1200 K StreetNW., Washington, DC 20005, betweenthe hours of 9 a.m. and 4 p.m.FOR FURTHER INFORMATION CONTACT:Marc L. Jordan, Attorney, Office of theGeneral Counsel, Suite 340, 1200 KStreet NW., Washington, DC 20005,202–326–4026 (202–326–4179 for TTYand TDD). (These are not toll-freenumbers.)SUPPLEMENTARY INFORMATION: ThePaperwork Reduction Act of 1995 (44U.S.C. Chapter 35) establishes policiesand procedures for controlling thepaperwork burdens imposed by Federalagencies on the public. The Act vests

the Office of Management and Budget(OMB) with regulatory responsibilityover these burdens, and OMB haspromulgated rules on the clearance ofcollections of information by Federalagencies.

Executive Order 12862, SettingCustomer Service Standards, states that,in order to carry out the principles ofthe National Performance Review, theFederal Government must be customer-driven. It directs all executivedepartments and agencies that providesignificant services directly to thepublic to provide those services in amanner that seeks to meet the customerservice standards established in theExecutive Order.

The PBGC intends to establish amechanism through which it will beable to explore issues of mutual concern(e.g., kind and quality of desiredservices) with its major outside clientgroups, i.e., participants andbeneficiaries, plan sponsors and theiraffiliates, plan administrators, pensionpractitioners and others involved in theestablishment, operation andtermination of plans covered by thePBGC’s insurance program.

The areas of concern to the PBGC andits client groups will change over time,and it is important that the PBGC havethe ability to evaluate customerconcerns quickly. Accordingly, thePBGC is requesting that OMB grant‘‘generic’’ approval, for a three-yearperiod, of focus groups and surveys ofthe PBGC’s outside client groups.Participation in the focus groups andsurveys will be voluntary. The PBGCwill consult with OMB regarding eachspecific information collection duringthe approval period.

On December 29, 1995, the PBGCpublished in the Federal Register anotice of intention to request OMBapproval of these collections. Nocomments were received in response tothe notice.

This voluntary collection ofinformation will put a slight burden ona very small percentage of the public.The PBGC expects to conduct focusgroups involving a total ofapproximately 225 persons each year,with a total annual burden ofapproximately 675 hours, includingtravel time. (Some portion of this timemay be spent completing surveys atfocus group meetings.) In addition, thePBGC expects to distribute writtensurveys to approximately 1,600 personseach year (in most cases as an adjunctto a focus group), with a total annualburden of approximately 200 hours.


1 15 U.S.C. § 78s(b)(1) (1988 & Supp. V 1993).2 17 CFR 240.19b–4 (1994).3 The Amex, CBOE, and Phlx rule filings were

submitted on September 9, 1995, November 9, 1995,and October 27, 1995, respectively. On November1, 1995, November 20, 1995, and November 22,1995, Amex, CBOE, and Phlx, respectively, eachsubmitted Amendment No. 1 (‘‘Amendment No. 1’’)to their proposals to address issues relating tosettlement value for warrants. See Letters fromWilliam Floyd-Jones, Amex, to Michael Walinskas,SEC, dated October 30, 1995 (‘‘Amex AmendmentNo. 1’’), Timothy Thompson, CBOE, to Stephen M.Youhn, SEC, dated November 15, 1995 (‘‘CBOEAmendment No. 1’’), and Shelle Weisbaum, Phlx,to Michael Walinskas, SEC, dated November 22,1995 (‘‘Phlx Amendment No. 1’’). Amex and PhlxAmendment No. 1 also address issues relating toindex maintenance standards.

4 See Securities Exchange Act Release Nos. 36448(Nov. 1, 1995), 60 FR 56180 (Nov. 7, 1995) (Amex);36525 (Nov. 29, 1995), 60 FR 62512 (Dec. 6, 1995)(CBOE); and 36524 (Nov. 29, 1995), 60 FR 62521(Dec. 6, 1995) (Phlx).

5 See Letters from William Floyd-Jones, Amex, toStephen M. Youhn, SEC, dated January 19, 1996,January 29, 1996, and January 30, 1996,respectively.

6 See Letters from Timothy Thompson, CBOE, toStephen M. Youhn, SEC, dated December 21, 1995,February 1, 1996, and February 27, 1996,respectively.

7 See Letter from Shelle Weisbaum, Phlx, toMichael Walinskas, SEC, dated January 30, 1996.

8 On August 29, 1995, the Commission approveduniform listing and trading guidelines for stockindex, currency and currency index warrants for theNew York Stock Exchange (‘‘NYSE’’), Pacific StockExchange (‘‘PSE’’), Phlx, Amex, and CBOE. SeeSecuriies Exchange Act Release Nos. 36165, 36166,36167, 36168, and 36169 (Aug. 29, 1995),respectively. The PSE, to date, has not submitted anarrow-based index warrant filing and the NYSE isnot being approved in this order.

Issued at Washington, D.C., this 26th dayof March 1996.Martin Slate,Executive Director, Pension Benefit GuarantyCorporation.[FR Doc. 96–7673 Filed 3–28–96; 8:45 am]BILLING CODE 7708–01–P

SECURITIES AND EXCHANGECOMMISSION

Sunshine Act Agency Meeting

Notice is hereby given, pursuant tothe provisions of the Government in theSunshine Act, Pub. L. 94–409, that theSecurities and Exchange Commissionwill hold the following meeting duringthe week of April 1, 1996.

Commissioners, Counsel to theCommissioners, the Secretary to theCommission, and recording secretarieswill attend the closed meeting. Certainstaff members who have an interest inthe matters may also be present.

The General Counsel of theCommission, or his designee, hascertified that, in his opinion, one ormore of the exemptions set forth in 5U.S.C. 552b(c) (4), (8), (9)(A) and (10)and 17 CFR 200.402(a) (4), (8), (9)(i) and(10), permit consideration of thescheduled matters at the closed meeting.

Commissioner Johnson, as dutyofficer, voted to consider the itemslisted for the closed meeting in a closedsession.

The subject matter of the closedmeeting scheduled for Wednesday,April 3, 1996, at 10:00 a.m., will be:

Institution and settlement of administrativeproceedings of an enforcement nature.

Institution of injunctive actions.Formal orders of investigation.Opinions.

At times, changes in Commissionpriorities require alterations in thescheduling of meeting items. For furtherinformation and to ascertain what, ifany, matters have been added, deletedor postponed, please contact: The Officeof the Secretary at (202) 942–7070.

Dated: March 27, 1996.Jonathan G. Katz,Secretary.[FR Doc. 96–7910 Filed 3–27–96; 3:54 pm]BILLING CODE 8010–01–M

[Release No. 34–37007; File No. SR–Amex–95–39, SR–CBOE–95–67, and SR–Phlx–95–76]

Self-Regulatory Organizations; OrderApproving Proposed Rule Changesand Notice of Filing and OrderGranting Accelerated Approval ofAmendments Thereto by the AmericanStock Exchange, Inc., Chicago BoardOptions Exchange, Inc., andPhiladelphia Stock Exchange, Inc.,Relating to the Establishment ofUniform Listing and TradingGuidelines for Narrow-Based StockIndex Warrants

March 21, 1996.Pursuant to Section 19(b)(1) of the

Securities Exchange Act of 1934(‘‘Act’’),1 and Rule 19b–4 thereunder,2the American Stock Exchange, Inc.(‘‘Amex’’), Chicago Board OptionsExchange, Inc. (‘‘CBOE’’), andPhiladelphia Stock Exchange, Inc.(‘‘Phlx’’) (collectively ‘‘Exchanges’’)submitted to the Securities andExchange Commission (‘‘Commission’’or ‘‘SEC’’) proposed rule changes(‘‘proposals’’) to establish uniformlisting and trading guidelines fornarrow-based stock index warrants.3

Notice of the proposals, andAmendment No. 1 thereto, werepublished for comment and appeared inthe Federal Register.4 No commentletters were received.

The Amex subsequently submittedAmendments No. 2, 3, and 4 to theproposal on January 22, 1996 (‘‘AmexAmendment No. 2’’), January 30, 1996(‘‘Amex Amendment No. 3’’), andJanuary 31, 1996 (‘‘Amex AmendmentNo. 4’’).5 The CBOE subsequentlysubmitted Amendments No. 2, 3, and 4to the proposal on December 27, 1995

(‘‘CBOE Amendment No. 2’’), February2, 1996 (‘‘CBOE Amendment No. 3’’),and February 27, 1996 (‘‘CBOEAmendment No. 4’’).6 The Phlxsubsequently submitted AmendmentNo. 2 (‘‘Phlx Amendment No. 2’’)(collectively with all of the Exchange’sAmendments that have not been noticedto date ‘‘Amendments’’) to the proposalon January 31, 1996.7

CBOE Amendment No. 2 addressesindex maintenance standards. AmexAmendment No. 2 was superseded byAmex Amendment No. 3. Amex andCBOE Amendments No. 3 and PhlxAmendment No. 2 address positionlimit related issues. Amex AmendmentNo. 4 reduces the originally proposedposition limit applicable to certainnarrow-based index warrants and CBOEAmendment No. 4 clarifies an examplecontained in CBOE Amendment No. 3with respect to position limitaggregation. This order approves theproposals, as amended, and solicitscomments on the Amendments.

I. Description of the ProposalOn August 29, 1995, the Commission

approved rule changes for theExchanges which established uniformlisting and trading guidelines for broad-based stock index, currency, andcurrency index warrants (‘‘broad-basedregulatory framework’’).8 Thosestandards govern all aspects of thelisting and trading of index warrants,including issuer eligibility, customersuitability and account approvalprocedures, position and exercise limits,reportable positions, automatic exercise,settlement, margin, and trading haltsand suspensions.

The purpose of this proposal is toallow for the listing and trading ofwarrants on narrow-based stock indexgroups. With the exceptions of separatehigher margin requirements andreduced position limits, the broad-basedregulatory framework will fully apply tothe listing, trading, and surveillance ofnarrow-based index warrants. Thisincludes a heightened suitabilitystandard for recommendations in indexwarrants as well as requiring all


9 Currently, depending on the characteristics ofthe index, position limits for narrow-based indexoptions are either 12,000, 9,000, or 6,000 contractson the same side of the market.

10 For example, assume a firm issues warrants ona narrow-based index in July 1996 (‘‘Issuance 1’’)and, at the time, the applicable position limit forthat issuance is 9 million warrants. The followingyear, in July 1997, the same firm completes a newissuance of warrants on the same index (‘‘Issuance2’’). At the time of the second issuance, however,the composition of the index has changed such thatit now qualifies for a position limit of 6.75 millionwarrants. An investor would still be permitted tohold 9 million warrants of Issuance 1. Anyaggregate position including warrants from Issuance1 and 2 would be subject to an overall 9 millionwarrant position limit, with no more than 6.75million of those warrants coming from Issuance 2.Under no circumstances could an investor holdmore than 6.75 million warrants from Issuance 2.

11 See, e.g., Amex Rule 462(d)(2)(F) and (G).

12 See Securities Exchange Act Release No. 34157(June 3, 1994).

13 The generic narrow-based index optionstandard requires ten stocks initially and ninestocks thereafter.

14 The generic index option standard requires theuse of opening (‘‘a.m.’’) price settlement.

15 15 U.S.C. § 78f(b)(5) (1988).

purchasers of index warrants to beoptions approved. The proposedchanges from the broad-based regulatoryframework are outlined as follows:

(a) Position Limits. The Exchangesnote that position limits for broad-basedindex warrants were set at levelsapproximately equal to 75 percent thethen applicable corresponding limitsapplicable to options on the same index.In turn, the Exchanges propose toestablish narrow-based index warrantposition limits at a level equal to 75percent of those recently approved fornarrow-based index options.9 As aresult, narrow-based position limitswould be governed by three tiers, usingthe same qualifications criteria as usedfor narrow-based index option positionlimits:

(i) 4,500,000 warrants where one stock inthe group accounts, on average, for 30% ormore of the numerical index value during the30-day period immediately preceding thereview.

(ii) 6,750,000 warrants where either asingle stock in the group accounts for 20percent or more of the group’s numericalindex value, or any five stocks in the grouptogether account for 50 percent or more of thegroup’s numerical index value, during theimmediately preceding 30 days.

(iii) 9,000,000 warrants if the underlyinggroup does not fall within the criteria setforth in either of the other two tiers.

The Exchanges propose to make thedeterminations described above when aparticular issuance first commencestrading the twice a year thereafter. AnExchange may establish uniform dateson which to make those semi-annualdeterminations in order to make themfor all of its Exchange-listed narrow-based index warrants at the same time.After an issuance of warrantscommences trading, an Exchange wouldbegin to make the subsequent semi-annual determinations on the first of theuniform dates thereafter.

If the subsequent semi-annualdeterminations indicate that an indexqualifies for a larger position limit, anExchange may increase the limit to thenew number immediately. Once aposition limit is established for aparticular warrant issuance, however, itwill not be reduced. As a result,position limits for issuances of warrantsoverlying the same index may bedifferent. In the event there is more thanone issuance overlying an index, theExchanges have proposed that there bean additional position limit applicableto all those warrant issuances on thesame narrow-based index in the

aggregate (‘‘overall position limit’’). Thisoverall position limit for warrants on anarrow-based index shall be equal to thelargest individual position limit thenapplicable to any warrant issuance ofthat same narrow-based index.10

(b) Margin Requirements. Margin willbe similar to that required for narrow-based index options. Accordingly, allpurchases of narrow-based indexwarrants must be paid in full.Additionally, the minimum marginrequired for each narrow-based indexwarrant carried short in a customer’saccount would be 100% of the currentmarket value of each warrant plus 20%of the current index group value.Narrow-based index warrants wouldalso be subject to the same spreadmargin treatment recently approved forbroad-based index warrants.11

Listing Warrants on Approved Indexes

The proposed narrow-based indexwarrant regulatory framework wouldalso allow the Exchanges to list awarrant on a narrow-based stock indexwithout prior Commission approval ifthe Commission has already approvedthe underlying stock index for warrantor options trading. Furthermore, theExchanges propose to incorporatecertain generic initial listing andmaintenance criteria which, whensatisfied, provide for the expeditedapproval of warrants based on narrow-based indexes. The expedited approvalprocess is nearly identical to thatapproved for narrow-based indexoptions 12 except as provided below:

(i) the index must contain a minimum ofnine stocks at all times; 13 and

(ii) allow for the use of closing (‘‘p.m.’’)prices in determining the value of an indexwarrant except that, where 25 percent ormore of the value of an index underlying awarrant consists of stocks that tradeprimarily in the United States, opening price(‘‘a.m. settlement’’) must be used at (1) the

warrant’s expiration, and (2) on any date inwhich the warrant’s settlement value will bebased on prices on either of the two businessdays preceding expiration.14

II. Findings and ConclusionsThe Commission finds that the

proposed rule changes are consistentwith the requirements of the Act and therules and regulations thereunderapplicable to a national securitiesexchange, and, in particular, therequirements of Section 6(b)(5).15

Specifically, the Commission finds thatthe Exchanges’ proposals to establishuniform listing and trading standardsfor narrow-based stock index warrantsstrike a reasonable balance between theCommission’s mandates under Section6(b)(5) to remove impediments to andperfect the mechanism of a free andopen market and a national marketsystem, while protecting investors andthe public interest. In addition, theproposed listing standards for warrantsfor warrants are consistent with theSection 6(b)(5) requirements that rulesof an exchange be designed to preventfraudulent and manipulative acts, topromote just and equitable principles oftrade, and are not designed to permitunfair discrimination among issuers.

The Exchanges’ proposed genericlisting standards for narrow-based stockindex warrants set forth a regulatoryframework for the listing of suchproducts. Generally, listing standardsserve as a means for an exchange toscreen issuers and to provide listedstatus only to bona fide issuances thatwill have sufficient public float,investor based, and trading interest toensure that the market has the depthand liquidity necessary to maintain fairand orderly markets. Adequatestandards are especially important forwarrant issuances given the leveragedand contingent liability they represent.

The Commission notes that, withcertain exceptions listed below, theExchanges will apply to narrow-basedindex warrants the same regulatoryframework which recently wasapproved for broad-based indexwarrants. In approving the broad-basedindex warrant regulatory framework, theCommission found that the frameworkprovides an adequate regulatorystructure for the trading of suchwarrants, including appropriate tradingrules, sales practice requirements,margin requirements, position andexercise limits and surveillanceprocedures. The Commission also foundthat the applicable framework isdesigned to minimize the potential for


16 Pursuant to Section 6(b)(5) of the Act, theCommission is required to find, among other things,that trading in warrants will serve to protectinvestors and contribute to the maintenance of fairand orderly markets. In this regard, the Commissionmust predicate approval of any new derivativeproduct upon a finding that the introduction ofsuch derivative instrument is in the public interest.Such a finding would be difficult for a derivativeinstrument that served no hedging or othereconomic function, because any benefits that mightbe derived by market participants likely would beoutweighed by the potential for manipulation,diminished public confidence in the integrity of themarkets, and other valid regulatory concerns. Asdiscussed below, the Commission believes narrow-based index warrants will serve an economicpurpose by providing an alternative product thatwill allow investors to participate in the pricemovements of the underlying securities in additionto allowing investors holding positions in some orall of such securities to hedge the risks associatedwith their portfolios.

17 The regulatory framework for broad-basedindex warrants is similar to the approach used inregulating index options. Because the same risksexist in trading of narrow-based index options, theCommission believes it is appropriate to utilize thesame approach.

18 This is similar to the approach taken inregulating narrow-based and broad-based indexoptions.

19 The customer spread margin rules applicable tobroad-based stock index and currency warrantswere approved subject to a one year pilot program.The Commission notes that narrow-based indexwarrants will be subject to the same pilot programand, upon expiration of that program, it willdetermine whether to revise or approve on apermanent basis the proposed spread margin rules.

20 The Commission notes that position limits forbroad-based stock index warrants were set at a levelroughly equivalent to 75% of broad-based indexoptions. In the absence of trading experience withU.S. equities market based index warrants, theCommission believes it would be imprudent toestablish position limits for positions greater thanthose currently applicable (on an equivalent basis)to stock index options on the same index.

21 Because each individual warrant issuance isassigned a separate identification symbol, theExchanges have the ability to monitor theaggregation of separate issuances of warrants on thesame underlying index.

22 Accelerated listing procedures allow theExchange to permit issuances of warrants on aparticular narrow-based index pursuant to a filingsubmitted to the Commission for effectivenessimmediately upon filing under Section 19(b)(3)(A)of the Act. In the event that a proposed index doesnot qualify for expedited approval under thesestandards, the Exchanges are not precluded fromfiling a proposed rule change for Commissionreview pursuant to Section 19(b)(2).

manipulation, thereby helping to ensurethat such index warrants do not have anegative market impact. Finally, theCommission also indicated that theframework adequately addressed thespecial risks to customers arising fromthe trading of such warrants.16

The Commission believes it isreasonable for the Exchanges to apply anearly identical regulatory structure tonarrow-based index warrants as broad-based index warrants, particularly giventhe substantial similarities that existbetween them.17 Both broad andnarrow-based stock index warrantsrepresent a leveraged investment in aportfolio or group of equity securities.However, broad-based index productsgenerally have a large number ofcomponent securities and represent acertain overall equities market or asubstantial segment thereof. Narrow-based index products, on the otherhand, generally are comprised of fewercomponent securities that often areconcentrated in a particular industrygroup. These differences heightenconcerns with leveraged narrow-basedindex products regarding marketimpact, manipulation and volatility,dictating that narrow-based indexes besubject to lower position limits andmore restrictive margin treatment.18

Accordingly, the Exchanges haveproposed separate margin and positionlimit treatment for narrow-based indexwarrants. The proposed margin levelsare analogous to those currently in placefor narrow-based stock index options.The Commission believes theserequirements will provide adequatecustomer margin levels sufficient to

account for the potential volatility ofthese products. In addition, theCommission believes that it isappropriate to apply options margintreatment given the options-like marketrisk posed by warrants.19

The proposed position limits are alsosimilar to those in place for narrow-based index options.20 In addition, theExchanges have proposed aggregationrequirements to address multipleissuances of warrants on the samenarrow-based index.21 The Commissionbelieves that the position limits andaggregation requirements are reasonableand will serve to minimize potentialmanipulation and other market impactconcerns while not unduly restrictingliquidity in warrant issuances.

The Commission believes theExchanges’ existing surveillanceprocedures applicable to broad-basedindex warrants are adequate to surveilthe trading of narrow-based indexwarrants. The Commission found thatthe Exchanges’ broad-based surveillanceprocedures were adequate to surveil formanipulation and other abusesinvolving the warrant market and theunderlying component securities. Giventhe functional similarities betweennarrow and broad-based index warrants,the Commission believes it is reasonableto apply the same surveillanceprocedures to both.

Similarly, for the same reasons notedin our order approving broad-basedindex warrants, the Commissionbelieves that heightened customersuitability standards, options accountapproval requirements, and salespractice procedures which are modelledafter index options should be extendedto narrow-based index warrants. TheCommission notes that, upon approvalof this filing, the Exchanges may list awarrant upon any narrow-based indexthat the Commission has previouslyapproved for options or warrant trading.Additionally, in order to expedite SEC

review of a particular warrant issuance,the Exchanges have proposedemploying accelerated listingprocedures similar to those adopted forlisting options on narrow-basedindexes.22

The Commission notes that theseproposed accelerated listing standardsfor index warrants differ from thestandards applicable to narrow-basedindex options in that there is aminimum nine stock requirement forindex warrants (i.e., an index mustinitially and at all times thereafter becomprised of at least nine stocks) andthat index warrants may, at certaintimes, utilize a p.m. settlementmethodology, as discussed above. TheCommission believes the proposeddifferences are reasonable in the warrantcontext for several reasons.

With respect to p.m. settlement, indexwarrants are issuer-based productswhose terms are individually set by theissuer, with the number of warrants ona given index being fixed at the time ofissuance. Accordingly, it is not certainthat there will be a significant numberof warrants in indexes with similarcomponents expiring on the same day.This may reduce pressure fromliquidation of warrant hedges atsettlement. Second, the Commissionauthorized the same settlementmethodology for broad-based indexwarrants and believes it is reasonablethat narrow-based index warrantsoperate in the same manner. Withrespect to the nine stock requirement,the Commission does not believe thatthis difference is such that it willsubject narrow-based index warrants toincreased manipulation. In fact, narrow-based index options impose the samemaintenance requirement of nine stocks.The Commission does not believe thatthe creation of a nine stock index, asopposed to a ten stock index, will leadto increased manipulation, per se,provided the other listing criteria aresatisfied. The Commission notes thatthis requirement precludes the issuanceof index warrants pursuant to theaccelerated listing procedures upon anyindex comprised of less than ninestocks.

The Commission believes that theaccelerated listing procedures willprovide a sufficient opportunity for it toexamine narrow-based index warrant


23 15 U.S.C. § 78s(b)(2) (1988).

24 15 U.S.C. § 78s(b)(2) (1988).25 17 CFR § 200.30–3(a)(12) (1994).

products based on new indexes (whichrequire that a filing be made pursuant toSection 19(b)(3)(A) of the Act).Specifically, the Commission believesthat the seven day prefiling requirementgives the Commission staff anopportunity to discuss with anExchange whether its proposal to listand trade particular narrow-based indexwarrants properly qualifies foreffectiveness upon filing. In addition,the Commission finds that the 30 daydelay in the commencement of tradingof proposed narrow-based indexwarrants will provide a meaningfulopportunity for public comment prior tothe commencement of trading, whilealso providing an Exchange with theopportunity to inform marketparticipants in advance of the proposedtrade date for new index warrants. Inaccordance with Section 19(b)(3)(C) ofthe Act, if the Commission determinesthat the rule change proposal isinconsistent with the requirements ofthe Act and the rules and regulationsthereunder, the 30 day delay wouldallow the Commission to abrogate therule change before trading commences,which will minimize disruption onmarket participants. This authoritycould be utilized if, for example, it isdetermined that the proposed narrow-based index warrant does not satisfy theapplicable accelerated listing standards.

III. Conclusion

The Commission believes that theadoption of these proposed uniformlisting and trading standards for narrow-based index warrants will provide anappropriate regulatory framework.These standards will also benefit theExchanges by providing them withgreater flexibility in structuring narrow-based index warrant issuances and amore expedient process for listingnarrow-based index warrants withoutfurther Commission review pursuant toSection 19(b) of the Act. As notedabove, additional Commission review ofspecific warrant issuances will generallyonly be required for warrants overlyingany non-approved narrow-based indexthat has not been previously approvedby the Commission for narrow-basedindex warrant or options trading. IfCommission review of a particularwarrant issuance is required, theCommission expects that, to the extentthat the warrant issuance complies withthe uniform criteria adopted herein, itsreview should generally be limited toissues concerning the newly proposedindex. This should help ensure thatsuch additional Commission reviewcould be completed in a prompt mannerwithout causing any unnecessary delay

in listing new narrow-based indexwarrant products.

The Commission finds good cause forapproving the Exchanges’ Amendmentsto the proposals prior to the thirtiethday after the date of publication ofnotice thereof in the Federal Register.The Commission notes that theAmendments primarily relate toposition limits and aggregation ofmultiple issuances of warrants on thesame index. The Commission notes thatthe Amendments ensure that multipleissuances of index warrants on the samenarrow-based index will be aggregatedtogether and subject to an overall limit.The Commission believes it isappropriate to aggregate holdings inmultiple issuances together since,despite the difference in expirationdates, warrants which overlie the sameindex are fundamentally the sameinstrument. Furthermore, aggregationprovisions will ensure that an investor(or group) may not circumvent theapplicable position limits by merelypurchasing warrants from differentissuances.

The Amendments also provide thatonce a position limit is established fora particular warrant issuance, it will notbe reduced for the duration of thatparticular issuance. Given the limitedduration of warrants (one to five years),and that any new index warrants on thesame index could not exceed thelowered position limits, theCommission believes it is appropriatefor position limits to not be reducedduring their duration.

CBOE Amendment No. 2 imposes aminimum nine stock requirement for allnarrow-based indexes which underlie awarrant issuance. This provision bringsCBOE into conformity with the otherexchanges. The Amex and Phlxprovisions regarding this requirementhave already been noticed and nocomments were received. Accordingly,this provision does not raise any new orunique regulatory issues. Finally, AmexAmendment No. 4 reduces the lowestposition limit tier to 4.5 millionwarrants from 4.875 million. TheCommission notes that this brings theAmex into conformity with the otherExchanges. Finally, CBOE AmendmentNo. 4 clarifies an example contained inCBOE Amendment No. 3 with respect toposition limit aggregation. Because thisexample is explanatory in nature anddoes not alter any of its rules, theprovision does not raise any new orunique issues. For these reasons, theCommission believes there is goodcause, consistent with Section19(b)(2) 23 of the Act, to approve the

Exchanges’ Amendments to theproposals on an accelerated basis.

IV. Solicitation of CommentsInterested persons are invited to

submit written data, views andarguments concerning the Exchanges’Amendments. Persons making writtensubmissions should file six copiesthereof with the Secretary, Securitiesand Exchange Commission, 450 FifthStreet NW., Washington, DC 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 NW.,Washington, DC. Copies of such filingwill also be available for inspection andcopying at the principal offices of theabove-mentioned self-regulatoryorganizations. All submissions shouldrefer to the file number in the captionabove and should be submitted by April19, 1996.

It therefore is ordered, pursuant toSection 19(b)(2) of the Act,24 that theproposed rule changes (SR–Amex–95–39, SR–CBOE–95–67, and SR–Phlx–95–76) are approved, as amended.

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority.25

Jonathan G. Katz,Secretary.[FR Doc. 96–7699 Filed 3–28–96; 8:45 am]BILLING CODE 8010–01–M

[Release No. 34–37017; File No. SR–Amex–96–03]

Self-Regulatory Organizations;American Stock Exchange, Inc.; OrderApproving Proposed Rule Change bythe American Stock Exchange, Inc.Relating to the Listing and Trading ofOptions and Long-Term Options on theNetworking Index and Long-TermOptions on a Reduced-ValueNetworking Index

March 22, 1996.

I. IntroductionOn January 23, 1996, the American

Stock Exchange, Inc. (‘‘Amex’’ or‘‘Exchange’’) submitted to the Securities


1 15 U.S.C. § 78s(b)(1) (1988).2 17 CFR 240.19b–4 (1994).3 See Securities Exchange Act Release No. 36812

(February 6, 1996), 61 FR 5590.

4 Telephone conversation between ClaireMcGrath, Managing Director and Special Counsel,Amex, and Francois Mazur, Attorney, Office ofMarket Supervision, Division of Market Regulation,Commission, on February 2, 1996.

5 Id.

and Exchange Commission(‘‘Commission’’), pursuant to Section19(b)(1) of the Securities Exchange Actof 1934 (‘‘Act’’) 1 and Rule 19b–4thereunder,2 a proposed rule change toprovide for the listing and trading ofindex options on The Networking Index(‘‘Index’’). Notice of the proposed rulechange appeared in the Federal Registeron February 13, 1996.3 No commentletters were received on the proposedrule change. This order approves theExchange’s proposal.

II. Description of Proposal

A. GeneralThe Amex proposes to trade options

on The Networking Index, a modifiedequal-dollar weighted index developedby the Amex comprised of 15 computerand telecommunication networkingstocks which are traded on the Amex,the New York Stock Exchange, Inc.(‘‘NYSE’’), or through the facilities ofthe National Association of SecuritiesDealers Automated Quotation systemand are reported national market systemsecurities (‘‘NASDAQ/NMS’’). Inaddition, the Amex proposes to amendrule 901C, Commentary .01, to reflectthat 90% of the Index’s numerical valuewill be accounted for by stocks thatmeet the current criteria and guidelinesset forth in Rule 915.

B. Eligibility Standards for IndexComponents

The Networking Index currentlyconforms with Exchange Rule 901C,which specifies criteria for inclusion ofstocks in an index on whichstandardized options will be traded. Inaddition, the Index also currentlyconforms to all the criteria set forth inRule 901C, Commentary .02, whichprovides for the commencement oftrading of options on an index thirtydays after the date of filing, with theexception that the Index is calculatedusing a modified version of the equal-dollar weighting method. Therefore, thecomponent securities all meet thefollowing eligibility standards: (1) Theyare traded on the Amex or NYSE, or areNASDAQ/NMS securities; (2)component stocks comprising the top90% of the Index by weight have aminimum market capitalization of $75million, and those component stocksconstituting the botton 10% of the Indexby weight have a market capitalizationof at least $50 million; and (3) stocksconstituting the top 90% of the Index byweight have minimum monthly volume

of 1,000,000 shares over the six monthspreceding this filing, and stocksconstituting the bottom 10% of theIndex by weight have a minimummonthly volume of at least 500,000shares over the six months precedingthis filing.

C. Index CalculationThe Index is calculated using a

‘‘modified equal-dollar weighting’’methodology. Four of the fifteencomponent securities are given higherweightings to reflect their higher marketcapitalizations relative to the rest of thegroup, while not allowing theirweightings to dominate the Index to theextent they would in a straight marketcapitalization weighted Index.According to the Amex, this method ofcacluation is important given the greatdisparity in market value of a few of theIndex’s components. It has been theExchange’s experience that options onmarket value weighted indexesdominated by relatively few componentstocks are less useful to investors, sincethe index will tend to represent thesefew components and not the industry asa whole. At the same time, the increasein Index weight for the smaller, lessliquid stocks is lower than if the indexhad been straight equal-dollar weighted;and the decrease in Index weight of thelarger, more liquid stocks also is lessdramatic than using straight equal-dollar weighting.

The following is a description of howthe modified equal-dollar weightingcalculation method works. As of themarket close on October 20, 1995, aportfolio of networking stocks wasestablished representing an investmentof $12,000 in each of the four mosthighly capitalized securities in theIndex and $4,727.27 in each of the 11remaining stocks (rounded to thenearest whole share). The value of theIndex equals the current market value(i.e., based on U.S. primary marketprices) of the sum of the assignednumber of shares of each of the stocksin the Index portfolio divided by theIndex divisor. The Index divisor wasinitially determined to yield thebenchmark value of 200.00 at the closeof trading on October 20, 1995. Eachquarter thereafter, following the close oftrading on the third Friday of January,April, July and October, the Indexportfolio will be ranked in descendingmarket capitalization order and theIndex portfolio adjusted by changing thenumber of whole shares of eachcomponent stock so that the four largestcapitalized stocks in the Index eachrepresents 12% of the Index value for atotal of 48%, and the remaining 52% ofthe Index value is evenly distributed

over the remaining securities. At theinception of the Index, each of theremaining 11 components had a weightof approximately 4.73%. The Exchangehas chosen to rebalance following theclose of trading on the quarterlyexpiration cycle because it allows anoption contract to be held for up to threemonths without a change in the Indexportfolio being effected, while at thesame time maintaining the equal-dollarweighting feature of the Index. Ifnecessary, a divisor adjustment is madeat the rebalancing to ensure continuityof the Index’s value. The newly adjustedportfolio becomes the basis for theIndex’s value on the first trading dayfollowing the quarterly adjustment.

As noted above, the number of sharesof each component stock in the Indexportfolio remain fixed between quarterlyreviews except in the event of certaintypes of corporate actions such as thepayment of a dividend other than anordinary cash dividend, stockdistribution, stock split, reverse stocksplit, rights offering, distribution,reorganization, recapitalization, orsimilar event with respect to thecomponent stocks.4 In a merger orconsolidation of an issuer of acomponent stock, if the stock remains inthe Index, the number of shares of thatsecurity in the portfolio may beadjusted, to the nearest whole share, tomaintain the component’s relativeweight in the Index at the levelimmediately prior to the corporateaction. In the event of a stockreplacement, the average dollar value ofthe remaining portfolio components inthe same weighting tier of the stockbeing replaced (i.e., either the top fourstocks by market capitalization as of thelast rebalance, or the remaining stocks)will be calculated and that amountinvested in the stock of the newcomponent, to the nearest whole share.In all cases, the divisor will be adjusted,if necessary, to ensure Index continuity.

Similar to other stock index valuespublished by the Exchange, the value ofthe Index will be calculatedcontinuously and disseminated every 15seconds over the Consolidated TapeAssociation’s Network B.

D. Maintenance of the IndexThe Exchange will review the Index

quarterly,5 and maintain it so that: (1)The total number of componentsecurities will not increase or decreaseby more than 331⁄3% from the number


6 Id.7 Currently, all Index component securities are

the subject of standardized options trading.

8 ISG was formed on July 14, 1983 to, amongother things, coordinate more effectivelysurveillance and investigative information sharingarrangements in the stock and options markets. SeeIntermarket Surveillance Group Agreement, July 14,1983. the most recent amendment to the ISGAgreement, which incorporates the originalagreement and all amendments made thereafter,was signed by ISG members on January 29, 1990.See Second Amendment to the IntermarketSurveillance Group Agreement, January 29, 1990.The members of the ISG are: the Amex; the BostonStock Exchange, Inc.; the Chicago Board OptionsExchange, Inc.; the Chicago Stock Exchange, Inc.;the National Association of Securities Dealers, Inc.(‘‘NASD’’); the NYSE; the Pacific Stock Exchange,Inc.; and the Philadelphia Stock Exchange, Inc.Because of potential opportunities for tradingabuses involving stock index futures, stock options,and the underlying stock; and the need for greatersharing of surveillance information for thesepotential intermarket trading abuses, the majorstock index futures exchanges (e.g., the ChicagoMercantile Exchange and the Chicago Board ofTrade) joined the ISG as affiliate members in 1990.

9 15 U.S.C. § 78f(b)(5) (1988).10 Pursuant to Section 6(b)(5) of the Act, the

Commission must predicate approval of any newoption proposal upon a finding that theintroduction of such new derivative instrument isin the public interest. Such a finding would bedifficult for a derivative instrument that served nohedging or other economic function, because anybenefits that might be derived by marketparticipants likely would be outweighed by thepotential for manipulation, diminished publicconfidence in the integrity of the markets, and othervalid regulatory concerns. In this regard, the tradingof listed options on the Index will provide investorswith a hedging vehicle that should reflect theoverall movement of the stocks representingcompanies in the networking sector in the U.S.stock markets.

of components in the Index at the timeof its initial listing, and in no event willthe Index have fewer than ninecomponents; (2) component stocksconstituting the top 90% of the Index byweight will have a minimum marketcapitalization of $75 million and thecomponent stocks constituting thebottom 10% of the Index by weight willhave a minimum market capitalizationof $50 million; (3) the monthly tradingvolume for each of the past six months 6

for each component security shall be atleast 500,000 shares, or, for each of thelowest weighted components in theIndex that in the aggregate account forno more than 10% of the weight of theIndex, the monthly trading volume shallbe at least 400,000 shares; (4) no singlecomponent will represent more than25% of the weight of the Index and thefive highest weighted components willrepresent no more than 60% of theIndex at each quarterly rebalancing; and(5) at least 90% of the index’s numericalindex value and at least 80% of the totalnumber of component securitiesindividually will meet the then currentcriteria for standardized option tradingset forth in Exchange rule 915;7

The Exchange will notify promptlyCommission staff at any time itdetermines that the Index fails to satisfyany of the foregoing maintenancecritera. Moreover, in such an event, theExchange shall not open for trading anyadditional option series, unless suchfailure is determined by the Exchangenot to be significant and Commissionstaff concurs in that determination.

E. Expiration and SettlementThe proposed options on the Index

will be European style (i.e., exercisespermitted at expiration only), and cashsettled. Standard option trading hours(9:30 a.m. to 4:10 p.m. New York time)will apply. Networking Index optionswill expire on the Saturday followingthe third Friday of the expiration month(‘‘Expiration Friday’’). The last tradingday in an expiring option seriesnormally will be the second to lastbusiness day preceding the Saturdayfollowing the third Friday of theexpiration month (normally aThursday). Trading in expiring optionswill cease at the close of trading on thelast trading day.

The Exchange plans to list optionsseries with expirations in the three near-term calendar months and in the twoadditional calendar months in theJanuary cycle. In addition, longer termoption series having up to thirty-six

months to expiration may be traded. Inlieu of such long-term options on a full-value Index level, the Exchange mayinstead list long-term, reduced-valueput and call options based on one-tenth(1⁄10th) the Index’s full value. In eitherevent, the interval between expirationmonths for either a full-value orreduced-value long-term option will benot less than six months. The trading ofany long-term options would be subjectto the same rules which goven thetrading of all the Exchange’s indexoptions, including sales practice rules,margin requirements and floor tradingprocedures, and all options will haveEuropean style exercise. Position limitson reduced-value long-term NetworkingIndex options will be equivalent to theposition limits for regular (full-value)Index options and would be aggregatedwith such options (for example, if theposition limit for the full-value optionsis 9,000 contracts on the same side ofthe market, then the position limit forthe reduced-value options will be90,000 contracts on the same side of themarket).

The exercise settlement value for allof the Index’s expiring options will becalculated based upon the primaryexchange regular way opening saleprices for the component stocks. In thecase of securities traded through theNASDAQ/NMS, the first reportedregular way sale price will be used. Ifany component stock does not open fortrading on its primary market on the lasttrading day before expiration, then theprior day’s last sale price will be usedin the calculation.

F. Exchange Rules Applicable to StockIndex Options

The Index is deemed to be a StockIndex Option under Rule 901C(a) and aStock Index Industry Group under Rule900C(b)(1). Exchange rules governingmargin requirements, position andexercise limits, and trading haltprocedures applicable to the trading ofnarrow-based index options will applyto options traded on the Index. Forexample, the Exchange expects that thereview required by Rule 904C(c) willresult in a position limit of 9,000contracts with respect to options on theIndex. Surveillance procedurescurrently used to monitor trading ineach of the Exchange’s other indexoptions also will be used to monitortrading in options on The NetworkingIndex. With respect to Rule 903C(b), theExchange proposes to list near-the-money option series on the Index at 21⁄2point strike (exercise) price intervalswhen the value of the Index is below200 points.

G. Surveillance

Surveillance procedures currentlyused to monitor trading in each of theExchange’s other index options also willbe used to monitor trading in Indexoptions and full-value and reduced-value Index long-term options. Further,the Intermarket Surveillance Group(‘‘ISG’’) Agreement, dated July 14, 1983,as amended on January 29, 1990, will beapplicable to the trading of options onthe Index.8

III. Findings and Conclusions

The Commission finds that theproposed rule change is consistent withthe requirements of the Act and therules and regulations thereunderapplicable to a national securitiesexchange, and, in particular, therequirements of Section 6(b)(5).9Specifically, the Commission finds thatthe trading of Networking Indexoptions, including full-value andreduced-value long-term Index options,will serve to promote the public interestand help to remove impediments to afree and open securities market byproviding investors with an additionalmeans to hedge exposure to market riskassociated with stocks in the networkingindustry.10


11 See supra Section II.F.

12 Telephone Conversation between Howard A.Baker, Senior Vice President, Derivative Securities,Administration & Research, Amex, and FrancoisMazur, Attorney, Office of Market Supervision,Division of Market Regulation, on March 20, 1996.

13 See Securities Exchange Act Release No. 31243(September 28, 1992), 57 FR 45849.

14 See supra note 8.15 See, e.g., Securities Exchange Act Release No.

31243 (September 28, 1992), 57 FR 45849 (orderapproving the listing of index options and indexLEAPS on the Chicago Board Options ExchangeBiotech Index).

The trading of options on TheNetworking Index and on a reduced-value Index, however, raises severalissues relating to index design, customerprotection, surveillance, and marketimpact. The Commission believes, forthe reasons discussed below, that theAmex has addressed these issuesadequately.

A. Index Design and StructureThe Commission believes it is

appropriate for the Exchange todesignate the Index as a narrow-basedindex for purposes of index optionstrading. The Index is comprised of 15stocks intended to track the networkingsector of the stock market. TheCommission also finds that the reduced-value Index is a narrow-based indexbecause it is composed of the samecomponent securities as the Index, andmerely dividing the Index value by tenwill not alter its basic character.Accordingly, the Commission believesthat it is appropriate for the Amex toapply its rules governing narrow-basedindex options to trading in the Indexoptions and long-term full-value andreduced-value Index options.11

The Commission also believes that thelarge capitalizations, liquid markets,and relative weightings of the Index’scomponent stocks significantlyminimize the potential for manipulationof the Index. First, the stocks thatcomprise the Index are actively traded,with a mean and median averagemonthly trading volume for the periodbetween July 1995 and December 1995of 22.9 million and 10.0 million shares,respectively. Second, the marketcapitalizations of the stocks in the Indexare very large, ranging from a high of$20.9 billion to a low of $1.3 billion asof January 2, 1996, with the mean andmedian being $5.5 billion and $3.6billion, respectively. Third, because theindex is modified equal dollar-weighted, as described above, no oneparticular stock or group of stocksdominates the Index. Specifically, as ofJanuary 2, 1996, no one stock accountedfor more than 13.94% of the Index’stotal value and the percentage weightingof the five highest weighted stocks inthe Index accounted for 50.63% of theIndex’s value.

Fourth, the proposed maintenancecriteria will serve to ensure that: (1) TheIndex remains composed substantiallyof liquid highly capitalized securities;and (2) the Index is not dominated byone or several securities that do notsatisfy the Exchange’s options listingcriteria. Specifically, in consideringchanges to the composition of the Index,

90% of the weight of the Index and 80%of the number of components in theIndex must at all times comply with thelisting criteria for standardized optionstrading set forth in Amex Rule 915.

The Amex will notify Commissionstaff promptly at any time the Amexdetermines that the Index fails to satisfyany of the foregoing maintenancecriteria.12 Further, in such an event, theExchange will not open for trading anyadditional series of Index options orIndex long-term options unless theExchange determines that such failure isnot significant, and Commission staffconcurs in the determination.

Finally, the Commission believes thatthe existing mechanisms to monitortrading activity in the component stocksof the Index, or options on those stocks,will help deter as well as detect anyillegal activity.

B. Customer ProtectionThe Commission believes that a

regulatory system designed to protectpublic customers must be in placebefore the trading of sophisticatedfinancial instruments, such as Indexoptions (including full-value andreduced-value long-term Index options),can commence on a national securitiesexchange. The Commission notes thatthe trading of standardized exchange-traded options occurs in anenvironment that is designed to ensure,among other things, that: (1) The specialrisks of options are disclosed to publiccustomers; (2) only investors capable ofevaluating and bearing the risks ofoptions trading are engaged in suchtrading; and (3) special complianceprocedures are applicable to optionsaccounts. Accordingly, because theIndex options and Index long-term full-value and reduced-value options will besubject to the same regulatory regime asthe other standardized index optionscurrently traded on the Amex, theCommission believes that adequatesafeguards are in place to ensure theprotection of investors in Index optionsand full-value or reduced-value Indexlong-term options.

C. SurveillanceThe Commission believes that a

surveillance sharing agreement betweenan exchange proposing to list a stockindex derivative product and theexchange(s) trading the stocksunderlying the derivative product is animportant measure for surveillance ofthe derivative and underlying securities

markets. Such agreements ensure theavailability of information necessary todetect and deter potentialmanipulations and other trading abuses,thereby making the stock index productless readily susceptible tomanipulation.13 In this regard, theCommission notes that the Amex,NYSE, and NASD are all members of theISG.14 The Commission believes thatthis arrangement ensures the availabilityof information necessary to detect anddeter potential manipulations and othertrading abuses, thereby making theIndex options and full-value andreduced-value long-term Index optionsless readily susceptible tomanipulation.15

D. Market ImpactThe Commission believes that the

listing and trading of Index options,including full-value and reduced-valueIndex LEAPS on the Amex, will notadversely affect the underlyingsecurities markets. First, because of the‘‘modified equal dollar-weighting’’method that will be used, as describedabove, no one security or group ofsecurities represented in the Index willdominate the weight of the Indeximmediately following a quarterlyrebalancing. Second, the Indexmaintenance criteria ensure that theIndex will be substantially comprised ofsecurities that satisfy the Exchange’slisting standards for standardizedoptions trading, and that one or a fewstocks do not dominate the Index.Third, the currently applicable 9,000contract position and exercise limitswill serve to minimize potentialmanipulation and market impactconcerns. Fourth, the risk to investors ofcontra-party non-performance will beminimized because the Index optionsand Index long-term options will beissued and guaranteed by the OptionsClearing Corporation just like any otherstandardized option traded in theUnited States.

Lastly, the Commission believes thatsettling expiring Networking Indexoptions (including full-value andreduced-value long-term Index options)based on the opening prices ofcomponent securities is reasonable andconsistent with the Act. As has beennoted previously, valuing index optionsfor exercise settlement on expirationbased on opening rather than closing


16 See Securities Exchange Act Release No. 30944(July 21, 1992), 57 FR 33376 (July 28, 1992).

17 15 U.S.C. 78s(b)(2) (1988).18 17 CFR 200.30–3(a)(12) (1994).1 15 U.S.C. § 78s(b)(1).2 17 CFR 240.19b–4.3 In Amendment No. 1, the Amex states that for

each of the Indexes, if at any time between annualrebalancings, the top five stocks in an Index byweight represent in the aggregate more than 60percent of the Index’s value, the Exchange willrebalance the Index after the close of trading on

Expiration Friday in the next month in the Marchcycle. See Letter from Claire P. McGrath, ManagingDirector and Special Counsel, DerivativesSecurities, Amex, to Michael Walinskas, BranchChief, Office of Market Supervision (‘‘OMS’’),Division of Market Regulation (‘‘Division’’),Commission, dated January 2, 1996 (‘‘AmendmentNo. 1’’).

4 See Securities Exchange Act Release No. 36715(January 16, 1996), 61 FR 1796 (January 23, 1996).

5 In Amendment No. 2 the Exchange clarifies thatfor each of the Indexes, both eligibility standardsand maintenance criteria require that upon annualrebalancing, at least 90 percent of each Index’snumerical value and 80 percent of the total numberof component securities must meet the then currentcriteria for standardized options trading set forth ineither Exchange Rule 915 for component securitiesnot currently the subject of standardized optionstrading or Exchange Rule 916 for componentscurrently the subject to standardized optionstrading. In addition, stocks on each quarterlyreplacement list will be selected and ranked byMorgan Stanley based on a number of criteria,including conformity to Exchange Rule 915 forsecurities not currently the subject of standardizedoptions trading and conformity to Rule 916 forsecurities currently the subject of standardizedoptions trading. See Letter from Clifford J. Weber,Managing Director, New Products Development,Amex, to Michael Walinskas, Branch Chief, OMS,Division, Commission, dated March 20, 1996(‘‘Amendment No. 2’’).

6 Amex Rule 902C(d) provides, among otherthings, that Morgan Stanley does not guarantee theaccuracy or completeness of the Indexes or any dataincluded therein, nor does Morgan Stanley makeany warranty, either express or implied, as to theresults to be obtained by any person or entity fromthe use of the Indexes or any data included therein.

7 See infra Section II.D entitled ‘‘Calculation ofthe Indexes’’ for a description of this calculationmethod.

prices of index component securitiesmay help to reduce adverse effects onmarkets for such securities.16

It is therefore ordered, pursuant toSection 19(b)(2) of the Act,17 that theproposed rule change (SR–Amex–96–03), as amended, is approved.



[Release No. 34–37008; Filed No. SR–Amex–95–53]

Self-Regulatory Organizations;American Stock Exchange, Inc.; OrderApproving Proposed Rule Change andNotice of Filing and Order GrantingAccelerated Approval of AmendmentNo. 2 Thereto by the American StockExchange, Inc., Relating to Options onthe Morgan Stanley Healthcare ProductCompanies Index, the Morgan StanleyHealthcare Providers Index and theMorgan Stanley Healthcare PayorsIndex

March 21, 1996.

I. IntroductionOn December 19, 1995, the American

Stock Exchange, Inc. (‘‘Amex’’ or‘‘Exchange’’) submitted to the Securitiesand Exchange Commission(‘‘Commission’’), pursuant to Section19(b)(1) of the Securities Exchange Actof 1934 (‘‘Act’’) 1 and Rule 19b–4thereunder,2 a proposed rule change toprovide for the listing and trading ofindex options on three new indexesdeveloped by Morgan Stanley & Co.Incorporated (‘‘Morgan Stanley’’)relating to three different subsectorswithin the healthcare sector: the MorganStanley Healthcare Providers Index(‘‘Providers Index’’); the Morgan StanleyHealthcare Payors Index (‘‘PayorsIndex’’); and the Morgan StanleyHealthcare Product Companies Index(‘‘Product Companies Index’’)(collectively the ‘‘Indexes’’). On January2, 1996, the Amex filed Amendment No.1 to its proposal.3 Notice of the

proposed rule change and AmendmentNo. 1 appeared in the Federal Registeron January 23, 1996.4 No commentletters were received on the proposedrule change. On March 20, 1996, theExchange filed Amendment No. 2.5 Thisorder approves the Amex’s proposal asamended.

II. Description of Proposal

A. GeneralThe Amex proposes to trade

standardized options on the Indexes,each of which is comprised of stocksthat are traded on the Amex, the NewYork Stock Exchange, Inc. (‘‘NYSE’’), orare National Market securities tradedthrough Nasdaq. In addition, the Amexproposes to amend Amex Rule 902C(d)to include the Amex proposes to amendAmex Rule 902C(d) to include theIndexes in the disclaimer provisions ofthat rule.6 The Amex also proposes tolist long-term options on the Indexeshaving up to 36 months to expiration. Inlieu of such long-term options on thefull value of the Indexes, the Amex mayinstead list long-term options based onone-tenth of the value of each of theIndexes. These long-term options oneither the full or reduced-value of theIndexes are referred to as ‘‘LEAPS.’’LEAPS on the Indexes will tradeindependent of and in addition toregular Index options traded on the

Exchange. However, as discussed below,position and exercise limits of LEAPSon the Indexes (both full and reduced-value) and regular options on theIndexes will be aggregated.

B. Composition of the IndexesThe Indexes have been developed by

Morgan Stanley to represent a portfolioof large, actively traded, healthcaresector stocks. As of December 1, 1995,the Providers Index was comprised of15 stocks of companies engaged in thehospital management and medical/nursing services industries, with marketcapitalizations ranging from $494million to $23 billion, and six monthaverage daily trading volumes rangingfrom 95,000 to 995,000 shares. Themarket capitalization of all of the stocksin the Providers Index on that date wasapproximately $45.2 billion. The totalnumber of shares outstanding for thestocks in the Providers Index rangedfrom 19 million shares to 445 millionshares.

The Payor’s Index, as of December 1,1995, was comprised of 12 stocks ofcompanies conducting business in themanaged health care and healthindustry services industries, withmarket capitalizations ranging from$622 million to $10 billion and sixmonth average daily trading volumesranging from 170,000 to 1,700,000shares. The market capitalization of allof the stocks in the Payor’s Index on thatdate was approximately $36.3 billion.The total number of shares outstandingfor the stocks in the Payor’s Indexranged from 18 million shares to 174million shares.

Finally, as of this same date, theProduct Companies Index wascomprised of 25 equity issues ofcompanies engaged in the majorpharmaceuticals, biotechnology,medical specialities, medicalelectronics, and medical/dentaldistributors industries. The marketcapitalizations of these 25 companiesrange from $1.6 billion to $56.1 billionand the six month average daily tradingvolumes range from 124,000 to2,800,000 shares. The marketcapitalization of all the stocks in theProduct Companies Index on that datewas approximately $475 billion. Thetotal number of shares outstanding forthe stocks in the Product CompaniesIndex ranged from 29 million shares to1.5 billion shares.

The Exchange will use an ‘‘equaldollar-weighted’’ method to calculatethe value of each of the Indexes.7 The


8 See Letter from Clarie P. McGrath, ManagingDirector and Special Counsel, Derivative Securities,to Michael Walinskas, Branch Chief, OMS,Division, Commission, dated February 28, 1996.

9 See Amendment No. 2, supra note 5.

10 In certain circumstances, each Index will berebalanced prior to the end of a calendar year. Seeinfra Section II.E. (Maintenance of the Indexes).

11 See Amendment No. 1, supra note 3.12 See Amendment No. 2, supra Note 5.13 Telephone conversation between Clifford J.

Weber, Managing Director, New ProductsDevelopment, Amex, and James T. McHale,Attorney, OMS, Division, Commission, on March19, 1996.

Indexes were each initialized at a levelof 200 as of the close of trading onDecember 16, 1994. As of the close oftrading on February 27, 1996, theProviders Index, the Payors Index, andthe Product Companies Index werevalued at 306.66, 260.46, and 357.07,respectively.8

C. Eligibility Standards for the Inclusionof Component Stocks in the Indexes

The Amex represents that the Indexesconform with Exchange Rule 901C,which specifies criteria for the inclusionof stocks in an index on whichstandardized options will be traded onthe Exchange. In addition, for each ofthe Indexes, Morgan Stanley hasincluded, and will include, only thosestocks that initially meet the followingstandards: (1) a minimum price of $7.50at the time of announcement of entryinto the Index; (2) a minimum marketcapitalization of $75 million; (3) averagemonthly trading volume in thecomponent security of at least onemillion shares during the preceding sixmonths; (4) each component securitymust be traded on the Amex, NYSE ormust be a National Market securitytraded through the facility of Nasdaq;and (5) upon annual rebalancing, atleast 90% of the Index numerical valueand at least 80% of the total number ofcomponent securities must meet thethen current criteria for standardizedoption trading set forth in ExchangeRule 915 for component securities notcurrently the subject of standardizedoptions trading and Rule 916 forcomponents which currently are thesubject of standardized options trading.9Also, because the Indexes are equal-dollar weighted, no component securitywill represent more than 25% of theweight of any of the Indexes, nor willthe five highest weighted componentsecurities in any of the Indexes, in theaggregate, account for more than 60% ofthe weight of that Index upon annualrebalancing. The criteria set forth aboveare the same as or exceed many of thecriteria established for the expeditedlisting of options on stock industryindexes pursuant to Exchange Rule901C Commentary .02.

D. Calculation of the IndexesThe Indexes will be calculated using

an ‘‘equal dollar-weighted’’methodology designed to ensure thateach of the component stocks arerepresented in approximately ‘‘equal’’dollar amounts in each Index. In

calculating the initial ‘‘equal dollar-weighting’’ of component stocks, theAmex, using closing prices on December16, 1994, calculated the number ofshares that would represent aninvestment of $300,000 in each of thestocks contained in the Indexes (to thenearest whole share). The value of eachIndex equals the current market value(i.e., based on U.S. primary marketprices) of the sum of the assignednumber of shares of each of the stocksin the Index portfolio divided by thecurrent Index divisor. Each Indexdivisor was initially calculated to yielda benchmark value of 200.00 at the closeof trading on December 16, 1994.Annually thereafter, following the closeof trading on the third Friday ofDecember, each Index portfolio will beadjusted by changing the number ofwhole shares of each component stockso that each company is againrepresented in ‘‘equal’’ dollaramounts.10 If necessary, a divisoradjustment is made at the rebalancing toensure continuity of an Index’s value.The newly adjusted portfolio becomesthe basis for the Index’s value on thefirst trading day following the annualadjustment.

Subject to the maintenance criteriadiscussed below, for each Index thenumber of shares of each componentstock in such Index will remain fixedbetween annual reviews except in theevent of certain types of corporateactions, such as the payment of adividend (other than an ordinary cashdividend), stock distribution, stocksplit, reverse stock split, rights offering,distribution, reorganization,recapitalization, or similar event withrespect to an Index component stock. Ina merger or consolidation of an issuer ofa component security, if the securityremains in the Index, the number ofshares of that security will be adjusted,if necessary, to the nearest whole share,to maintain the component’s relativeweight in the Index at the levelimmediately prior to the corporateaction. In the event of a stockreplacement, the dollar value of thesecurity being replaced will becalculated and that amount invested inthe stock of the new component, to thenearest whole share. In all cases, thedivisor will be adjusted, if necessary, toensure Index continuity.

Additionally, for each of the Indexes,if at any time between annualrebalancings, the top five stocks in theIndex by weight represent in theaggregate more than 60% of the Index’s

value, the Exchange will rebalance theIndex after the close of trading onexpiration Friday in the next month inthe March cycle. For example, if in Julyit is determined that the top fivecomponents in the Morgan StanleyHealthcare Product Companies Indexaccount for more than 60% of theIndex’s weight, then the Index will berebalanced after the close of trading onexpiration Friday in September.11

Similar to other stock index valuespublished by the Exchange, the value ofeach Index will be calculatedcontinuously and disseminated every 15seconds over the Consolidated TapeAssociation’s Network B and to theOptions Price Reporting Authority(‘‘OPRA’’).

E. Maintenance of the IndexesThe Indexes will be calculated and

maintained by the Amex in consultationwith Morgan Stanley which may, fromtime to time, suggest changes in theindustry categories represented in anyor all of the Indexes or changes in thenumber of component stocks in anindustry category to properly reflect thechanging conditions in the healthcaresector. In addition, the Amex willreplace component securities in eachIndex that fail to meet the followingmaintenance criteria on quarterlyreview: (1) a minimum marketcapitalization of $75 million; (2) averagemonthly trading volume in thecomponent security of at least 500,000shares during the preceding six months;(3) at least 90% of the Index’s numericalvalue and at least 80% of the totalnumber of component securities meetthe then current criteria forstandardized option trading set forth inExchange Rule 915 for securities notcurrently the subject of standardizedoptions trading and Rule 916 forsecurities which are currently thesubject of standardized optionstrading; 12 and (4) a share price of $5.00or greater for a majority of business daysduring the preceding quarter for thoselimited number of component securitiesthat do not meet Rule 915 or 916.13

At the beginning of each calendarquarter, Morgan Stanley will providethe Amex with a current list ofreplacement stocks for each Index fromwhich to draw in the event that acomponent in an Index must bereplaced due to merger, takeover, failureto satisfy the above maintenance


14 See Letter from Carol Shahmoon, Counsel,Morgan Stanley, to Michael Walinskas, BranchChief, OMS, Division, Commission, dated March20, 1996 (‘‘Morgan Stanley Letter’’).

15 See supra Section II.C entitled ‘‘EligibilityStandards for the Inclusion of Component Stocks inthe Indexes.’’

16 See Amendment No. 2, supra Note 5.17 The Amex will ensure that at the time of

selection it will only select securities that continueto meet the eligibility requirements discussedabove.

18 For purposes of the daily dissemination of theIndexes value, if a stock included in an Index hasnot opened for trading, the Amex will use theclosing value of that stock in its primary market onthe prior trading day when calculating the value ofthe Index, until the stock opens for trading.

19 A European-style option can be exercised onlyduring a specified period before the option expires.

20 Pursuant to Amex Rule 462(d)(2)(D)(iv), themargin requirements for each of the proposed Indexoptions will be: (1) for each short options position,100% of the current market value of the optionscontract plus 20% of the underlying aggregate Indexvalue, less any out-of-the-money amount, with aminimum requirement of the options premium plus10% of the underlying Index value; and (2) for longoptions positions, 100% of the options premiumpaid.

21 Pursuant to Amex Rules 904C and 905C,respectively, the position and exercise limits foreach of the proposed Index options will be 12,000contracts, unless the Exchange determines,pursuant to Rules 904C and 905C, that a lower limitis warranted.

22 Pursuant to Amex Rule 918C, the trading ofoptions on each of the Indexes will be halted orsuspended whenever trading in underlying

criteria, or other similar event (each a‘‘Replacement List’’).14 The Amex willpublicly distribute the ReplacementLists as soon as practicable followingreceipt from Morgan Stanley.

Stocks on each Replacement List willbe selected and ranked by MorganStanley based on a number of criteria,including conformity to the eligibilityrequirements described above 15 and toExchange Rule 915 for componentsecurities not currently the subject ofstandardized options trading and Rule916 for components which are currentlythe subject of standardized optionstrading.16 Rules 915 and 916,respectively, set forth the criteria for theinitial and continued listing ofstandardized options on equitysecurities. The replacement stocks willbe categorized by Morgan Stanley byindustry within the healthcare sectorand ranked within their category basedon the aforementioned criteria. Thereplacement stock for a security beingremoved from an Index will be selectedsolely by the Amex from theReplacement List based on industrycategory and liquidity.17 In the event noreplacement stocks are available thatmeet the eligibility criteria and passMorgan Stanley’s selection process, thenthe security leaving the Index will beremoved without replacement and thedivisor adjusted to ensure Indexcontinuity. It is expected that eachIndex will remain at the current numberof components; however, if the numberof components in an Index shallincrease or decrease by more than onethird, the Exchange must obtainadditional approval from theCommission pursuant to Section 19(b)of the Act.

In addition, Morgan Stanley willadvise the Exchange regarding thehandling of unusual corporate actionswhich may arise from time to time.Routine corporate actions (e.g., stocksplits, routine spinoffs, etc.) whichrequire straightforward index divisoradjustments will be handled by theExchange’s staff without consultationwith Morgan Stanley. All stockreplacements and unusual divisoradjustments caused by the occurrence ofextraordinary events such asdissolution, merger, bankruptcy, non-

routine spinoffs, or extraordinarydividends will be made by Exchangestaff in consultation with MorganStanley, although the Amex ultimatelywill select the actual replacement stockfrom the Replacement List withoutMorgan Stanley’s assistance. All stockreplacements and the handling of non-routine corporate actions will beannounced at least ten business days inadvance of such effective change,whenever practicable. As with alloptions currently trading on the Amex,the Exchange will make this informationavailable to the public through thedissemination of an informationcircular.

F. Expiration and SettlementThe Index value for purposes of

settling outstanding Index options andIndex LEAPS contracts upon expirationwill be calculated based upon theregular way opening sale prices for eachof an Index’s component stocks in theirprimary market on the last trading dayprior to expiration. In the case ofNational Market securities tradedthrough Nasdaq, the first reported saleprice will be used. Once all of thecomponent stocks have opened fortrading, the value of each Index will bedetermined and that value will be usedas the final settlement value for expiringIndex options contracts. If any of thecomponent stocks do not open fortrading on the last trading day beforeexpiration, then the prior trading day’s(i.e., Thursday’s) last sale price will beused to calculate each Index. In thisregard, before deciding to useThursday’s closing value of acomponent stock for purposes ofdetermining the settlement value of anIndex, the Amex will wait until the endof the trading day on expirationFriday.18

G. Contract SpecificationsThe proposed options on the Indexes

will be cash-settled, European-styleoptions.19 Standard options tradinghours for narrow-based index options(9:30 a.m. to 4:10 p.m. New York time)will apply to the contracts. The optionson the Index will expire on the Saturdayfollowing the third Friday of theexpiration month. The last trading dayfor an expiring option series willnormally be the second to the lastbusiness day before expiration

(normally a Thursday). The Exchangeintends to list option series withexpirations in the three near-termcalendar months and the two additionalcalendar months in three monthintervals in the March cycle. TheExchange also intends to list longer termoption series having up to 36 months toexpiration. The Exchange proposes tolist near-the-money (i.e. strike priceswithin ten points above or below thecurrent index value) option series onany of the Indexes at 21⁄2 point strikeprice intervals when the value of thatIndex is below 200 points.

H. Listing of Long-Term Options on theFull Value or the Reduced Value of theIndexes

The proposal provides that theExchange may list longer term indexoptions series having up to 36 monthsto expiration on the full value of theIndexes. Alternatively, the Exchangemay list long-term reduced-value putand call options based on 1⁄10th of thefull value of the Indexes. In either event,the interval between expiration monthsfor either a full value or reduced valuelong-term option will not be less thansix months. The reduced-value IndexLEAPS will also have a European-styleexercise and will be subject to the samerules that govern the trading of all theExchange’s index options, includingsales practice rules, marginrequirements and floor tradingprocedures.

I. Position and Exercise Limits, MarginRequirements, and Trading Halts

Because the Indexes are Stock IndexOptions under Amex Rule 901C(a) andStock Index Industry Groups under Rule900C(b)(1), the proposal provides thatExchange rules that are applicable to thetrading of narrow-based index optionswill apply to the trading of options onthe Indexes. Specifically, Exchangerules governing margin requirements,20

position and exercise limits,21 andtrading halt procedures 22 that are


securities whose weighted value represents morethan 20% of an Index’s value are halted orsuspended.

23 ISG was formed on July 14, 1983 to, amongother things, coordinate more effectivelysurveillance and investigative information sharingarrangements in the stock and options markets. SeeIntermarket Surveillance Group Agreement, July 14,1983. The most recent amendment to the ISGAgreement, which incorporates the originalagreement and all amendments made thereafter,was signed by ISG members on January 29, 1990.See Second Amendment to the IntermarketSurveillance Group Agreement, January 29, 1990.The members of the ISG are: the Amex; the BostonStock Exchange, Inc.; the Chicago Board OptionsExchange, Inc.; the Chicago Stock Exchange, Inc.;the National Association of Securities Dealers, Inc.;the NYSE; the Pacific Stock Exchange, Inc.; and thePhiladelphia Stock Exchange, Inc. Because ofpotential opportunities for trading abuses involvingstock index futures, stock options, and theunderlying stock, and the need for greater sharingof surveillance information for these potentialintermarket trading abuses, the major stock indexfutures exchanges (e.g., the Chicago MercantileExchange and the Chicago Board of Trade) joinedthe ISG as affiliate members in 1990.

24 See Morgan Stanley Letter, supra note 14.25 Id.

26 15 U.S.C. § 78f(b)(5).27 Pursuant to Section 6(b)(5) of the Act, the

Commission must predicate approval of any newoption proposal upon a finding that theintroduction of such new derivative instrument isin the public interest. Such a finding would bedifficult for a derivate instrument that served nohedging or other economic function, because anybenefits that might be derived by marketparticipants likely would be out weighed by thepotential for manipulation, diminished publicconfidence in the integrity of the markets, and othervalid regulatory concerns. In this regard, the tradingof listed options on the Index will provide investorswith a hedging vehicle that should reflect theoverall movement of the stocks representingcompanies in the healthcare sector in the U.S. stockmarkets.

28 See supra Section II.I (Position and ExerciseLimits, Margin Requirements, and Trading Halts).

applicable to the trading of narrow-based index options will apply tooptions traded on the Indexes. Positionlimits on long-term reduced-value Indexoptions will be equivalent to theposition limits for regular (full value)Index options and would be aggregatedwith such options. For aggregationpurposes, ten reduced value contractswill equal one full value contract (forexample, if the position limit for the fullvalue options is 12,000 contracts on thesame side of the market, then theposition limit for the reduced valueoptions will be 120,000 contracts on thesame aside of the market).

J. SurveillanceSurveillance procedures currently

used to monitor trading in each of theExchange’s other index options will alsobe used to monitor trading in options onthe Indexes. These procedures includecomplete access to trading activity inthe underlying securities. Further, theIntermarket Surveillance Group (‘‘ISG’’)Agreement, dated July 14, 1983, asamended on January 29, 1990, will beapplicable to the trading of options onthe Indexes.23

Morgan Stanley has also adoptedspecial procedures to prevent thepotential misuse of material, non-publicinformation by the research, sales, andtrading divisions of the firm inconnection with the maintenance of theIndexes.24 As discussed above, theAmex will publicly disseminate eachReplacement List by issuing informationcirculars so that investors will know inadvance which securities will beconsidered as replacements for theIndex.25

In additional, Morgan Stanley willhave a limited role in the stockreplacement selection and substitutionprocess. First, when a stock in an Indexno longer meets the published criteria asdetermined following a quarterly reviewof the components by the Exchange, theAmex will determine, withoutconsultation with Morgan Stanley,which security from the applicableReplacement List will be selected foraddition to the Index. Second, TheAmex will also make adjustments as aresult of stock splits, routine spin-offs,and otherwise, without consultationwith Morgan Stanley. Finally, even inthose situations where the Amexconsults with Morgan Stanley, upon theoccurrence of certain events, the actualreplacement sock will be selected solelyby Amex from the stocks on thereplacement list.

III. Findings and ConclusionsThe Commission finds that the

proposed rule change is consistent withthe requirements of the act and the rulesand regulations thereunder applicable toa national securities exchange, and, inparticular, the requirements of Section6(b)(5).26 Specifically, the Commissionfinds that the trading of options on theIndexes, including full-value andreduced-value Index LEAPS, will serveto promote the public interest and helpto remove impediments to a free andopen securities market by providinginvestors with an additional means tohedge exposure to market riskassociated with stocks in the varioushealthcare subsectors.27

The trading of options on the Indexesand reduced-value Indexes, however,raises several issues relating to indexdesign, customer protection,surveillance, and market impact. TheCommission believes, for the reasonsdiscussed below, that the Amexadequately has assessed these issues.

A. Index Design and StructureThe Commission believes it is

appropriate for the Exchange to

designate each of the Indexes as narrow-based for purposes of index optionstraining. The indexes are eachcomprised of a limited number of stocksintended to track discrete subsectors ofthe healthcare sector of the stockmarket. Accordingly, the Commissionbelieves it is appropriate for the Amexto apply its rules governing narrow-based index options to trading in theproposed Index options.28

The Commission also believes that theliquid markets, large capitalizations,and relative weighings of the Indexes’component stocks significantlyminimize the potential for manipulationof the Index. First, the stocks thatcomprise each index are actively traded.Average month trading volume in thecomponent stocks of the Indexes for theperiod between June 1, 1995 andDecember 1, 1995 ranged from 95,000 to995,000 shares for the Providers Index,170,000 to 1,700,000 shares for thePayors Index, and 124,000 to 2,800,000shares for the Product Companies Index.Second, the market capitalizations ofthe stocks in the Indexes are very large,ranging from $494 million to $23 billionin the Providers Index, $622 million to$10 billion in the Payors Index, and $1.6billion to $56 billion in the ProductCompanies Index. Third, because theindexes are equal dollar-weighted, noone particular stock or group of stocksdominates the index. Specifically, as ofDecember 1, 1995, no one stockaccounted for more than 12.13% of thetotal value of the Providers Index,12.47% of the total value of the PayorsIndex, and 6.38% of the total value ofthe Product Companies Index. Fourth,the Indexes will be maintained so thatin addition to the other maintenancecriteria discussed above, at eachquarterly review and rebalancing(annual or otherwise), at least 90% ofthe Indexes numerical value and at least80% of the total number of componentsecurities will be composed of securitieseligible for standardized optionstrading. Fifth, Morgan Stanley and theAmex will be required to ensure thateach component of each Index is subjectto last sale reporting requirements in theU.S. pursuant to Rule 11aA3–1 of theAct. This will further reduce thepotential for manipulation of the valueof the Indexes. Finally, the Commissionbelieves that the existing mechanisms tomonitor trading activity in thecomponent stocks of the Indexes, oroptions on those stocks or the Indexeswill help deter as well as detect anyillegal activity.


29 A stock would be ‘‘overweight’’ if its weight inthe Index were greater than the average weight ofall of the stocks in the Index. This would occur, forexample, if the price of a component stocksignificantly increased relative to the other stocksin the Index during a particular quarter and priorto the rebalancing.

30 See supra Section II.E (Maintenance of theIndexes).

31 See Amex Rule 916.

32 See supra Section II.C (Eligibility Standards forthe Inclusion of Component Stocks in the Indexes).

33 See Morgan Stanley Letter, supra note 14.

34 See Securities Exchange Act Release No. 31243(September 28, 1992), 57 FR 45849 (October 5,1992).

35See supra note 23.

In addition, even though the Indexesare only scheduled to be rebalancedannually, the Commission believes thatthe Amex and Morgan Stanley havedeveloped several composition andmaintenance criteria for the Indexes thatwill minimize the possibility that theIndexes could be manipulated throughtrading in less actively traded securitiesor securities with smaller prices orfloats. First, if at any time during theyear the top five components in anIndex, by weight, account for more thansixty percent of the weight of the Index,the Exchange will rebalance the Indexfollowing the close of trading onExpiration Friday in the next month inthe March cycle. These rebalancingrequirements will serve to ensure thatany ‘‘overweight’’ stock 29 will bebrought back into line with the otherstocks, thus ensuring that lesscapitalized stocks do not becomeexcessively weighted in the Index.

Second, after each quarterly reviewand each rebalancing (annual orotherwise), at least 90% of an Index’snumerical value and at least 80% of thetotal number of component securitieswill be comprised of stocks that areeligible for standardized optionstrading. The Commission believes thatthis requirement will ensure that theIndexes will be almost entirely made upof stocks with large public floats that areactively traded, thus reducing thelikelihood that the Indexes could beeasily manipulated by abusive tradingin the smaller stocks contained in theIndexes.

Third, at each quarterly review of theIndexes, a component may only remainin an Index if it satisfies the remainingmaintenance requirements whichinclude market capitalization andminimum trading volumerequirements.30 These requirements aresimilar to the continued listingrequirements for options on individualequity securities and should ensure theIndexes are comprised of active andliquid securities.31

Fourth, because the Indexes arenarrow-based, the applicable positionand exercise limits (currently 12,000)and margin requirements will furtherreduce the susceptibility of the Indexesto manipulation. Lastly, Morgan Stanleywill only add stocks to a Replacement

List that are representative of thehealthcare sector and, as discussedabove,32 satisfy the inclusion criteria.

The Commission notes that certainconcerns are raised when a broker-dealer, such as Morgan Stanley, isinvolved in the development andmaintenance of a stock index thatunderlies an exchange-traded derivativeproduct. For several reasons, however,the Commission believes that the Amexhas adequately addressed this concernwith respect to options on the Indexes.

First, the values of the Indexes are tobe calculated and disseminated by theAmex so that unless a partyindependently calculates the Indexes’values, neither Morgan Stanley nor anyother party will be in receipt of thevalues prior to the public disseminationof the Indexes’ values. Second, routinecorporate actions (e.g., stock splits,routine spinoffs, etc.) will be handled bythe Amex without consultation withMorgan Stanley. Third, although stockreplacements and unusual divisoradjustments caused by the occurrence ofextraordinary events, such asdissolution, merger, bankruptcy, non-routine spinoffs, or extraordinarydividends, will be made by Exchangestaff in consultation with MorganStanley, Amex alone ultimately willselect the actual replacement stock fromthe Replacement List without MorganStanley’s assistance. Such replacementwill be announced publicly at least 10business days in advance of the effectivechange by the Amex through thedissemination of an informationcircular, whenever practicable. Fourth,the Commission believes that theprocedures Morgan Stanley hasestablished to detect and preventmaterial non-public informationconcerning the Indexes from beingimproperly used by the person orpersons responsible for compiling theReplacement Lists, as well as otherpersons within Morgan Stanley, asdiscussed above,33 adequately serve tominimize the susceptibility tomanipulation of the Indexes, thesecurities in the Indexes, and securitiesadded to and deleted from anyReplacement List. In summary, theCommission believes that theprocedures outlined above help toensure that Morgan Stanley will nothave any informational advantagesconcerning modifications to thecomposition of the Indexes due to itslimited role in consulting with Amex on

the maintenance of the Indexes undercertain circumstances.

B. Customer Protection

The Commission believes that aregulatory system designed to protectpublic customers must be in placebefore the trading of sophisticatedfinancial instruments, such as optionson the Indexes (including full-value andreduced value LEAPS), can commenceon a national securities exchange. TheCommission notes that the trading ofstandardized exchange-traded optionsoccurs in an environment that isdesigned to ensure, among other thingsthat: (1) the special risks of options aredisclosed to public customers; (2) onlyinvestors capable of evaluating andbearing the risks of options trading areengaged in such trading; and (3) specialcompliance procedures are applicable tooptions accounts. Accordingly, becauseLEAPS and regular options on theIndexes will be subject to the sameregulatory regime as the otherstandardized options currently tradedon the Amex, the Commission believesthat adequate safeguards are in place toensure the protection of investors inoptions on the Indexes. Finally, theAmex has stated that it will distributeinformation circulars to membersfollowing rebalancings and prior tocomponent changes to notify membersof changes in the composition of theIndexes. Additionally, the Amex willpublicly disseminate each ReplacementList by means of information circulars.The Commission believes this shouldhelp to protect investors and avoidinvestor confusion.

C. Surveillance

The Commission believes that asurveillance sharing agreement betweenan exchange proposing to list a stockindex derivative product and theexchange(s) trading the stocksunderlying the derivative product is animportant measure for surveillance ofthe derivative and underlying securitiesmarkets. Such agreements ensure theavailability of information necessary todetect and deter potentialmanipulations and other trading abuses,thereby making the stock index productless readily susceptible tomanipulation.34 In this regard, theAmex, NYSE, and National Associationof Securities Dealers, Inc. are allmembers of the ISG, which provides forthe exchange of all necessarysurveillance information.35


36 In addition, the Amex and the OPRA haverepresented that the Amex and the OPRA have thenecessary systems capacity to support those newseries of index options that would result from theintroduction of options on the Indexes. See Letterfrom Charles Faurot, Managing Director, MarketData Services, Amex, to Michael Walinskas, BranchChief, OMS, Division, Commission, dated January22, 1996; letter from Edward Cook, Jr., ManagingDirector, Information Technology, Amex, toMichael Walinskas, Branch Chief, OMS, Division,Commission, dated February 8, 1996; and letterfrom Joe Corrigan, Executive Director, OPRA, toMichael Walinskas, Branch Chief, OMS, Division,Commission, dated January 22, 1996.

37 Securities Exchange Act Release No. 30944(July 21, 1992), 57 FR 33376 (July 28, 1992). 38 15 U.S.C. § 78s(b)(2).

39 17 CFR 200.30–3(a)(12).1 15 U.S.C. 78s(b)(1).2 17 CFR 240.19b–4.3 See Securities Exchange Act Release Nos. 36528

(November 29, 1995), 60 FR 62523 (File No. SR–CBOE–95–58); 36550 (December 4, 1995), 60 FR63550 (File No. SR–Amex–95–47); and 36625(December 21, 1995), 60 FR 67378 (File No. SR–Phlx–95–90).

D. Market Impact

The Commission believes that thelisting and trading of options on theIndexes, including full-value andreduced-value Index LEAPS, on theAmex will not adversely impact theunderlying securities markets.36 First, asdescribed above, due to the ‘‘equaldollar-weighting’’ methodology, no onestock or group of stocks dominates theIndexes. Second, because at eachquarterly review and each rebalancingof the Indexes, at least 90% of anIndex’s numerical value and at least80% of the total number of componentsecurities must be accounted for bystocks that are eligible for standardizedoptions trading, the component stocksgenerally will be actively-traded, highly-capitalized stocks. Third, the currentlyapplicable 12,000 contract position andexercise limits will serve to minimizepotential manipulation and marketimpact concerns. Fourth, the risk toinvestors of contra-party non-performance will be minimized becausethe options on the Indexes will beissued and guaranteed by the OptionsClearing Corporation just like any otherstandardized option traded in theUnited States.

Lastly, the Commission believes thatsettling expiring options on the Indexes(including full-value and reduced-valueIndex LEAPS) based on the openingprices of component securities isreasonable and consistent with the Act.As noted in other contexts, valuingoptions for exercise settlement onexpiration based on opening pricesrather than closing prices may helpreduce adverse effects on markets forstocks underlying options on theIndex.37

The Commission finds good cause forapproving Amendment No. 2 to theproposal prior to the thirtieth day afterthe date of publication of the notice offiling thereof in the Federal Register.Specifically, Amendment No. 2 merelyclarifies that for each of the Indexes,both eligibility standards andmaintenance criteria require that upon

annual rebalancing, at least 90% of eachIndex’s numerical value and 80% of thetotal number of component securitiesmust meet the then current criteria forstandardized options trading set forth ineither Rule 915 for component securitiesnot currently the subject of standardizedoptions trading or Rule 916 componentswhich are currently the subject ofstandardized options trading. Moreover,Amendment No. 2 provides that MorganStanley will select and rank any stocksto be included in each Replacement Listbased on a number of criteria, includingconformity to the same eligibilitystandards and maintenance criteria setforth in Rules 915 and 916. TheCommission believes that clarifying theapplicable eligibility standards andmaintenance criteria for the Indexes’component securities is consistent withmaintaining a fair and orderly marketand reduces the likelihood of investorconfusion.

Based on the above, the Commissionfinds good cause for approvingAmendment No. 2 to the proposed rulechange on an accelerated basis andbelieves that the proposal, as amended,is consistent with Sections 6(b)(5) and19(b)(2) of the Act.

IV. Solicitation of Comments

Interested persons are invited tosubmit written data, views, andarguments concerning Amendment No.2. Persons making written submissionsshould file six copies thereof with theSecretary, Securities and ExchangeCommission, 450 Fifth Street NW.,Washington, DC 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 NW.,Washington, DC 20549. Copies of suchfiling will also be available forinspection and copying at the principaloffice of the Amex. All submissionsshould refer to the File No. SR–Amex–95–53 and should be submitted by April19, 1996.

It is therefore ordered, pursuant tosection 19(b)(2) of the Act,38 that theproposed rule change (SR–Amex–95–53), as amended, is approved.



[Release No. 34–37011; File Nos. SR–CBOE–95–58; SR–Amex–95–47; Phlx–95–90; SR–PSE–96–05; SR–NYSE–96–03]

Self-Regulatory Organizations; OrderApproving Proposed Rule Changesand Notice of Filing and OrderGranting Accelerated Approval ofRelated Amendments by the ChicagoBoard Options Exchange, Inc., theAmerican Stock Exchange, Inc. and thePhiladelphia Stock Exchange, Inc., andNotice of Filing and Order GrantingAccelerated Approval of ProposedRule Changes by the Pacific StockExchange, Inc., and the New YorkStock Exchange, Inc., Relating toListing Standards for Options onSecurities Issued in a ReorganizationTransaction Pursuant to a PublicOffering or a Rights Distribution

March 22, 1996.

I. Introduction

On October 19, November 29,December 19, 1995, February 16, andMarch 1, 1996 the Chicago BoardOptions Exchange, Inc. (‘‘CBOE’’), theAmerican Stock Exchange, Inc.(‘‘Amex’’), the Philadelphia StockExchange, Inc. (‘‘Phlx’’), the PacificStock Exchange, Inc. (‘‘PSE’’) and theNew York Stock Exchange, Inc.(‘‘NYSE’’) (collectively the‘‘Exchanges’’), respectively, submittedto the Securities and ExchangeCommission (‘‘SEC’’ or ‘‘Commission’’),pursuant to Section 19(b)(1) of theSecurities Exchange Act of 1934(‘‘Act’’) 1 and Rule 19b–4 thereunder,2proposed rule changes to adopt listingstandards for options on securitiesissued in a reorganization transactionpursuant to a public offering or a rightsdistribution.

Notices of the CBOE, Amex, and Phlxproposals were published for commentin the Federal Register on December 6,1995, December 11, 1995, and December29, 1995, respectively.3 No commentswere received on the proposals. TheCBOE submitted to the CommissionAmendment Nos. 1 and 2 to its proposal


4 The CBOE submitted Amendment Nos. 1 and 2to clarify the initial market price requirements, andthe maintenance trading volume requirements forshares of a Restructure Security issued pursuant toa public offering or rights distribution, as describedmore fully herein. See Letters from Michael Meyer,Attorney, Schiff Hardin & Waite, to Sharon Lawson,Senior Special Counsel, Office of MarketSupervision (‘‘OMS’’), Division of MarketRegulation (‘‘Market Regulation’’), Commission,dated January 30, 1996 (‘‘CBOE Amendment No.1’’); and to John Ayanian, Attorney, OMS, MarketRegulation, Commission, dated February 5, 1996(‘‘CBOE Amendment No. 2’’).

5 The Phlx and Amex submitted identicalamendments to reflect the changes set forth inCBOE’s Amendment Nos. 1 and 2. As indicatedabove, these amendments clarify the initial marketprice requirements, and the maintenance tradingvolume requirements for shares of a RestructureSecurity issued pursuant to a public offering orrights distribution, as described more fully herein.See Letter from Michele Weisbaum, AssociateGeneral Counsel, Phlx, to Michael Walinskas,Branch Chief, OMS, Market Regulation,Commission, dated February 21, 1996 (‘‘PhlxAmendment No. 1’’), and Letter from Howard A.Baker, Senior Vice President, Derivative Securities,Amex, to John Ayanian, Attorney, OMS, MarketRegulation, Commission, dated March 21, 1996(‘‘Amex Amendment No. 1’’).

6 See Amex rule 915; CBOE Rule 5.3; PSE Rule3.6; Phlx Rule 1009; and NYSE Rule 715.

7 Shares that are owned by persons required toreport their stock holdings under Section 16(a) ofthe Act (i.e., directors, officers, and 10% beneficialowners) are excluded from this calculation.

8 In addition to satisfying price, volume, publicownership, and holder requirements, for aRestructure Security to meet initial listingrequirements, it must also comply with allrequirements set forth by the Exchanges in theiroptions eligibility rules. For example, the securitymust be registered, and listed on a nationalsecurities exchange, or traded through the facilitiesof a national securities association and reported as

a ‘‘national market system’’ (‘‘NMS’’) security as setforth in Rule 11Aa3–1 under the Act, and the issuermust be in compliance with any applicablerequirements of the Act.

9 See Amex Rule 916; CBOE Rule 5.4; PSE Rule3.7; Phlx Rule 1010; and NYSE Rule 716.

10 Additional criteria permits the underlyingsecurity under certain circumstances to trade as lowas $3.00 for a temporary period of time. See Id.

11 In addition to satisfying the maintenancecriteria for market price and trading volume, for aRestructure Security to meet maintenancerequirements for an underlying security subject tooptions trading, it must also comply with all otherrequirements set forth by the Exchanges in theiroptions eligibility rules.

12 See Securities Exchange Act Release No. 36020(July 24, 1995), 60 FR 39029 (July 31, 1995) (orderapproving SR–CBOE–95–11; SR–Amex–95–07; SR–Phlx–95–12; and SR–PSE–95–04); See alsoSecurities Exchange Act Release No. 36029 (July 27,1995), 60 FR 40637 (August 9, 1995) (orderapproving SR–NYSE–95–07) (‘‘RestructuringTransactions Approval Orders’’).

13 A ‘‘restructuring transaction’’ is defined as aspin-off, reorganization, recapitalization,restructuring or similar corporate transaction.

14 Option contracts may not be initially listed fortrading in respect of a Restructure Security, whoseshares are issued by the Original Security to itsexisting shareholders, until the ex-date. The ex-dateoccurs at such time when shares of the RestructureSecurity become issued and outstanding and are thesubject of trading that are not on a ‘‘when issued’’basis or in any other way contingent on theissuance or distribution of the shares.

15 Aggregate market values will be based on shareprices that are either (a) all closing prices in theprimary market on the last business day precedingthe selection date or (b) all opening prices in theprimary market on the selection date. The aggregatemarket value of the Restructure Security may bedetermined from ‘‘when issued’’ prices, if available.

Asset values and revenues will be derived fromthe later of (a) the most recent annual financialstatements or (b) the most recent interim financialstatements of the respective issuers covering a

on January 30, and February 5, 1996,respectively.4 The Phlx and Amexsubmitted to the CommissionAmendment No. 1 to their proposals onFebruary 21, and March 21, 1996,respectively.5 This order approves theproposed rule changes, as amended, bythe CBOE, Amex, and Phlx, and theproposed rule changes by the NYSE,and PSE, on an accelerated basis.

II. Background

The Exchanges currently maintainuniform standards regarding theapproval for listing of underlyingsecurities for options trading.6Specifically, to be the subject of optionstrading, the underlying security mustmeet the following guidelines: (1)Trading volume in all markets of at least2.4 million shares in the precedingtwelve months (‘‘Volume Test’’); (2)market price per share of at least $7.50for the majority of business days duringthe three calendar month periodpreceding the date of selection (‘‘PriceTest’’); (3) a minimum public ownershipof 7 million shares (‘‘Public OwnershipRequirement’’);7 and (4) a minimum of2,000 holders (‘‘Holder Requirement’’).8

An exchange must determine that asecurity satisfies the aboverequirements, as of the date it is selectedfor options trading (‘‘selection date’’),which is the date the exchange files forcertification of the listing of the optionwith The Options Clearing Corporation(‘‘OCC’’). Depending upon the interestand response from other optionsexchanges, the exchange may generallybegin options trading from three to fivebusiness days after the selection date.

The Exchanges have adoptedmaintenance criteria for withdrawal ofapproval of an underlying securitysubject to options trading.9 A securitypreviously approved for optionstransactions shall be deemed not tomeet the guidelines for continued listingif (1) trading volume in all markets isless than 1.8 million shares in thepreceding twelve months(‘‘Maintenance Volume Test’’); (2)market price per share closes below$5.00 on a majority of business daysduring the preceding six calendarmonths (‘‘Maintenance Price Test’’);10

(3) public ownership amounts to fewerthan 6.3 million shares (‘‘MaintenancePublic Ownership Requirement’’); or (4)there are fewer than 1,600 holders(‘‘Maintenance HoldersRequirement’’).11

Both the initial and maintenancelisting criteria are intended to ensure,among other things, that options areonly traded on stocks with adequatedepth and liquidity so that the optionsand their underlying components arenot readily susceptible to manipulation.

The five options exchanges recentlyamended their rules to facilitate theearlier listing of options on securitiesissued in certain corporate restructuringtransactions.12 The amended rules applyto securities (‘‘Restructure Security’’)issued by a public company to existingshareholders, with existing publicly

traded shares subject to options trading,in connection with certain‘‘restructuring transactions.’’ 13

The amended rules facilitates theearlier listing of options on aRestructure Security by permitting anexchange to determine whether aRestructure Security satisfies theVolume Test and Price Test by referenceto the trading volume and market pricehistory of an outstanding equity security(‘‘Original Security’’) previously issuedby the issuer of the Restructure Security,or affiliate thereof.

In addition, the amended rulesprovide specific criteria for evaluatingthe distribution of shares of aRestructure Security for purposes ofmeeting the Public Ownership andHolder Requirements. To the extent thatthe initial options listing requirementsare satisfied based upon these‘‘lookback’’ provisions to the OriginalSecurity and the other provisions of theproposal, then an exchange will permitoptions trading to begin on the ex-datefor the restructuring transaction.14

In order to utilize the amended rules,the Restructure Security must firstsatisfy one of four alternate conditions.The first three alternate conditions areintended to ensure that the tradingvolume and market price history of theOriginal Security represent a reasonablesurrogate for determining the likelyfuture trading volume and price data ofthe Restructure Security. Under theseconditions either, (a) the aggregatemarket value of the RestructureSecurity, (b) the aggregate book value ofthe assets attributed to the businessrepresented by the Restructure Security(minimum $50 million) or (c) therevenues attributed to the businessrepresented by the Restructure Security(minimum $50 million) must exceedone of two stated percentages of thesame measure for the OriginalSecurity.15 The threshold percentages


period of not less than three months. Such financialstatements may be audited or unaudited and maybe pro forma.

16 See CBOE Rule 5.3, Interpretation and Policy.05; Amex Rule 915, Commentary .05; Phlx Rule1010, Commentary .05; PSE Rule 3.6, Commentary.05; and NYSE Rule 715, Supplementary Material.50.

17 As stated above, the special listing standardsadopted by the Exchanges currently apply to aRestructure Security, whose shares are issued by apublic company to its existing shareholders, withexisting public traded shares subject to optionstrading on an exchange, in connection with certainrestructuring transactions. See RestructuringTransactions Approved Orders, supra note 10.

will be 25% if the applicable measuredetermined with respect of the OriginalSecurity represents an interest in thecombined enterprise prior to therestructuring transaction, and 331⁄3% ifthe applicable measure determined withrespect of the Original Securityrepresents an interest in the remainderof the enterprise after the restructuringtransaction (‘‘Percentage Tests’’). Thefourth alternate condition is that theaggregate market value represented bythe Restructure Security be at least $500million (‘‘Aggreate Market Value Test’’).This condition is based on theExchanges’ view that even if aRestructure Security does not meet thecomparative tests outlined above, aRestructure Security with an aggregatemarket value of $500 million, by virtueof its absolute size, represents asubstantial portion of the OriginalSecurity, and thus should qualify for the‘‘lookback’’ provision.

If any one of the four conditions setforth above is satisfied, a RestructureSecurity will qualify for the ‘‘lookback’’provision. Under the ‘‘lookback’’provision, a Restructure Security may beeligible for options trading immediatelyupon its issuance provided thefollowing requirements are satisifed.First, the Restructure Security mustsatisfy the Volume and Price Tests. Anexchange may be permitted todetermine whether a RestructureSecurity satisfies the Volume and PriceTests by reference to the trading volumeand market price history of the OriginalSecurity. The trading volume andmarket price history of the OriginalSecurity that occurs prior to therestructuring ex-date can be used forthese calculations (emphasis added).Volume and price data may be derivedfrom ‘‘when issued’’ trading in theRestructure Security. However, once anexchange uses ‘‘when issued’’ volume orprices for the Restructure Security tosatisfy the relevant guidelines, it maynot use the Original Security for thatpurpose on any subsequent trading day.In addition, both the trading volumeand market price history of the OriginalSecurity must be used, if either is soused.

Additionally, an exchange mustdetermine whether a RestructureSecurity will satisfy the PublicOwnership and Holder Requirements.This determination will either be basedon facts and circumstances that willexist on the intended date for listing theoption, or based on assumptions that arepermitted under the proposal. Because

the shares of the Restructure Securityare to be issued or distributed to theshareholders of the issuer of theOriginal Security, these requirementsmay be satisfied based upon theexchange’s knowledge of the existingnumber of outstanding shares andholders of the Original Security.

Moreover if a Restructure Security isto be listed on an exchange or in anautomatic quotation system that subjectsit to an initial listing requirement of noless than 2,000 holders, then the optionsexchange may assume that the HolderRequirement will be satisfied. Similarly,if a Restructure Security is to be listedon an exchange or in an automaticquotation system subject to an initiallisting requirement of no less thanpublic ownership of 7 million shares,then the options exchange may assumethat Public Ownership Requirement willbe satisfied. Additionally, if anexchange determines that at least 40million shares of a Restructure Securitywill be issued and outstanding in arestructuring transaction, then it mayassume that the Restructure Securitywill satisfy both the Public Ownership,and Holder Requirements.

An exchange, however, shall not relyon the above assumptions if, afterreasonable investigation, it determinesthat either the public ownership ofshares or the holder requirement, infact, will not be satisfied on theintended date for listing the option.Additionally, other exchanges will havethe opportunity to challenge thecertification by demonstrating, amongother things, that the RestructureSecurity will not meet the initial listingcriteria with respect to publicownership and holders.

Finally, the Exchanges adopted asimilar ‘‘lookback’’ provision for theMaintenance Volume Test and theMaintenance Price Test. Specifically, forpurposes of satisfying theserequirements, the trading volume andmarket price history of the OriginalSecurity, as well as any ‘‘when issued’’trading in the Restructure Security, canbe used for such calculations, providedthat they are only used for determiningprice and volume history for the periodprior to commencement of trading in theRestructure Security.

III. Description of the ProposalsThe purpose of the proposed rule

changes is to amend the Exchanges’special listing standards 16 that apply tooptions on equity securities issued in

certain restructuring transactions toinclude securities issued pursuant to apublic offering or a rights distributionthat is part of a restructuringtransaction.

As recently approved by theCommission, the Exchanges’ acceleratedlisting criteria for options onRestructure Securities does not extendto restructuring transactions involvingthe issuance of shares of a RestructureSecurity in a public offering or a rightsdistribution.17

The Exchanges note that when sharesof a Restructure Security are issued ina public offering or pursuant to a rightsdistribution, it cannot automatically beassumed that the shareholderpopulation of the Restructure Securityand the Original Security will be thesame. Instead, the shareholders of aRestructure Security issued in a publicoffering will be those persons whosubscribed for and purchased thesecurity in the offering, and theshareholders of a Restructure Securityissued in a rights distribution will bethose persons who received rights viasuch an offering, or purchased suchrights and elected to exercise them.Even in the case of a distribution ofnontransferable rights to shareholders ofthe Original Security, not all suchshareholders may choose to exercisetheir rights. As a result, it cannot beassumed that the Restructure Securitywill necessarily satisfy listing criteriapertaining to minimum number ofholders, minimum public ownership ofshares, and trading volume simplybecause the Original Security satisfiedthese criteria.

The Exchanges believe, however, thatit is appropriate and desirable to be ableto list options overlying securitiesissued in reorganizations involvingpublic offerings or rights distributionswithout significant delay, providedthere are reasonable assurances that theRestructure Securities satisfy applicableoptions listing standards. That is,shareholders of an Original Securitywho utilize options to manage the risksof their stock positions may well findthemselves to be shareholders of boththe Original Security and theRestructure Security following areorganization because they chose topurchase the Restructure Security in apublic offering or to exercise rights inorder to maintain the same investment


18 This requires that the Restructure Securitymust have actually been issued and traded for atleast 5 consecutive trading days before it can beselected for options trading.

19 See CBOE Amendment No. 1, supra note 4; seealso Amex Amendment No. 1, and PhlxAmendment No. 1, supra note 5.

20 See CBOE Amendment No. 1, supra note 4; seealso Amex Amendment No. 1, and PhlxAmendment No. 1, supra note 5.

21 15 U.S.C. 78f(b)(5).

22 See supra Section II.23 Although the proposals do not specifically

address it, the Commission understands that theapplication of the proposals is limited solely tothose instances where options are listed on theOriginal Security.

24 The Commission notes that the comparativeasset values and revenues, when used to determine

position they had prior to thereorganization. Such holders may wantto continue to use options to manage therisks of their combined stock positionafter the reorganization, but they can doso only if options on the RestructureSecurity are available. The Exchangesbelieve that it is important to avoid anyundue delay in the introduction ofoptions trading in such a RestructureSecurity in circumstances where there issound reason to believe that theRestructure Security will in fact satisfyoptions listing standards.

Accordingly, the Exchanges haveproposed certain special listing criteriato address the attendant concerns. Aswith the options listing standards forshares of a Restructure Security issue toshareholders of the Original Security incertain restructuring transactions, anexchange will be able to assume thesatisfaction of the Public Ownershipand Holder Requirements in publicofferings and rights distributions, if theRestructure Security is listed on anexchange or an automatic quotationsystem subject to equivalent listingrequirements or at least 40,000,000shares of the Restructure Security areissued and outstanding. Moreover, afterdue diligence, an exchange must haveno reason to believe that the RestructureSecurity does not satisfy theserequirements.

Additionally, the closing prices of theRestructure Security on each of the fiveor more consecutive ‘‘regular way’’trading days prior to the selection datemust be at least $7.50 per share.18 Inaddition to this requirement, the PriceTest must also be separately met.Satisfaction of the Price Test may bebased on the market price history of theRestructure Security from the ex-datefor the restructuring transaction to theselection date, and the market pricehistory of the Original Security prior tothe ex-date for restructuringtransaction.19 In the event theRestructure Security has a closing pricethat is less than $7.50 on any of thetrading days preceding its selectiondate, or an opening price that is lessthan $7.50 on its selection date, theRestructure Security itself will have tosatisfy the Price Test. This wouldrequire the Restructure Security to closeat or above $7.50 on a majority oftrading days over a period of threemonths before it can be certified aseligible for options trading. In order to

rely, in part, on the market price historyof the Original Security to satisfy thePrice Test, the Restructure Securitymust still meet the Percentage Tests orthe Aggregate Market Value Test asoutlined above in Section II. Finally,trading volume in the RestructureSecurity itself, without reliance on theOriginal Security, must be at least2,400,000 shares during a period oftwelve months or less up to the time thesecurity is so selected.

For any Restructure Security issued ina public offering or a rights distributionthat satisfies these requirements, theeffect of the proposed rule changes willbe to permit its certification for optionstrading to take place as early as on thesixth day after trading in the RestructureSecurity commences.

Finally, the Maintenance Volume Testapproved in the RestructuringTransactions Approval Orders isproposed to be amended to provide thatin the case of a Restructure Securityissued in a public offering or pursuantto a rights offering and approved foroptions trading on an accelerated basis,the Maintenance Volume Test may notbe satisfied on the basis of the tradingvolume history of the Original Security,but instead it must be satisfied solely onthe basis of the trading volume historyof the Restructure Security.20

IV. Commission Findings andConclusions

The Commission finds that theproposed rule changes are consistentwith the requirements of the Act and therules and regulations thereunderapplicable to a national securitiesexchange, and, in particular with therequirements of Section 6(b)(5),21 in thatthe rules of an exchange be designed topromote just and equitable principles oftrade, to prevent fraudulent andmanipulative acts, and, in general, toprotect investors and the public interest.

The Commission believes that it isnecessary for securities to meet certainminimum standards regarding both thequality of the issuer and the quality ofthe market for a particular security tobecome options eligible. Thesestandards are imposed to ensure thatthose issuers upon whose securitiesoptions are to be traded are financiallysound companies whose tradingvolume, market price, number ofholders, and public ownership of sharesare substantial enough to ensureadequate depth and liquidity to sustainoptions trading that is not readily

susceptible to manipulation. TheCommission also recognizes that undercurrent equity options listing criteria,investors may be precluded for asignificant period from employing anadequate hedging strategy involvingoptions on any newly acquiredRestructure Security acquired pursuantto a public offering or rights distributionin connection with a restructuringtransaction.

Accordingly, to determine whetherthe earlier listing of options overlying aRestructure Security issued pursuant toa public offering or rights distribution isreasonable, the Commission mustbalance the benefits of providingadequate hedging strategies toshareholders of the RestructureSecurity, and the risks of approvingcertain securities for options tradingbefore such securities can conclusivelybe determined to satisfy the optionseligibility criteria.22 The Commissionbelieves that the proposed limitedexception to established equity optionslisting procedures where a publicoffering or rights distribution is solelyrelated to a restructuring of an OriginalSecurity, and the Original Security isalready the subject of options trading,strikes such a reasonable balance.

As discussed in more detail below,the Commission believes that theconditions of the new rule will help toensure that only those securities that aremost likely to have adequate depth andliquidity will be eligible for optionstrading prior to the establishment of arecognized trading history.Additionally, by facilitating the earlierlisting of options on a RestructureSecurity issued pursuant to a publicoffering or rights distribution, theCommission believes that investorsshould be able to better hedge the riskof their newly acquired stock position inthe Restructure Security.23

Despite the benefits of the proposal,the Commission believes that theproposal should only apply torestructuring transactions that involvefinancially sound and sufficiently largecompanies. The Commission believesthat the Exchanges have adequatelyaddressed this concern by requiring theRestructure Security to either satisfycertain comparative tests (comparing theRestructure Security, or its relatedbusiness with that of the OriginalSecurity, or its related business,24 or


whether the above-mentioned conditions aresatisfied, shall be derived ‘‘from the later of themost recent annual or most recently availablecomparable interim (not less than three months)financial statements.’’ This provision means thatthe interim financial statements must cover a periodof not less than three months.

25 See Restructuring Transactions ApprovalOrders, supra note 12.

26 See Paragraph 102.01 of the NYSE’s ListedCompany Manual. See also Securities Exchange ActRelease No. 35571 (April 5, 1995), 60 FR 18649(April 12, 1995) (order approving proposed rulechange relating to domestic listing standards).

meet a very high aggregate market valuestandard ($500 million).25

The Commission believes that if oneof the comparative tests or the aggregatemarket value standard is satisfied, theRestructure Security should qualify forthe ‘‘lookback’’ provision. Under the‘‘lookback’’ provision, a RestructureSecurity will be able to satisfy the PriceTest if the market price history of theRestructure Security, together with themarket price history of the OriginalSecurity occurring prior to the ex-date,meet the initial listing requirements formarket price of the Restructure Security.The Commission believes that theadditional requirement under theExchanges’ proposed rules that theclosing price of the Restructure Securityon each of the five or more consecutive‘‘regular way’’ trading days prior to theselection date must be at least $7.50 pershare provides an exchange with areasonable sample price history of theRestructure Security before selection ispermitted.

The Commission also believes that itis appropriate for an exchange to count‘‘when issued’’ trading in theRestructure Security when determiningif the Restructure Security will satisfythe Price Test set forth in the initialoptions listing requirements. However,once an exchange begins to use ‘‘whenissued’’ volume or price history for theRestructure Security to satisfy the PriceTest, it may not use the OriginalSecurity for such purposes on anysubsequent trading day. For example, ifin order to satisfy the Price Test for aRestructure Security for which the ex-date is April 1, 1996, and the selectiondate for the Restructure Security is April8, 1996, an exchange may elect to baseits determination on the market price ofthe Original Security from October 9,1995 through March 1, 1996, the marketprice is the when-issued market for theRestructure Security from March 7, 1996through March 31, 1996, and the‘‘regular way’’ trading market price ofthe Restructure Security from April 1through April 8, 1996, in determiningwhether options covering theRestructure Security may be certified foroptions trading on the April 8, 1996selection date. An exchange, however,would be permitted to use the pricehistory of the Original Securitythroughout the period from October 9,

1995 through March 31, 1996, providedthat it did not rely on any when-issuedmarket price history during that period.

The Commission notes that anexchange will not use trading historyrelating to the Original Security after theex-date to meet the initial options listingrequirements for the option contractsoverlying the Restructure Security.Additionally, the condition that optioncontracts overlying a RestructureSecurity will not be initially listed fortrading until such time as shares of theRestructure Security are issued andoutstanding and are the subject of‘‘regular way’’ trading for at least 5trading days will serve to (1) ensure thatoptions will only be traded on aRestructure Security when it is certainthe security is actually issued andoutstanding, and (2) provide anopportunity to better determine if theHolder and Public OwnershipRequirements have been met.

The Commission notes that theExchanges may not apply the‘‘lookback’’ provision to satisfy theVolume Test for a Restructure Securityissued pursuant to a public offering orrights distribution. The trading volumein the Restructure Security must be atleast 2,400,000 shares during a period oftwelve months or less up to the time thesecurity is so selected. The Commissionbelieves that this requirement willensure that there is adequate liquidity inthe Restructure Security, issuedpursuant to a public offering or rightsdistribution, to qualify for optionstrading.

In addition to satisfying the Volumeand Price Tests, a Restructure Securitymust also meet certain distributionrequirements before an exchange candeem such security to be optionseligible. Specifically, the RestructureSecurity must have 2,000 holders, and7 million shares must be owned bypersons not required to report theirstock holdings under Section 16(a) ofthe Act to be options eligible. Theproposal provides that an exchange maymake certain limited assumptions todetermine the Public Ownership andHolder Requirements. First, if aRestructure Security is to be listed on anexchange or in an automatic quotationsystem that has, and applies to theRestructure Security, an initial listingrequirement that the issuer have no lessthan 2,000 holders, the Commissionbelieves that it is reasonable for anexchange to assume that its comparableoption listing requirement will besatisfied. Second, if a RestructureSecurity is to be listed on an exchangeor in an automatic quotation system thathas, and applies to the RestructureSecurity, an initial listing requirement

of no less than public ownership of 7million shares, the Commission believesthat it is reasonable for an exchange toassume that its comparable optionlisting requirement will be satisfied.

The Commission notes that currentlyno exchange or automatic quotationsystem has a public ownership initialstock listing standard that is as stringentas those required under the optionseligibility requirements. Moreover, astock exchange may now be able to liststocks pursuant to alternate listingstandards. For example, theCommission has recently approvedalternate listing standards for companieslisted on the New York Stock Exchange(‘‘NYSE’’), including, among otherthings, the distribution of shares.26

Under these alternate listing standards,the NYSE is currently allowed to listcertain companies with 500shareholders that meet heightenedrequirements in other areas in lieu of its2,200 total shareholder requirements.Therefore, the Exchanges should becareful to precisely determine whichlisting standards are being applied tothe listing of the Restructure Securityprior to making a determination as towhether the Restructure Security meetsthe corresponding options listingcriteria.

Additionally, current options listingcriteria for securities issued pursuant torestructuring transactions provide that ifat least 40 million shares of aRestructure Security will be issued andoutstanding in a restructuringtransaction, an exchange may assumethat the Restructure Security will satisfyboth the public ownership of shares andholder requirements. The Commissionbelieves this is appropriate because itappears unlikely that a RestructureSecurity with at least 40 million issuedand outstanding shares, will have fewerthan 2,000 holders or less than 7 millionshares owned by persons not required toreport their stock holdings underSection 16(a) of the Act.

The Commission believes thatconcerns associated with the ability ofan exchange to make important listingdecisions based on assumptions ratherthan confirmed facts are alleviated bythe crucial provision that an exchangeshall not rely on the above assumptionsif, after a reasonable investigation, itdetermines that either the publicownership of shares or the holderrequirement, in fact, will not be satisfiedon the intended date for listing theoption. At the very least, an exchange


27 See supra note 19 and accompanying text.28 See supra note 20 and accompanying text.

29 15 U.S.C. 78s(b)(2).30 17 CFR 200.30–3(a)(12).

should investigate the basis for itsassumptions regarding the publicownership of shares and number ofshareholders just prior to selecting theoption and just prior to trading theoption, utilizing a worst case analysis inmaking its assumptions that theRestructure Security will meet theselisting standards.

In addition, other exchanges willcontinue to have the opportunity tochallenge the certification bydemonstrating that the RestructureSecurity will not meet the initial listingcriteria with respect to publicownership and holders. TheCommission believes that this provisionprovides an important check and shouldhelp to ensure that no unqualifiedsecurities are listed for options trading.

The Commission also believes that itis appropriate for an exchange to applythe ‘‘lookback’’ provision, to determineif a Restructure Security will satisfy theMaintenance Price Test. TheCommission believes that it isappropriate to use the market pricehistory of the Original Security, as wellas any ‘‘when issued’’ trading in theRestructure Security for suchcalculations, provided that they are onlyused for determining price history forthe period prior to commencement oftrading in the Restructure Security.

The Commission notes that becausethe Maintenance Price Test is calculatedon a rolling forward basis, ‘‘whenissued’’ trading history for theRestructure Security or trading historyfor the Original Security prior to the ex-date may be used for maintenancecalculations for no more than sixmonths after the ex-date for theRestructure Security. For example, inorder to satisfy the Maintenance PriceTest for a Restructure Security on April1, 1996, with an ex-date of February 1,1996, an exchange may elect to base itsdetermination on the trading price ofthe Original Security from October 1,1995 through January 15, 1996, thetrading price in the when-issued marketfor the Restructure Security fromJanuary 16, 1996 through January 31,1996, but must use the ‘‘regular way’’trading price in the Restructure Securityfrom February 1, 1996 through April 1,1996.

The Commission believes that it isappropriate not to rely on the tradingvolume of the Original Security insatisfying the Maintenance VolumeTest, because the trading volume of theRestructure Security must solely satisfythe initial listing requirements fortrading volume before it is eligible foroptions trading.

The Commission finds good cause forapproving the proposed rule change by

the PSE and the NYSE prior to thethirtieth day after the date ofpublication of notice of filing thereof inthe Federal Register. Specifically, theCommission notes that the PSE’s andNYSE’s proposed rule changes aresubstantively similar to those proposedby the CBOE, Amex, and Phlx. The PSEand NYSE rule change proposals raisesno issues that are not raised by the otherexchanges. Additionally, theCommission notes that the CBOE,Amex, and Phlx proposals were subjectto a full notice and comment period,and no comments were received.Accordingly, the Commission believesthat it is consistent with Section 6(b)(5)of the Act to approve PSE’s and NYSE’sproposed rule changes on an acceleratedbasis.

The Commission also finds goodcause for approving CBOE AmendmentNos. 1 and 2, Amex Amendment No. 1,and Phlx Amendment No. 1, allcomprising the same substantivechanges to their respective proposals,prior to the thirtieth day after the dateof publication of notice of filing thereofin the Federal Register. Specifically, theamendments clarify the initial marketprice requirements,27 and themaintenance trading volumerequirements 28 for shares of aRestructure Security issued pursuant toa public offering or rights distribution.Because the amendments accuratelyreflect the intent of the rule as originallyproposed, and merely provide clarifyinglanguage, the Commission does notbelieve that the amendments raise anynew or unique regulatory issues.Accordingly, the Commission believesthat it is consistent with Sections 6(b)(5)and 19(b)(2) of the Act to approve theforegoing amendments to CBOE’s,Amex’s, and Phlx’s proposed rulechanges on an accelerated basis.

Interested persons are invited tosubmit written data, views andarguments concerning the PSE andNYSE proposals; CBOE AmendmentNos. 1 and 2; Amex Amendment No. 1;and Phlx Amendment No. 1. Personsmaking written submission should filesix copies thereof with the Secretary,Securities and Exchange Commission,450 Fifth Street, N.W., Washington, D.C.20549. Copies of the submission, allsubsequent amendments, all writtenstatements with respect to the proposedrule change 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 the

public in accordance with theprovisions of 5 U.S.C. § 552, will beavailable for inspection and copying atthe Commission’s Public ReferenceSection, 450 Fifth Street, N.W.,Washington, D.C. 20549. Copies of suchfiling will also be available forinspection and copying at the principaloffices of the Exchanges. Allsubmissions should refer to SR–CBOE–95–58; SR–Amex–95–47; SR–Phlx–95–90; SR–PSE–96–05; and SR–NYSE–96–03 and should be submitted by April 19,1996.

V. ConclusionBased on the above findings, the

Commission believes the proposals areconsistent with Section 6(b)(5) of theAct by facilitating transactions insecurities while at the same timeensuring continued protection ofinvestors. The new accelerated listingprocedures only apply where a publicoffering or rights distribution is solelyrelated to a restructuring of the OriginalSecurity, and the Original Security isalready subject to options trading. Thisfact, along with the other strictconditions of the rule should help toidentify for accelerated optionseligibility only those RestructureSecurities that will have adequate depthand liquidity to support options trading.At the same time it will provideinvestors with a better opportunity tohedge their positions in both theOriginal and the Restructure Security.

It is therefore ordered, pursuant toSection 19(b)(2) of the Act,29 that theproposed rule changes (SR–CBOE–95–58; SR–Amex–95–47; Phlx–95–90; SR–PSE–96–05; and SR–NYSE–96–03), asamended, are approved.



[Release No. 34–37014; File No. SR–NASD–96–05]

Self-Regulatory Organizations; OrderApproving Proposed Rule Change byNational Association of SecuritiesDealers, Inc. Relating to the MutualFund Quotation Service

March 22, 1996.On February 5, 1996, the National

Association of Securities Dealers, Inc.(‘‘SEC’’ or ‘‘Commission’’) the proposedrule change pursuant to Section 19(b)(1)


1 15 U.S.C. 78s(b)(1) (1988).2 17 CFR 240.19b–4.3 Pursuant to a new rule numbering system for the

NASD Manual anticipated to be effective no laterthan May 1, 1996, the rules that are the subject ofthis proposed rule change will become Rule 7090(regarding fee structure), and Rule 6800 (regardingdescription of the Service). See Exchange ActRelease No. 36698 (January 11, 1996), 61 FR 1419(January 19, 1996) (order approving new rulenumbering system).

1 15 U.S.C. 78s(b)(1).2 17 CFR 240.19b–4.3 The proposed rule change defines an auction

rate preferred security as a preferred securitypursuant to which the dividend rate is establishedperiodically by auction or remarketing at specifiedreset periods.

4 See Letter from Dorothy M. Donohue, AssistantCounsel, Investment Company Institute, to JonathanG. Katz, Secretary, SEC, dated March 5, 1996.

5 Amendment No. 1 made clarifying changes tothe text of the rule proposal. See Letter dated March13, 1996, from James E. Buck, Senior Vice Presidentand Secretary, NYSE, to Glen Barrentine, TeamLeader, SEC.

of the Securities Exchange Act of 1934(‘‘Act’’) 1 and Rule 19b–4 thereunder.2The proposed rule change revises thefee structure for the Mutual FundQuotation Service (‘‘MFQS’’ or‘‘Service’’) and updates the name of theService in the NASD Rules. Notice ofthe propose the rule change, togetherwith the substance of the proposal, wasissued by Commission release(Securities Exchange Act Release No.36840, February 13, 1996) and bypublication in the Federal Register (61FR 6674, February 21, 1996). Nocomment letters were received. TheCommission is approving the proposedrule change.

I. Background

The purpose of the proposed rulechange is to revise the fee structure forthe Service to account for significantenhancements and to reflect moreaccurately the value of the Service intoday’s market. The Service facilitatesthe public dissemination of daily priceinformation for mutual funds andmoney market funds through thebroadcast media and the newspapers.After the market close each day, mutualfund companies or their agents calculatethe net asset value (‘‘NAV’’), and insome cases the dividend, capital gain,and other pertinent information for eachfund. This information is submitted tothe NASD by computer, which in turndisseminates it out to the media in astatic batch transmission atapproximately 5:40 p.m. Depending onthe size and number of shareholders,funds may quality for inclusion in eitherthe News Media List or theSupplemental List.

II. The terms of Substance of theProposed Rule Change

The proposed rule change amendsPart VIII and Part XIV of Schedule D tothe NASD B-Laws.3 Under the proposedrule change, new mutual funds will beassessed a one-time applicationprocessing fee of $250 per fund. Inaddition, the fee to include a fund in theNews Media List will increase from$150 to $275 per year. The fee toinclude a fund in the Supplemental Listwill increase from $100 to $200 peryear.

III. Discussion

The Commission believes that theproposed rule change is consistent withthe provisions of Section 15A(b)(5) ofthe Act, which requires that the rules ofa national securities association providefor the equitable allocation of reasonabledues, fees, and other charges amongmembers and issues and other personsusing any facility or system which theassociation operates or controls. Thecurrent fees have remained unchangedover a ten year period since inception ofthe Service, although the number offunds and shareholder accounts haveincreased more than three-fold. Inaddition, the one-time application feefor new funds is intended to defray thecosts incurred in processingapplications.

The fee increases are necessary toprovide benefits to mutual funds, theiragents, and the media. Severalenhancements to the Service, includingthe establishment of a system of rollingdissemination of prices, will improvethe distribution to the media of priceinformation in a timely fashion. Rollingdissemination of prices will allowmutual funds and their agents to enterreal-time updates throughout the daywhich will decrease rushed end-of-daytransmissions of price information. Themedia will have more time to prepare itsdaily fund tables for inclusion innewspapers because the media will bereceiving fund NAVs when they areavailable. Furthermore, the public thathas increased its reliance on daily priceinformation will benefit from real-timeupdates of price information whichreduce the risk that the media will notreceive any price information forpublication. If a transmission problemoccurs between 4:00 p.m. and 5:40 p.m.,the media already will have receivedsome fund information for publication,instead of relying on a single batchtransmission at 5:40 p.m., as in the casetoday.

It is therefore ordered, pursuant toSection 19(b)(2) of the Act, that theproposed rule change SR–NASD–96–05be, and hereby is, approved.

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority, 17 CFR 200.30–3(a)(12).Jonathan G. Katz,Secretary.[FR Doc. 96–7642 Filed 3–28–96; 8:45 am]BILLING CODE 8010–01–M

[Release No. 34–37015; File No. SR–NYSE–96–02]

Self-Regulatory Organizations; NewYork Stock Exchange, Inc.; OrderGranting Approval to Proposed RuleChange and Notice of Filing and OrderGranting Accelerated Approval ofAmendment No. 1 Relating to Voting ofProxies by Member Firms for Holdersof Auction Rate Preferred Securities

March 22, 1996.

I. IntroductionOn February 1, 1996, the New York

Stock Exchange, Inc. (‘‘NYSE’’ or‘‘Exchange’’) submitted to the Securitiesand Exchange Commission (‘‘SEC’’ or‘‘Commission’’), pursuant to Section19(b)(1) of the Securities Exchange Actof 1934 (‘‘Act’’) 1 and Rule 19b–4thereunder,2 a proposed rule changethat would allow the Exchange’smember firms, under certain conditions,to vote the shares of auction ratepreferred securities 3 that they hold onbehalf of their customers,notwithstanding the failure of thebeneficial holders to provideinstructions regarding the voting of suchshares.

The proposed rule change waspublished for comment in SecuritiesExchange Act Release No. 36813(February 6, 1996), 61 FR 5592(February 13, 1996). One comment letterwas received on the proposal.4 TheNYSE filed Amendment No. 1 with theCommission on March 18, 1996.5 Thisorder approves the proposal, includingAmendment No. 1 on an acceleratedbasis.

II. DescriptionAuction rate preferred securities are

preferred securities with dividend ratesthat are established periodically byauction or remarketing at specified resetperiods. At the auction date, whichtypically runs every seven days but insome instances can be one to five years,the investors receive their entireinvestment along with accrueddividends, and may, if they so chose,participate in the repurchase of shares at


6 Voting by member firms on routine items isgoverned by NYSE Rule 452.10, which allowsmember firms to vote without customer instructionson routine items, provided that the member hastransmitted proxy soliciting material to thebeneficial owner in accordance with NYSE Rule451 and the member has not received votinginstructions from the beneficial owner by the datespecified in the statement accompanying suchmaterial.

7 The transmittal of proxy soliciting material tothe beneficial owner must be undertaken inaccordance with NYSE Rule 451.

8 Because the 10% threshold is based upon theoutstanding shares of a class or series rather thanthe shares actually voted, the proportion of negativevotes among the shares actually voted is likely tobe significantly higher than the 10% threshold. Forexample, where only 30% of the outstanding sharesof a class vote, a negative vote of at least 33% ofthe shares of such class that actually vote would benecessary to exceed the 10% threshold. However,even a situation where the proportion of negativevotes approached the 10% threshold, the measurewill have been approved by a substantial majorityof the outstanding shares voting.

9 The proposed rule change also renumbersexisting Exchange Rules 452.12 through 452.16without change to Rules 452.13 through 452.17 andListed Company Manual Paragraphs 402.08 (C)through (G) without change to 402.08 (D) through(H).

10 See letter from Dorothy M. Donohue, AssistantCounsel, Investment Company Institute, to JonathanG. Katz, Secretary, SEC, dated March 5, 1996(‘‘Comment Letter’’).

11 These provisions set forth conditions that mustbe satisfied before a member organization may voteauction rate preferred securities and, as originallyproposed, required that at least 30% of theoutstanding issue be voted by beneficial holdersand that less than 10% of the issue voted againstthe proposal.

13 Of course, where the beneficial shareholderactually does vote his or her shares, the proposedrules would prohibit the member firm fromproportionally voting such shares.

the new dividend rate for the ensuingrate period.

Because of the short-term nature ofthese securities, auction rate preferredshareholders generally have littleeconomic interest in the performance ofthe issuer and its governance structure.As a result, the Exchange hasrepresented that corporate issuers ofthese securities often find it difficult toobtain a quorum of auction ratepreferred shareholders when such arequirement exists. Such failure blocksthe approval of matters that require sucha quorum.

The proposed rule change wouldallow member firms to vote the sharesof auction rate preferred securities withauction reset periods of less than oneyear, on non-routine items,6 inproportion to those votes cast bybeneficial holders of each class of suchsecurities (or of each series where anitem must be voted upon separately byeach series), as long as:

(i) The issuer has transmitted proxysoliciting material to the beneficialowner or its designee;7

(ii) It has not received votinginstructions from the beneficial owneror its designee within the time periodspecified in the proxy material;

(iii) At least 30% of the outstandingshares of the same class or series (wherea series vote is required) has been votedby preferred security holders;

(iv) Less than 10% of the outstandingshares of the same class or series (wherea series vote is required) has been votedby preferred security holders against theproposal;8

(v) For any proposal as to which boththe common and the preferred holdersvote as a single class, proportionalvoting would not be allowed unlesscommon shareholders have alsoapproved the item;

(vi) A majority of the independentdirectors of the issuer’s board ofdirectors have approved the item; and

(vii) Adequate disclosure ofproportional voting has been provided.

The proposed rule change will inserta new Rule 452.12 into the Exchange’sRules of the Board of Governors as wellas an identical Paragraph 402.08(C) intothe Exchange’s Listed CompanyManual.9

III. Summary of CommentsThe Commission received one

comment letter from the InvestmentCompany Institute (the ‘‘CommentLetter’’).10 The Comment Lettersupported the proposed amendment andurged the Commission to approve itpromptly. It did note its belief, however,that the term ‘‘issue,’’ as used inconditions (3) and (4) of the proposedrule, was ambiguous.11 The CommentLetter stated its understanding that theterm ‘‘issue’’ was intended to refer to allof the outstanding preferred shares of anissuer rather than the separate series ofthe issuer’s preferred shares andrecommended that it be defined in theproposed rules in such manner or thatsuch understanding be reflected in theCommission’s release adopting theproposed amendment.

In response, the NYSE submittedAmendment No. 1 amending conditions(3) and (4) of the proposed rules. Theseprovisions set forth conditions that mustbe satisfied before a memberorganization may vote auction ratepreferred securities. As proposed to beamended by Amendment No. 1, theseprovisions would prohibit a memberfirm from voting the shares of auctionrate preferred securities that it held onbehalf of its customers unless at lest30% of the outstanding shares of eachclass or each series, where a series voteis required, vote and less than 10% ofeach such class or series vote against theproposal.

IV. DiscussionAfter careful consideration, the

Commission finds that the proposed

rule change is consistent with therequirements of the Act and the rulesand regulations thereunder applicable toa Commission believes the proposal isconsistent with the Section 6(b)(5)requirements that the rules of anexchange be designed to promote justand equitable principles of trade, toprevent fraudulent and manipulativeacts, and, in general, to protect investorsand the public.

The Commission has reviewedcarefully the Exchange’s proposal toamend its rules to allow member firms,under very limited conditions, to voteon non-routine matters the auction ratepreferred securities that they hold onbehalf of their customers,notwithstanding the failure of thebeneficial holders to provideinstructions regarding the voting of suchshares. The Commission believes thatsuch proposal adequately addresses theparticular needs of issuers of suchsecurities to be able to obtain a quorumof preferred shareholders, while, at thesame time, protecting the rights of theholders of such shares.

Under the Exchange’s proposal,member firms would be allowed to voteauction rate preferred securities that areheld on behalf of their customers inproportion to the voting instructionsreceived from holders of the same class(or of the same series where the itemmust be voted upon separately by eachseries) only under very limitedcircumstances. These circumstanceswould include a condition that thesecurities must have reset periods of oneyear or less, which serves to limit thisprovision to those securities that,because of their short-term nature, leaveshareholders with little economicinterest in the performance of the issuer.Further, the issuer must havetransmitted proxy those securities that,because of their short-term nature, leaveshareholders with little economicinterest in the performance of the issuer.Further, the issuer must havetransmitted proxy soliciting material tothe beneficial owner or its designee inaccordance with NYSE Rule 451. Thiscondition ensures that beneficialholders will continue to have the choiceof voting their shares if they so desireand the information necessary to allowthem to make an informed votingdecision.13 The shareholder also mustreceive adequate disclosure of themember firm’s ability to vote such


14 As to any proposal that requires the commonand preferred holders to vote as a single class, theabove provisions, if read in combination, could beunderstood as conditioning the member firm’s rightto vote on the requirement that less than 10% ofthe outstanding shares of such combined class notvote against the proposal. The Exchange hasinformed the Commission, however, that it wouldinterpret the 10% threshold as applying only to theoutstanding preferred shares such that a memberwould not be prohibited from voting if 10% or moreof the outstanding shares of a combined class ofcommon and preferred voted against the proposalso long as less than 10% of the preferred shares didnot vote against the proposal. The Exchange hasfurther represented that it intends to notify itsmembers of this interpretation though anInterpretation Memo. Telephone conversationbetween John Longobardi, Managing Director,NYSE, and Glen Barrentine, SEC, dated March 21,1996.

15 15 U.S.C. 78s(b)(2).16 17 CFR 200.30–3(a)(12).

1 15 U.S.C. 78s(b)(1) (1988).2 NYSE Listed Company Manual Section 703.16

defines a Unit as a security that represents aninterest in a registered investment company thatcould be organized as a unit investment trust, anopen-end management investment company, or asimilar entity.

3 ‘‘CountryBasket,’’ ‘‘CountryBaskets’’ and ‘‘CB’’are trademarks of Deutsche Bank SecuritiesCorporation).

shares in the absence of the beneficialholder exercising such right.

Moreover, under the proposal amember firm’s right to vote such shareswould be limited to proposals that havereceived the vote of at least 30% of theoutstanding shares of each class orseries (where a series vote is required)of the auction rate preferred shares. Thiswill ensure that the member firm’sproportional vote mirrors the vote of asignificant portion of the totaloutstanding auction rate preferredshares. In addition, the member firmwould be prohibited from voting where10% or more of the outstanding sharesof the same class or series (where aseries vote is required) voted against theproposal and, in the case of a proposalthat requires both the common and thepreferred holders to vote as a singleclass, where the proposal does notreceive the separate approval of thecommon shareholders.14 Theseprovisions effectively limit the memberfirm’s proportional vote to matters thatare strongly supported by those auctionrate preferred holders who do vote and,where necessary, approved by thecommon shareholders. Finally, tofurther ensure fairness, the member firmmay only vote on matters that have beenapproved by a majority of an issuer’sindependent directors.

The Commission believes that theseconditions protect the rights of theholders of auction rate preferredsecurities by sufficiently limiting theright of member firms to vote, on non-routine items, the shares of suchsecurities that they hold on behalf oftheir customers. At the same time, theExchange’s proposal should meet itsobjective of assisting issuers inobtaining approval of matters that areoverwhelmingly supported by auctionrate preferred shareholders who do vote.

Moreover, the Commission believesthat the amended language adopted bythe Exchange with regard to subsections(iii) and (iv) of the proposed rule change

is preferable to the alternative offered inthe Comment Letter. The Exchange’sapproach, which applies the 30% and10% thresholds to the same class orseries (where a series vote is required)instead of to all of the outstandingpreferred shares, offers greaterprotection to the voting interests ofholders of each class or series, asapplicable.

The Commission finds good cause forapproving Amendment No. 1 prior tothe thirtieth day after the date ofpublication of notice thereof in theFederal Register. Amendment No. 1made clarifying, technical changes tothe text of the rule, and did not proposenew substantive provisions to theproposed rule change. Accordingly, theCommission believes that consistentwith Section 19(b)(2), good cause existsto accelerate approval of AmendmentNo. 1.

V. Solicitation of Comments

Interested persons are invited tosubmit written data, views andarguments concerning Amendment No.1 to the proposed rule change. Personsmaking written submissions should filesix copies thereof with the Secretary,Securities and Exchange Commission,450 Fifth Street, N.W., Washington, D.C.20549. Copies of the submission, allsubsequent amendments, all writtenstatements with respect to the proposedrules change that are filed with theCommission, and all writtencommunications relating to AmendmentNo. 1 between the Commission and anypersons, other than those that may bewithheld from the public in forinspection and copying in theCommission’s Public Reference Section,450 Fifth Street, N.W., Washington, D.C.20549. Copies of such filing will also beavailable at the principal office of theNYSE. All submissions should refer toFile No. SR–NYSE–96–02 and should besubmitted by April 19, 1996.

VI. Conclusion

It is therefore ordered, pursuant toSection 19(b)(2) of the Act,15 that theproposed rule change (SR–NYSE–96–02), as amended, is approved.



[Release No. 34–37016; International SeriesRelease No. 956; File No. SR–NYSE–96–04]

Self-Regulatory Organizations; Noticeof Filing and Order GrantingAccelerated Approval of a ProposedRule Change by the New York StockExchange, Inc. Relating to anAmendment of NYSE

March 22, 1996.Pursuant to Section 19(b)(1) of the

Securities Exchange Act of 1934(‘‘Act’’),1 notice is hereby given that onMarch 11, 1996, the New York StockExchange, Inc. (‘‘NYSE’’ or ‘‘Exchange’’)filed with the Securities and ExchangeCommission (‘‘Commission’’) theproposed rule change as described inItems I and II below, which Items havebeen prepared by the NYSE. TheCommission is approving the proposalon an accelerated basis, in addition topublishing 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 proposed rule change consists ofan amendment to NYSE Rule 104 tofacilitate trading in InvestmentCompany Units (‘‘Units’’),2 includingCountryBaskets.3

II. Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the Proposed RuleChange

In its filing with the Commission, theself-regulatory organization includedstatements concerning the purpose ofand basis for the proposed rule changeand discussed any comments it receivedon the proposed rule change. The textof these statements may be examined atthe places specificed in Item IV below.The self-regualtory organization hasprepared summaries, set forth inSections (A), (B), and (C) below, of themost significant aspects of suchstatements.

(A) Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the Proposed RuleChange

The Exchange proposes to amend itsRule 104 to facilitate specialist market


4 CountryBasket securities represent an interest ina registered investment company that will holdsecurities that are component stocks of ninedifferent indices. The nine CountryBaskets areAustralia, France, Germany, Hong Kong, Italy,Japan, South Africa, the United Kingdom and theUnited States. 5 15 U.S.C. 78f(b)(5) (1988).

6 NYSE Rule 104, Supplementary material .10(1)–(3).

7 NYSE Rule 104, Supplementary Material .10(4).8 NYSE Rule 72.

making in Units, includingCountryBaskets. Trading inCountryBaskets is expected to begin onMarch 25, 1996.4

Currently, Rule 104 requires thatspecialists obtain the approval of anExchange Floor Official when effectinga destabilizing transaction on a directplus or direct minus tick. The Exchangeproposes to amend Rule 104 by addingnew Supplementary Material .10(7) toprovide that the requirement to obtainFloor Official approval for transactionson a direct plus tick or a direct minustick for a specialist’s own accountcontained in Rule 104 SupplementaryMaterial .10(5)(i)(A), (B), (C) and(6)(i)(A) will not apply to transactionsthat are effected for the purpose ofbringing the price of a Unit into paritywith the value of the portfolio on whichit is based, or the net asset value of theUnit.

Direct destabilizing transactions thatare leading, rather than following, theunderlying component portfolio wouldcontinue to require Floor Officialapproval. Specialists would remainsubject to all other requirements of Rule104 with respect to their affirmative andnegative obligations to maintain a fairand orderly market.

The Exchange believes that itsproposal is consistent with the Act inthat it is designed to promote just andequitable principles of trade, to removeimpediments to and perfect themechanism of a free and open marketand a national market system and, ingeneral, to protect investors and thepublic interest.

The NYSE has requested that theproposed rule change be givenaccelerated effectiveness pursuant toSection 19(b)(2) of the Act becausetrading in CountryBaskets is expected tobegin on March 25, 1996. The Exchangebelieves that approval of the proposalshould enhance the ability of specialiststo make markets in such securities.

(B) Self-Regulatory Organization’sStatement on Burdeon on Competition

The Exchange does not believe thatthe proposed rule change will imposeany burden on competition that is notnecessary or appropriate in furtheranceof the purposes of the Act.

(C) Self-Regulatory Organization’sStatement on Comments on theProposed Rule Change Received fromMembers, Participants, or Others

Written comments on the proposedrule change were neither solicited orreceived.

III. Findings and Conclusions

The Commission finds that theproposed rule change is consistent withthe requirements of the Act and therules and regulations thereunderapplicable to a national securitiesexchange, and, in particular, therequirements of Section 6(b)(5) 5 that therules of an exchange be designed topromote just and equitable principles oftrade, prevent fraudulent andmanipulative acts, and, in general,protect investors and the public interest.

The Commission believes that theExchange’s proposal to addSupplemental Material .10(7) to its Rule104 to facilitate specialist marketmaking in Units, includingCountryBaskets, is consistent with theAct. The Exchange’s proposal is limitedto ‘‘parity’’ transactions on directdestabilizing ticks to bring Units,including CountryBaskets, into linewith the value of their correspondingunderlying component portfolio.Moreover, the only change beingeffected by the proposals is that suchtransactions would not require the FloorOfficial approval currently mandated byRule 104. As discussed below, suchtransactions must still comply with allof the other requirements of NYSE Rule104.

The Commission believes that it isappropriate to allow such transactionswithout Floor Official approval, giventhat the derivatives nature of Units ineffect renders them equity securitiesthat have a pricing and tradingrelationship linked to the portfolio uponwhich they are based. Hence, uponchange in the underlying portfolio, aUnits specialist may determine that itneeds to engage in a ‘‘parity’’transactions to bring Units into linewith the value of the correspondingunderlying portfolio. The requirementto secure Floor Official approval coulddelay the specialist from effecting suchtransactions, during which time thevalue of the portfolio could continue tomove. The Commission believes,therefore, that it is reasonable for theExchange to remove the need for FloorOfficial approval to address thissituation. Direct destabilizingtransactions that are leading, rather thanfollowing,the underlying portfolio

would continue to require Floor Officialapproval.

The Commission notes that theExchange’s proposal does not relieveUnits specialists from the generalrequirement of NYSE Rule 104 that theyeffect transactions that are reasonablynecessary for them to maintain a fairand orderly market in Units. Unitsspecialists also will remain subject tothe specific obligations imp;imposed onthem by rule 104. Thus, consistent witthe maintenance of a fair and orderlymarket, transactions for a specialistsown account should be such that theymaintain rice continuity withreasonable depth,and minimize theeffects of temporary disparities betweensupply and demand.6 Similarly, aspecialist’s quotation made fortransactions on his own account shouldbear a proper relation to precedingtransactions and anticipated succeedingtransactions.7 Finally, Unit specialisttransactions will be subject to theExchange’s rules governing the auctionmarket principles of priority. Parity, andprecedence of orders.8

The Commission finds good cause forapproving the proposed rule changeprior to the thirtieth day after the dateof publication of notice thereof in theFederal Register. As discussed above,the Exchange’s proposal is narrowlycircumscribed to address certainsituations that may arise in connectionwith specialist market making in Units,specifically CountryBaskets. Moreover,accelerated approval will allowspecialists to avail themselves of theproposed provision from the inceptionof trading, expected to be March 25,1996. Accordingly, the Commissionbelieves that it is consistent withSection 6(b)(5) and 19(b)(2) of the Act toapprove the proposed rule change on anaccelerated basis.


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 the


9 15 U.S.C.78s(b)(2) (1988).10 17 CFR 200.30–3(a)(12) (1993).1 15 U.S.C. § 78s(b)(1) (1988).2 17 CFR 240.19b–4 (1994).3 See Securities Exchange Act Release No. 36785

(January 29, 1996), 61 FR 4697.4 In Amendment No. 1, the Phlx clarifies that

proposed Phlx Rule 1072(c)(ii)(2) applies only tooption orders that do not have a stock component.Letter from Gerald D. O’Connell, First VicePresident, Market Regulation and TradingOperations, Phlx, to Michael Walinskas, BranchChief, Office of Market Supervision, Division ofMarket Regulation, Commission, dated March 20,1996 (‘‘Amendment No. 1’’).

5 ‘‘Bid test’’ or ‘‘short sale’’ rule.6 Respecting facilitation orders, see Securities

Exchange Act Release No. 35281 (January 26, 1995),60 FR 6575 (Chicago Board Options Exchange(‘‘CBOE’’)); and respecting M&A securities, seeSecurities Exchange Act Release Nos. 35211(January 10, 1995), 60 FR 3887 (American StockExchange (‘‘Amex’’)), CBOE, and Pacific StockExchange (‘‘PSE’’) as well as 36019 (July 24, 1995),60 FR 39035 (New York Stock Exchange (‘‘NYSE’’)).

7 Securities Exchange Act Release No. 34277(June 6, 1994), 59 FR 34885 (granting temporaryapproval). NASD Rules of Fair Practice, Art. III,Section 48.

8 Securities Exchange Act Release No. 34632(September 2, 1994), 59 FR 46999. In general, an‘‘exempt hedge transaction’’ is a short sale in an NMsecurity that is effected to hedge, and in fact servesto hedge, an existing offsetting options position oran offsetting options position that was created inone or more transactions contemporaneous with theshort sale. Phlx Rule 1072(c)(2)(i).

The other options exchanges adopted rulessimilar to Phlx Rule 1072. See CBOE Rule 15.10,NYSE Rule 759A, Amex Rule 957, and PSE Rule4.19. Securities Exchange Act Release No. 34632.

9 The exemption would apply to option-onlyorders. Thus, the exemption would not apply tocombination orders that contain a stock component.Amendment No. 1, supra note 4.

10 M&A securities are securities of a company thatis a party or prospective party to a publiclyannounced merger or acquisition with an issuer ofan NM security that underlies an Exchange listedoption.

Commission 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. Copies of such filingwill also be available for inspection andcopying at the principal office of theabove-mentioned self-regulatoryorganization. All submissions shouldrefer to File No. SR–NYSE–96–04 andshould be submitted by April 19, 1996.

V. ConclusionIt is therefore ordered, pursuant to

Section 19(b)(2) of the Act,9 that theproposed rule change (SR–NYSE–96–04) is approved.



[Release No. 34–37005; File No. SR–Phlx–95–69]

Self-Regulatory Organizations;Philadelphia Stock Exchange, Inc.;Order Approving and Notice of Filingand Order Granting AcceleratedApproval of Proposed Rule ChangeRelating to the Bid Test Exemption

March 21, 1996.

I. IntroductionOn January 2, 1996, the Philadelphia

Stock Exchange, Inc. ‘‘Phlx’’ or‘‘Exchange’’) submitted to the Securitiesand Exchange Commission(‘‘Commission’’), pursuant to Section19(b)(1) of the Securities Exchange Actof 1934 (‘‘Act’’)1 and Rule 19b–4thereunder,2 a proposal to extend itsmarket maker bid test exemption. Theproposed rule change was published forcomment in the Federal Register onFebruary 7, 1996.3 On March 20, 1996,the Phlx filed Amendment No. 1 to itsproposal.4 No comments were received

on the proposed rule change. This orderapproves the proposal.

II. Description of the ProposalThe Phlx proposes to amend its Rule

1072, Reporting RequirementsApplicable to Short Sales in NASD/NMSecurities, which establishes specificcriteria exempting Phlx specialists andRegistered Option Traders (‘‘ROTs’’)from the National Association ofSecurities Dealers, Inc. (‘‘NASD’’) ‘‘bidtest’’ applicable to Nasdaq NationalMarket (‘‘NM’’) securities.5 Specifically,the Phlx proposes to extend its marketmaker exemption to: (1) permit a ROTto facilitate an off-floor options orcombination order hedgedcontemporaneously with a short sale ina designated NM security, with priorFloor Official approval and the filing ofa written report; and (2) allow theexemption to apply to a company thatis involved in a publicly announcedmerger or acquisition (‘‘M&A’’) with anNM security. The Exchange hasrepresented that its proposedexemptions are similar to ruleprovisions of other options exchanges.6

In 1994, the NASD adopted a bid testrule applicable to NM securities tradedthrough Nasdaq prohibiting short salesof NM securities at or below the currentinside bid when that bid is below theprevious inside bid.7 An exemptionfrom this rule exists for option marketmakers hedging positions with theunderlying securites of that option;qualifying short sales are referred to as‘‘exempt hedge transactions.’’ Pursuantto this market maker exemption, thePhlx adopted Rule 1072 establishingspecific criteria for a short sale toqualify as an ‘‘exempt hedgetransaction’’ in ‘‘designated’’ NMissues.8 Generally, option specialistsmay designate as exempt short sales in

NM securites underlying their specialistequity options, and index options if atleast 10% of the value of the index iscomprised of NM securites. A ROT onlymay designate as exempt short sales inNM securites underlying no more than20 of the options or index options towhich the ROT has been assigned.

Facilitating Orders

Proposed Phlx Rule 1072(c)(2)(ii)(A)would permit a ROT to facilitate an off-floor options order andcontemporaneously hedge the resultingoption position with a short sale inapplicable NM securites as if suchsecurities were designated securitiespursuant to the Rule.9 To ensure that thetransaction qualifies for the proposedprovision, a ROT must file a writtenreport with the Market SurveillanceDepartment of the Exchange, indicatingFloor Official approval. Such ROT alsomust retain a copy of the report todemonstrate that the transaction was bidtest exempt.

M&A Transactions

Proposed Phlx Rule 1072(c)(2)(ii)(B)would extend the bid test exemption toinclude a short sale in an M&A securityeffected by a qualified Exchange optionsmarket maker to hedge, and which infact serves to hedge, an existing orprospective position in an Exchange-listed option overlying a designated NMsecurity of another company that is aparty to the M&A.10 The M&Aexemption only would be available tosecurities involved in an M&A that ispublicly announced.

As applied to the Phlx specialist, theproposed exemption would apply toshort sales of a company that is party toan M&A with a company whose NMsecurity underlies a specialty stockoption (or qualified index option). Asapplied to a Phlx ROT, the exemptionwould extend to a company that is partyto an M&A with a company whose NMsecurity underlies an option designatedby such ROT.

III. Discussion

The Commission finds that theproposed rule change is consistent withthe requirements of the Act and therules and regulations thereunderapplicable to a national securitiesexchange, and, in particular, the


11 15 U.S.C. 78f(b)(5) (1988).12 Securities Exchange Act Release No. 34277,

supra note 7.13 Amendment No. 1, supra note 4.14 See letter from Richard G. Ketchum, Chief

Operating Officer and Executive Vice President,NASD, to David A. Dami, First Vice President &Associate General Counsel, Global Derivatives,Paine Webber, Inc., dated September 13, 1994.

15 See Securities Exchange Act Release No. 35281,Supra note 6.

16 15 U.S.C. § § 78f(b)(5) and 78s(b)(2) (1988).

17 15 U.S.C. 78s(b)(2) (1988).18 17 CFR 200.30–3(a)(12) (1993).1 15 U.S.C. 78s (b)(1) (1988).2 17 CFR 240.19b–4 (1994).3 See Securities Exchange Act Release No. 36784

(January 29, 1996), 61 FR 4694.

requirements of Section 6(b)(5) 11 thatthe rules of an exchange be designed topromote just and equitable principles oftrade, prevent fraudulent andmanipulative acts, and, in general,protect investors and the public interest.The Commission approved the NASD’sshort sale rule proposal on June 29,1994,12 and in so doing stated that theshort sale rule, together with the marketmaker exemption, is a reasonableapproach to regulating short sales ofNasdaq/NM securities. The Commissionbelieves that the Exchange’s proposal isconsistent with the NASD’s bid test ruleand addresses the limitationsestablished by the NASD concerning theapplicability of the market makerexemption.

Proposed Phlx Rule 1072(c)(2)(ii)(A)will allow a ROT, with prior FloorOfficial approval, to facilitate an off-floor options order, andcontemporaneously hedge the resultingoptions position with a short sale in anapplicable Nasdaq/NM security as ifsuch security were a designated Nasdaq/NM security. The exemption would notapply to orders that contain a stockcomponent.13 The ROT must file areport describing the transaction withthe Exchange’s Market SurveillanceDepartment and must retain a copy ofthe report to demonstrate thetransaction was bid test exempt. TheCommission believes that this provisionis consistent with the NASD’sinterpretation regarding hedgingactivities associated with the facilitationof customer transactions in options andthat the procedures for reporting atransaction under the provision willensure adequate monitoring.14

Proposed Phlx Rule 1072(c)(2)(ii)(B)would extend the market makerexemption to the stock of a companythat is involved in a publicly announcedM&A with a company whose stock is adesignated Nasdaq/NM security. TheCommission believes that when adesignated Nasdaq/NM securitybecomes involved in an M&A, optionsspecialists and ROTs may need to hedgepositions in options overlying thedesignated Nasdaq/NM security bybuying or selling the securities of theother company involved in the M&A,whether or not the other company’sstock has listed overlying options.Indeed, where there are no options on

the other company’s stock, buying orselling that company’s stock at timesmay be the only feasible way for anoptions specialist or ROT to hedgepositions in options on the designatedNasdaq/NM security, given the riskarbitrage relationship that is likely toexist between the two stocks. Therefore,the Commission believes that byallowing options specialists and ROTsto sell short, for hedging purposes,shares of a company that is involved inan M&A with a company whose stock isa designated Nasdaq/NM security, andto designate such sales as bid testexempt, the Exchange’s proposal willenhance the ability of its specialists andROTs to perform their functions,thereby contributing to the liquidity ofthe market for options, as well as to theliquidity of the market for the stocks ofboth companies.

The Commission notes that theproposed extension of the market makerexemption from the short sale rule islimited to publicly announced M&As.Moreover, options specialists and ROTsmay avail themselves of the M&Aextension to the exemption only whenthe short sales are made to hedgeexisting or prospective positions inoptions on a security of anothercompany involved in the M&A, theoptions positions are or will be in aclass of options for which the optionsspecialist or ROT is registered, and theshort sales are or will be ‘‘exempt hedgetransactions’’ as defined in theExchange’s rules.

The Commission finds good cause forapproving Amendment No. 1 prior tothe thirtieth day after the date ofpublication of notice of filing thereof inthe Federal Register. Amendment No. 1clarifies that the Exchange’s proposedexemption for facilitating off-flooroptions orders does not extend to orderswith a stock component. TheCommission believes that this changedoes not raise new or unique regulatoryissues, as it is consistent with a similarprovision previously approved by theCommission.15 Therefore, theCommission believes it is consistentwith Sections 6(b)(5) and 19(b)(2) of theAct 16 to approve Amendment No. 1 tothe proposal on an accelerated basis.


submit written data, views, andarguments concerning Amendment No.1. Persons making written submissionsshould file six copies thereof with theSecretary, Securities and Exchange

Commission, 450 Fifth Street, NW.,Washington, DC 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, NW.,Washington, DC 20549. Copies of suchfiling will also be available forinspection and copying at the principaloffice of the CBOE. All submissionsshould refer to File No. SR–Phlx–95–69and should be submitted by April 19,1996.

V. Conclusion

It is therefore ordered, pursuant toSection 19(b)(2) of the Act,17 that theproposed rule change (SR–Phx–95–69),as amended, is approved.



[Release No. 34–37004; File No. SR–Phlx–95–79]

Self-Regulatory Organizations;Philadelphia Stock Exchange, Inc.;Order Approving Proposed RuleChange Relating to the Bid TestExemption

March 21, 1996.

I. Introduction

On January 2, 1996, the PhiladelphiaStock Exchange, Inc. (‘‘Phlx’’ or‘‘Exchange’’) submitted to the Securitiesand Exchange Commission(‘‘Commission’’), pursuant to Section19(b)(1) of the Securities Exchange Actof 1934 (‘‘Act’’) 1 and Rule 19b–4thereunder, 2 a proposal to extend itsmarket maker bid test exemption. Theproposed rule change was published forcomment in the Federal Register onFebruary 7, 1996.3 No comments were


4 ‘‘Bid test’’ or ‘‘short sale’’ rule.5 Securities Exchange Act Release No. 34277

(June 6, 1994), 59 FR 34885 (granting temporaryapproval). NASD Rules of Fair Practice, Art. III,Section 48.

6 Securities Exchange Act Release No. 34632(September 2, 1994), 59 FR 46999. In general, an‘‘exempt hedge transaction’’ is a short sale in an NMsecurity that is effected to hedge, and in fact servesto hedge, an existing offsetting options position oran offsetting options position that was created inone or more transactions contemporaneous with theshort sale. Phlx Rule 1072(c)(2)(i). The otheroptions exchanges adopted rules similar to PhlxRule 1072. See CBOE Rule 15.10, NYSE Rule 759A,Amex Rule 957, and PSE Rule 4.19. SecuritiesExchange Act Release No. 34632.

7 Securities Exchange Act Release No. 35281(January 26, 1995), 60 FR 6575.

8 15 U.S.C. 78f(b)(5) (1988).9 Securities Exchange Act Release No. 34277,

supra note 5.

10 15 U.S.C. 78s(b)(2) (1988).11 17 CFR 200.30-3(a)(12) (1993).

received on the proposed rule change.This order approves the proposal.

II. Description of the ProposalThe Phlx proposes to amend its Rule

1072, Reporting RequirementsApplicable to Short Sales in NASD/NMSecurities, to permit affiliatedRegistered Option Traders (‘‘ROTs’’) totrade for each other’s accounts pursuantto the market maker exemptioncontained therein. Rule 1072 establishesspecific criteria exempting Phlxspecialists and ROTs from the NationalAssociation of Securities Dealers, Inc.’s(‘‘NASD’’) ‘‘bid test’’ applicable toNasdaq/National Market (‘‘NM’’)securities.4

In 1994, the NASD adopted a bid testrule applicable to NM securities tradedthrough Nasdaq prohibiting short salesof NM securities at or below the currentinside bid when that bid is below theprevious inside bid.5 An exemptionfrom this rule exists for option marketmakers hedging positions with theunderlying securities of that option;qualifying short sales are referred to as‘‘exempt hedge transactions.’’ Pursuantto this market maker exemption, thePhlx adopted Rule 1072 establishingspecific criteria for a short sale toqualify as an ‘‘exempt hedgetransaction’’ in ‘‘designated’’ NMissues.6 Generally, option specialistsmay designate as exempt short sales inNM securities underlying theirspecialist equity options, and indexoptions if at least 10% of the value ofthe index is comprised of NM securities.A ROT only may designate as exemptshort sales in NM securities underlyingno more than 20 of the options or indexoptions to which the ROT has beenassigned.

Proposed Phlx Rule 1072(c)(2)(iii)(A)would allow a ROT to effect bid testexempt short sales in a Nasdaq/NMsecurity which that ROT has notdesignated as qualifying for theexemption, provided that the security isa designated Nasdaq/NM security ofanother ROT of the same memberorganization, and further provided that

such other ROT is not also present orrepresented by a Floor Broker in thesame trading crowd at the time of thebid test exempt sale. The Exchangenotes that this amendment is similar toa CBOE provision that permitsnominees of a market makerorganization to qualify for theexemption.7

III. Discussion

The Commission finds that theproposed rule change is consistent withthe requirements of the Act and therules and regulations thereunderapplicable to a national securitiesexchange, and, in particular, therequirements of Section 6(b)(5) 8 that therules of an exchange be designed topromote just and equitable principles oftrade, prevent fraudulent andmanipulative acts, and, in general,protect investors and the public interest.The Commission approved the NASD’sshort sale rule on June 29, 1994,9 and inso doing stated that the short sale rule,together with the market makerexemption, is a reasonable approach toregulating short sales of Nasdaq/NMsecurities. The Commission believesthat the Exchange’s proposal isconsistent with the NASD’s bid test ruleand addresses the limitationsestablished by the NASD concerning theapplicability of the market makerexemption.

Proposed Phlx Rule 1072(c)(2)(iii)(A)will give a member organization moreflexibility to manage its market makingobligations by allowing a ROT of suchorganization to effect short sales ofsecurities as bid test exempt eventhough the ROT has not designated suchsecurities as bid test exemption eligible,Provided that the securities have beendesignated bid test exempt eligible byanother nominee of the same memberorganization, and further provided thatthe bid test exempt eligible ROT is notpresent on the trading floor. TheCommission believes this is areasonable provision designed toaddress instances where a ROT is absentfrom the trading floor due to illness, orpersonal or other business. TheCommission further believes that thisprovision is consistent with the intent ofthe market maker exemption to the shortsale rule, in that the exemptioncontinues to be limited to those Nasdaq/NM securities which are used to hedgeoptions transactions in the primary

classes in which the memberorganization makes markets.

IV. ConclusionIt is therefore ordered, pursuant to

Section 19(b)(2) of the Act,10 that theproposed rule change (SR–Phlx–95–79)is approved.



SOCIAL SECURITY ADMINISTRATION

Agency Information CollectionActivities: Proposed CollectionRequest

Normally on Fridays, the SocialSecurity Administration publishes a listof information collection packages thatwill require submission to the Office ofManagement and Budget (OMB) forclearance in compliance with Pub. L.104–13 effective October 1, 1995, ThePaperwork Reduction Act of 1995. Sincethe last list was published in theFederal Register on March 15, 1996, theinformation collections listed belowhave been proposed or will requireextension of the current OMB approvals:(Call the SSA Reports Clearance Officer on(410) 965–4142 for a copy of the form(s) orpackage(s), or write to her at the addresslisted below the information collections)

1. Application for a Social SecurityCard—0960–0066. The informationcollected on form SS–5 is used by theSocial Security Administration to assignSocial Security Numbers so thatindividuals may obtain employment,report earnings, open bank accounts,pay taxes, apply for benefits and forother purposes. The affected publicconsists of individuals who apply forSocial Security Numbers.

Number of Respondents: 20,000,000.Frequency of Response: 1.Average Burden Per Response: 8

minute.Estimated Annual Burden: 2,666,667

hours.2. Statement Regarding Date of Birth

and Citizenship—0960–0016. Theinformation collected on form SSA–702is used by the Social SecurityAdministration in conjunction withother evidence to establish a claimant’sage or citizenship when better proofs arenot available. The affected publicconsists of individuals who have


knowledge of the birth and citizenshipof an applicant.

Number of Respondents: 18,000.Frequency of Response: 1.Average Burden Per Response: 10

minutes.Estimated Annual Burden: 3,000.3. Application for Mother’s or Father’s

Insurance Benefits—0960–0003. Theinformation collected on form SSA–5 isused by the Social SecurityAdministration to determine anapplicant’s eligibility to mother’s orfather’s insurance benefits. The affectedpublic comprises individuals who wishto file an application for such benefits.


minutes.Estimated Annual Burden: 45,000

hours.4. Marriage Certification—0960–0009.

The information collected on form SSA–3 is needed to provide evidence of analleged marriage. Social Security usesthe information to update records ofmarital status of an individual. Theaffected public comprises persons whoapply for Social Security benefits andallege a current marriage.


minutes.Estimated Annual Burden: 16,667

hours.5. Report on Individual with

Childhood Impairment—0960–0084.The information collected by SSA–1323is used to determine the dates andresults of psychometric testing and howthe impairment affects the individual’sprogress in school. The affected publiccomprises public and private schoolofficials and agencies which providemedical treatment to the applicant orclaimant for benefits.

Number of Respondents: 7,000.Average Burden Per Response: 20

minutes.Estimated Annual Burden: 2,333.6. Report on Individual with Mental

Impairment—0960–0058. Theinformation collected on form SSA–824is used to determine a claimant’sphysical and mental status prior tomaking a disability determination. Theaffected public consists of treatingphysicians, medical directors, medicalrecord libraries, and other healthprofessionals.

Number of Respondents: 50,000.Average Burden Per Response: 36

minutes.Estimated Annual Burden: 30,000.7. Claimant’s Recent Medical

Treatment—0960–0292. Theinformation collected on form HA–4631

is used by the Social SecurityAdministration to provide an updatedmedical history for a disability claimantwho requests a hearing. Therespondents are claimants for disabilitybenefits who have requested a hearingand do not have updated medicalevidence in file.


minutes.Estimated Annual Burden: 35,168.8. Request for Review of Hearing

Decision/Order—0960–0277. Theinformation collected on form HA–520is needed in order to afford claimantstheir statutory right under the SocialSecurity Act to request review of ahearing decision. The data will be usedto determine the course of actionappropriate to resolve each issue. Theaffected public are claimants denied ordissatisfied with a decision maderegarding their claim.


minutes.Estimated Annual Burden: 14,605.9. Claimant’s Work Background—

0960–0300. The information collectedon form HA–4633 is used by the SocialSecurity Administration in cases inwhich claimants for disability benefitshave requested a hearing on thedecision regarding their claim. Acompleted form provides an updatedsummary of a claimant’s past relevantwork and helps the Administrative LawJudge to better decide whether or notthe claimant is disabled. Therespondents are claimants who haverequested a hearing and whose relevantwork background is not in file.


minutes.Estimated Annual Burden: 50,240.10. Medical Use Report, 20 CFR

416.268–0960–0552. The informationrequired by this regulation is used bythe Social Security Administration todetermine if an individual is entitled tospecial Supplemental Security Income(SSI) payments. The respondents are SSIrecipients whose payments werestopped based on earnings.


minutes.Estimated Annual Burden: 1,250.Written comments and

recommendations regarding theseinformation collections should be sentwithin 60 days from the date of thispublication, directly to the SSA Reports

Clearance Officer at the followingaddress: Social Security Administration,DCFAM, Attn: Charlotte S. Whitenight,6401 Security Blvd., 1–A–21 OperationsBldg., Baltimore, MD 21235.

In addition to your comments on theaccuracy of the agency’s burdenestimate, we are soliciting comments onthe need for the information; itspractical utility; ways to enhance itsquality, utility and clarity; and on waysto minimize burden on respondents,including the use of automatedcollection techniques or other forms ofinformation technology.

Dated: March 21, 1996.Charlotte Whitenight,Reports Clearance Officer, Social SecurityAdministration.[FR Doc. 96–7376 Filed 3–28–96; 8:45 am]BILLING CODE 4190–29–M



Intent To Prepare EnvironmentalImpact Statement, Ft. Lauderdale-Hollywood International Airport, Ft.Lauderdale, FL

AGENCY: Federal AviationAdministration, DOT.ACTION: Notice of Intent.

SUMMARY: The Federal AviationAdministration (FAA) is issuing thisnotice to advertise to the public that anEnvironmental Impact Statement (EIS)will be prepared and considered for theproposed extension of Runway 9R–27Lto 9,000 feet and widening to 150 feetat Ft. Lauderdale-HollywoodInternational Airport.FOR FURTHER INFORMATION CONTACT: Mr.Bart Vernace, Federal AviationAdministration, Orlando Airportsdistrict Office, 9677 tradeport Drive,Suite 130, Orlando, Florida 32827–5397,(407) 648–6583, extension 27.SUPPLEMENTARY INFORMATION: Thisnotice announces that the FAA, incooperation with Broward County,Florida, will prepare an EnvironmentalImpact Statement (EIS) for a proposedproject to lengthen and widen Runway9R–27L at the Ft. Lauderdale-Hollywood International Airport (FLL)to 9,000 feet x 150 feet for air carrieraircraft use. The existing runway (5,276feet x 100 feet) accommodates generalaviation and commuter aircraft, but theAirport Master Plan (AMP) accepted onApril 19, 1995, indicated that significantfuture airfield congestion and aircraftdelay could be anticipated withoutsome modification to the existingairfield facilities.


Extension of the existing parallel andconnecting taxiways is also proposed.The proposed project would entailconstruction activity on airport property(i.e., site preparation, drainage, paving,marking, lighting, fencing, NAVAIDS,obstruction clearing, environmentalmitigation, and other associated workrequired for the runway extension).

The extended runway is planned as aprecision instrument runway (PIR) witha CAT I approach to both Runway 27Land Runway 9R. The runway will haveapproach slopes of 50:1 to Runway 27Land 50:1 to Runway 9R with a primarysurface width of 1,000 feet.

The EIS will include evaluation of ano-build alternative and otherreasonable alternatives that may beidentified during the agency and publicscoping meetings. The proposed runwayextension would provide sufficientairfield capacity and flexibility at FLL toaccommodate expected aircraft demandthrough the year 2012. The increasedcapacity provided by the proposedproject would result in a significantdecrease in average aircraft delay timesfrom the projected no-build conditions.

Increased use of the extended runwayby air carrier aircraft will result inchanges in runway use. The EIS willdetermine any noise impacts associatedwith changes in runway use. In additionto noise impacts, the EIS will determineany impacts on air and water quality,wetlands, ecological resources,floodplains, historic resources,hazardous wastes, coastal zonemanagement, socioeconomics andeconomic factors.PUBLIC SCOPING: To ensure that the fullrange of issues related to the proposedproject are addressed and that allsignificant issues are identified,comments and suggestions are invitedfrom all interested parties. An agencyscoping meeting and a general publicscoping meeting to identify significantissues will be held on May 1, 1996, inFt. Lauderdale, Florida.

The agency scoping meeting will beheld at 10:00 a.m. at Terminal 2Conference Room, Fort Lauderdale-Hollywood International Airport, 200Terminal Drive, Fort Lauderdale,Florida 33315. The Public scopingmeeting will be conducted between 6:00p.m. and 8:00 p.m. at Saint JeromeActivity Center, 2601 Southwest 9thAvenue, Fort Lauderdale, Florida 33315.

Written comments may be mailed tothe Informational contact listed abovewithin 30 days following the scopingmeeting.

Questions may be directed to theindividual names above under theheading, FOR FURTHER INFORMATIONCONTACT:

Issued in Orlando, Florida, March 22,1996.Charles E. Blair, Manager,Orlando Airports District Office.[FR Doc. 96–7762 Filed 3–28–96; 8:45 am]BILLING CODE 4910–73–M

[Summary Notice No. PE–96–14]

Petitions for Exemption; Summary ofPetitions Received; Dispositions ofPetitions Issued

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Notice of petitions forexemption received and of dispositionsof prior petitions.

SUMMARY: Pursuant to FAA’s rulemakingprovisions governing the application,processing, and disposition of petitionsfor exemption (14 CFR Part 11), thisnotice contains a summary of certainpetitions seeking relief from specifiedrequirements of the Federal AviationRegulations (14 CFR Chapter I),dispositions of certain petitionspreviously received, and corrections.The purpose of this notice is to improvethe public’s awareness of, andparticipation in, this aspect of the FAA’sregulatory activities. Neither publicationof this notice nor the inclusion oromission of information in the summaryis intended to affect the legal status ofany petition or its final disposition.DATES: Comments on petitions receivedmust identify the petition docketnumber involved and must be receivedon or before April 18, 1996.ADDRESS: Send comments on anypetition in triplicate to: FederalAviation Administration, Office of theChief Counsel, Attn: Rule Docket (AGC–200), Petition Docket No. llll, 800Independence Avenue, SW.,Washington, D.C. 20591.

Comments may also be sentelectronically to the following internetaddress: [email protected].

The petition, any comments received,and a copy of any final disposition arefiled in the assigned regulatory docketand are available for examination in theRules Docket (AGC–200), Room 915G,FAA Headquarters Building (FOB 10A),800 Independence Avenue SW.,Washington, D.C. 20591; telephone(202) 267–3132.FOR FURTHER INFORMATION CONTACT:Mr. D. Michael Smith, Office ofRulemaking (ARM–1), Federal AviationAdministration, 800 IndependenceAvenue, SW., Washington, DC 20591;telephone (202) 267–7470.

This notice is published pursuant toparagraphs (c), (e), and (g) of § 11.27 of

Part 11 of the Federal AviationRegulations (14 CFR Part 11).Donald P. Byrne,Assistant Chief Counsel for Regulations.

Petitions for Exemption

Docket No.: 28439.Petitioner: USA Jet Airlines, Inc.Sections of the FAR Affected: 14 CFR

121.139(a)Description of Relief Sought: To

permit USA Jet Airlines, Inc., (USA Jet)to carry facsimile machines abroad itsaircraft in lieu of appropriate parts of itsmaintenance manual. These facsimilemachines would enable USA Jetemployees to receive aircraftmaintenance technical data viafacsimile from Maintenance Control,which is located at the air carrier’s mainbase, when the aircraft is away from thatbase.

Docket No.: 28485.Petitioner: Polar Air Cargo.Sections of the FAR Affected: 14 CFR

121.583(a)(8).Description of Relief Sought: To

permit Polar Cargo to transportemployee dependents to any destinationwithout complying with certainpassenger-carrying requirements of part121, without the dependent beingaccompanied by an employee, andwithout regard as to whether theemployee is traveling on companybusiness.

Dispositions of Petitions

Docket No.: 127CE.Petitioner: Beech Aircraft

Corporation.Sections of the FAR Affected: 14 CFR

23.807(d)(1)(i).Description of Relief Sought/

Disposition: To permit type certificationof the Beech Model B300 and B300Cairplanes with one emergency exit inthe cabin opposite the main entrancedoor, which will not comply with§ 23.807(d)(1)(i). The Beech Model B300and B300C are twin turbopropellerengine, fifteen passenger airplanes,certificated in the commuter category.GRANT, March 5, 1996, Exemption No.6405.

Docket No.: 13199.Petitioner: American Airlines.Sections of the FAR Affected: 14 CFR

61.55(b)(2); 61.56(c)(1); 61.57 (c) and(d); 61.63 (c)(2) and (d)(2) and (3); 61.65(c), (e)(2) and (3), and (g); 61.67(d)(2);61.157 (d)(1) and (2) and (e)(1) and (2);61.191(c); and appendix A, part 61.

Description of Relief Sought/Disposition: To extend Exemption No.4652, as amended, which permitsAmerican Airlines to use FAA-approvedsimulators to meet certain flight


experience requirements of part 61.GRANT, February 27, 1996, ExemptionNo. 4652E.

Docket No.: 23921.Petitioner: FlightSafety International.Sections of the FAR Affected: 14 CFR

61.55(b)(2); 61.56(c)(1); 61.57 (c) and(d); 61.58 (c)(1) and (d); 61.63 (c)(2) and(d)(2) and (3); 61.65 (c), (e)(2) and (3),and (g); 61.67(d)(2); 61.157 (d)(1) and (2)and (e)(1) and (2); 61.191(c); andappendix A, part 61.

Description of Relief Sought/Disposition: To extend Exemption No.5317, as amended, which permitsFlightSafety International to use FAA-approved simulators to meet certainflight experience requirements of part61. GRANT, February 27, 1996,Exemption No. 5317E.

Docket No.: 25483.Petitioner: Air Transport Association

of America.Sections of the FAR Affected:14 CFR

part 43, 45.11 (a) and (d), and 91.417(d).Description of Relief Sought/

Disposition: To extend Exemption No.4902, as amended, which allows allaircraft operating under parts 121 and127 and all aircraft operating incommuter air carrier operations (asdefined in part 135 and SFAR 38–4)under an FAA-approved continuousairworthiness maintenance program, tobe operated without complying with therequirements pertaining to (1) thelocation of aircraft identification platesand (2) the carriage of FAA Form 337 asevidence of installation approval forfuel tank installation in the passenger orbaggage compartment. GRANT,February 28, 1996, Exemption No.4902E.

Docket No.: 25940.Petitioner: Air Transportation.Sections of the FAR Affected: 14 CFR

43.3(g).Description of Relief Sought/

Disposition: To extend and amendExemption No. 5149, as amended,which permits Mr. Charles N.Saulisberry, as pilot and owner of AirTransportation, to remove and reinstallthe passenger seats in your Cessna 182–C aircraft, which is used in operationsconducted under part 135. Theamendment shows the replacement ofthe Cessna 182–C with a Cessna 182–Q.GRANT, February 28, 1996, ExemptionNo. 5149C.

Docket No.: 28374.Petitioner: Gulf Air Taxi, Inc.Sections of the FAR Affected: 14 CFR

43.3(g).Description of Relief Sought/

Disposition: To permit appropriatelytrained pilots employed by Gulf AirTaxi, Inc., (Gulf Air) to remove and

reinstall the passenger seats in itsaircraft that are type certificated for nineof fewer passenger seats and used inoperations conducted by Gulf Air underpart 135. GRANT, March 1, 1996,Exemption No. 6404.

Docket No.: 28428.Petitioner: Mr. Nellis C. Dye.Sections of the FAR Affected: 14 CFR

121.383(c).Description of Relief Sought/

Disposition: To permit Mr. Nellis to actas a pilot in operations conducted underpart 121 after reaching his 60thbirthday. DENIAL, February 27, 1996,Exemption No. 6403.

Docket No.: 28433.Petitioner: Premair Airlines, Inc.Sections of the FAR Affected: 14 CFR

119.2(b).Description of Relief Sought/

Disposition: To permit Premair Airlines,Inc., (PAI) to complete its initialcertification process and be issued anair carrier certificate and operationsspecifications that would permit PAI toconduct its operations in accordancewith part 135 rather than in accordancewith part 121. DENIAL, February 27,1996, Exemption No. 6402.


RTCA, Inc., Special Committee 185;Aeronautical Spectrum PlanningIssues

Pursuant to section 10(a)(2) of theFederal Advisory Committee Act (P.L.92–463, 5 U.S.C., Appendix 2), notice ishereby given for a Special Committee185 meeting to be held on April 16–18,starting at 9:00 a.m. The meeting will beheld at RTCA, 1140 Connecticut AvenueNW., Suite 1020, Washington, DC20036.

The agenda will be as follows: (1)Administrative Remarks; (2)Introductions; (3) Approval of theAgenda; (4) Review and Approval of theSummary of the Previous Meeting; (5)Review Draft Version 7 of SC–185Report; (6) Develop Conclusions andRecommendations; (7) Other Business;(8) Date and Place of Next Meeting.

Attendance is open to the interestedpublic but limited to space availability.With the approval of the chairman,members of the public may present oralstatements at the meeting. Personswishing to present statements or obtaininformation should contact the RTCASecretariat, 1140 Connecticut Avenue,N.W., Suite 1020, Washington, DC20036; (202) 833–9339 (phone) or (202)–833–9434 (fax). Members of the publicmay present a written statement to thecommittee at any time.

Issued in Washington, DC, on March 25,1996.Janice L. Peters,Designated Official.[FR Doc. 96–7760 Filed 3–28–96; 8:45 am]BILLING CODE 4810–13–M

RTCA, Inc., Special Committee 182;Minimum Operational PerformanceStandards (MOPS) for an AvionicsComputer Resource (ACR)

Pursuant to section 10(a)(2) of theFederal Advisory Committee (P.L. 92–463, 5 U.S.C., Appendix 2), notice ishereby given for Special Committee 182meeting to be held April 17–19, 1996,starting at 9:00 a.m. The meeting will beheld at RTCA, Inc., 1140 ConnecticutAvenue, N.W., Suite 1020, Washington,DC, 20036.

The agenda will include: (1)Chairman’s Introductory Remarks; (2)Review and Approval of MeetingAgenda; (3) Review and Approval ofMinutes from the Previous Meeting; (4)MOPS Draft 0.2: Section 2.1.2, GeneralRequirements, Intended Functions(Characteristics of Relocatable ObjectCode; Characteristics of AircraftInterface; Characteristics of PortableApplication Software); (5) MOPS Draft0.2, Section 3.2, Installed EquipmentPerformance Requirements(Considerations for Initial ApplianceApproval; Considerations forSubsequent Approvals); (6) UpdateGlossary (Confirm January Definitions;Hierarchy Definition of Failure, Fault,and Error); (7) Propose DO–178BObjectives Satisfied Independent ofTarget; (8) Other Business; (9) Date andPlace of Next Meeting.

Attendance is open to the interestedpublic but limited to space availability.With the approval of the chairman,members of the public may present oralstatements at the meeting.

Persons wishing to present statementsor obtain information should contact theRTCA Secretariat, 1140 ConnecticutAvenue NW., Suite 1020, Washington,D.C. 20036; (202) 833–9339 (phone) or(202) 833–9434 (fax). Members of thepublic may present a written statementto the committee at any time.

Issued in Washington, D.C., on March 25,1996.

Janice L. Peters,Designated Official.[FR Doc. 96–7761 Filed 3–28–96; 8:45 am]BILLING CODE 4810–13–M


Federal Highway Administration

[FHWA Docket No. MC–96–13]

Commercial Driver’s License Program;Temporary Waiver For TrekkingInternational Overland Expedition

AGENCY: Federal HighwayAdministration (FHWA), DOT.

ACTION: Notice of petition; request forcomments.

SUMMARY: The FHWA is requestingpublic comment on a petition submittedby Trekking International on January 24,1996, for relief from the requirements ofthe commercial driver’s license (CDL)regulations (49 CFR Part 383). TheFHWA is considering whether it shouldgrant a waiver from the CDL testing andlicensing standards to driversparticipating in the OverlandExpedition. The Overland Expeditionconsists of four Iveco 330.30 ANW 6x6trucks which are being driven fromRome, Italy, to New York City, byforeign licensed employees of thePetitioner. The requested waiver wouldbe temporary, ending with the shipmentof the four vehicles to Italy on or beforeJune 1, 1996. The FHWA requestspublic comment on whether, if granted,the requested waiver would be contraryto the public interest or diminish thesafe operation of commercial motorvehicles.DATES: Comments must be received onor before April 8, 1996.ADDRESSES: All signed, writtencomments should refer to the docketnumber that appears at the top of thisdocument and should be submitted tothe Federal Highway Administration,Room 4232, Office of Chief Counsel,HCC–10, 400 Seventh Street SW.,Washington, DC 20590–0001. Allcomments received will be available forexamination at the above address from8:30 a.m. to 3:30 p.m., e.t., Mondaythrough Friday, except Federal holidays.Commenters who want to be notifiedthat the FHWA received their commentsshould include a self-addressed,stamped postcard.FOR FURTHER INFORMATION CONTACT: Mr.Robert Redmond, Office of MotorCarrier Research and Standards, (202)366–4001, or Mr. Raymond W. Cuprill,Office of the Chief Counsel, HCC–20,(202) 366–0834, Federal HighwayAdministration, Department ofTransportation, 400 Seventh Street,SW., Washington, DC 20590–0001.Office hours are from 7:45 a.m. to 4:15p.m., e.t., Monday through Friday,except Federal holidays.


BackgroundThe Commercial Driver’s License

(CDL) regulations, issued pursuant tothe Commercial Motor Vehicle SafetyAct of 1986 (Title XII, Pub. L. 99–570,100 Stat. 3207) (49 U.S.C. 31301 et seq.),are found at 49 CFR Part 383 (1995).Section 383.23 of the regulations setsforth the general rule that no personshall operate a commercial motorvehicle (CMV) unless such person: (1)has taken and passed a knowledge testand, if applicable, a driving test, whichmeets Federal standards, and (2)possesses a CDL, which is evidence ofhaving passed the required tests. TheseFederal standards ensure that drivers ofa CMV: (1) have a single driver’s licenseand a single driving record, (2) aretested for the knowledge and skillsneeded to drive a vehicle representativeof the vehicle that they will be licensedto drive, and (3) are disqualified fromdriving a CMV when convicted ofcertain criminal or traffic violations.

The term ‘‘commercial motor vehicle’’is defined to include, a motor vehicle:

(1) With a gross combination weightrating of 26,001 or more poundsinclusive of a towed unit with a grossvehicle weight rating (GVWR) of morethan 10,000 pounds; or

(2) With a GVWR of 26,001 or morepounds; or

(3) Designed to transport 16 or morepassengers, including the driver; or

(4) Used in the transportation ofquantities of hazardous materials whichrequire the vehicle to be placardedunder the Hazardous MaterialsTransportation Regulations (49 CFR part172, subpart F). 49 CFR 383.5 (1995).

CDL WaiversSection 12012 of the Commercial

Motor Vehicle Safety Act of 1985 (49U.S.C. 31315) authorizes the Secretaryof Transportation to waive any class ofdrivers or vehicles from any or all of theprovisions of the Act or theimplementing regulations if theSecretary determines that the waiver isnot contrary to the public interest anddoes not diminish the safe operation ofcommercial motor vehicles. Theregulatory procedures governing theissuance of waivers are found at 49 CFR383.7 (1995).

The FHWA has granted a CDL waiverto military personnel operating militaryvehicles and has authorized the Statesto waive certain farmers, firefighters andoperators of emergency equipment inimplementing the CDL regulations. See53 FR 37313, September 26, 1988. Theagency also authorized the States towaive, at their option, employees of

farm-related service industries (customharvesters, retail outlets and suppliers,agri-chemical businesses, and livestockfeeders) from the CDL knowledge andskill testing requirements, and issuethese employees restricted CDLs for aseasonal period or periods not to exceeda total of 180 days in any 12-monthperiod, subject to certain conditions.See 57 FR 13650, April 17, 1992. Morerecently, the FHWA authorized theStates to, at their option, waive part-time drivers for the pyrotechnicsindustry from the CDL endorsementtests for hazardous materials, when thedrivers are transporting less than 500pounds of fireworks, classified as DOTClass 1.3G explosives, during the periodfrom June 30 through July 6 of eachyear. See 60 FR 34188, June 30, 1995.

Petition

Trekking International of Milan, Italy,through its North American coordinator,Circumpolar Expeditions of Anchorage,Alaska, has petitioned the FHWA togrant a CDL waiver to drivers involvedin the Overland Expedition. The goal ofthe Overland Expedition is to drive four(4) Iveco 330.30 ANW 6x6 trucks 15,000miles from Rome, Italy, to New YorkCity, New York, over land via theRussian Far East, the Bering Strait andAlaska, a feat never beforeaccomplished. In addition to being thefirst trucks driven from Europe to NorthAmerica, the Expedition willdemonstrate the quality of Iveco trucksand serve to mark the 20th Anniversaryof the Iveco Truck Division of the FiatGroup. The Expedition will be enteringthe United States shortly and will beoperating the vehicles in North Americathrough April of 1996. Once theExpedition is completed, the trucks willbe shipped back to Italy. The Petitionerexpects the vehicles to be shipped on orbefore June 1, 1996. None of thesevehicles are being imported into theUnited States.

The Petitioner asserts that therequested waiver would be temporaryand only be applicable to those foreignemployees driving the four vehicles thatare participating in the Expedition.These employees are professionaloperators of commercial motor vehicleslicensed in Italy and have from 15 to 20years of driving experience. ThePetitioner has submitted a copy of theRoadway Code of Italy, Law No. 285dated April 30, 1992, which providesthe requirements applicable to thesecommercial operators. A copy of thislaw and a provided translated summaryis available in the docket forexamination by the public. Thefollowing Italian licensed commercial


drivers will be participating in theexpedition:

Name License No. Issued Classi-fication

Gregorio Camevale ...................................................................................................................................... 1300267 8/7/95 ABCDE.Carlo Marocco .............................................................................................................................................. 1291175 9/4/95 ABCDE.Erhard Mayer ............................................................................................................................................... A26995 8/28/95 ABCDE.Vicenzo Leone ............................................................................................................................................. 1291174 9/11/95 ABCDE.Emilio Altamore ............................................................................................................................................ 1247556 9/4/95 ABCDE.Francesco Miranda ...................................................................................................................................... 1247557 9/4/95 ABCDE.

The Petitioner has agreed to complywith other applicable Federal MotorCarrier Safety Regulations (FMCSRs),including financial responsibility,vehicle marking, driver physicalqualification, vehicle inspection andhours of service requirements.

Request for Public Comment andProposed Waiver

The FHWA is requesting publiccomment as to whether the grant of therequested temporary waiver from theCDL requirements would be contrary tothe public interest or would diminishthe safe operation of CMVs.Commenters are invited to addresswhether the waivers should be subjectto conditions, such as the followingconditions being considered by theFHWA.

Waiver Conditions

(1) Drivers covered—the waiverwould cover foreign drivers employedby the Petitioner, listed above, whileparticipating in the OverlandExpedition. The drivers would berequired to hold a valid Italiancommercial driver’s license to operatethe vehicles listed in condition #3.

(2) Duration—the waiver from theCDL requirements would only be validthrough June 1, 1996.

(3) Vehicles—the waiver would belimited to the operation of the fourvehicles participating in the OverlandExpedition and identified with thefollowing vehicle identificationnumbers and license plates:a. WJMH3GMSM09015805 (plate no.

A658095)b. WJMH3GMSM09015766 (plate no.

A658096)c. WJMH3GMSM09015814 (plate no.

A658097)d. WJMH3GMSM09015669 (plate no.

A658098)(4) Compliance with FMCSRs—

Drivers covered by the waiver would berequired to comply with otherapplicable requirements of the FederalMotor Carrier Safety Regulations,including financial responsibility,vehicle marking, driver physical

qualification, vehicle inspection andhours of service requirements.

Commenters are strongly encouragedto provide any facts or views pertainingto the requested waiver.

Authority: Title XII of Pub. L. 99–570, 100Stat. 3207; 49 U.S.C. 31301 et seq.; 49 U.S.C.31315; 49 CFR 1.48; 49 CFR 383.7; 23 U.S.C.315.

Issued on: March 25, 1996.Rodney E. Slater,Federal Highway Administrator.[FR Doc. 96–7759 Filed 3–28–96; 8:45 am]BILLING CODE 4910–22–P

National Highway Traffic SafetyAdministration

[Docket No. 95–20; Notice 3]

Child Safety Seats; AgreementBetween General Motors and U.S.Department of Transportation

AGENCY: National Highway TrafficSafety Administration (NHTSA), DOT.ACTION: Notice; Request forCertifications.

SUMMARY: This notice, the third of itskind, describes an agreement betweenGeneral Motors (GM) and the U.S.Department of Transportation (DOT),under which GM has agreed to donatefunds to one or more qualified nationalorganizations for the purchase anddistribution of child safety seats.Organizations that wish to receive suchfunds are required to certify in writingthat they are qualified, in accordancewith criteria established in theagreement. To qualify, organizationsmust demonstrate that they are nationalin scope, and they must submit a planshowing they are prepared to purchaseand distribute child safety seats within120 days of their receipt of the funds.They must also meet otherrequirements. Organizations are stronglyencouraged to form partnerships andwork collaboratively for the purpose ofapplying for funds. If organizations planto work collaboratively, they shouldsubmit a single combined certification.

This notice requests thatorganizations submit certifications andit describes the criteria they must meetand the information they must submitwith their certifications to be eligible toreceive these funds. Similar noticeswere published in the Federal Registeron March 31 and June 29, 1995. As aresult of the March 31 notice, sixorganizations were determined byNHTSA to be qualified and wereselected by GM to receive a total of $2million for the purchase anddistribution of child safety seats. As aresult of the June 29 notice, sixorganizations were determined byNHTSA to be qualified and three wereselected by GM to receive a total of $2million for the purchase anddistribution of child safety seats.

As a result of today’s notice, one ormore organizations will be determinedby NHTSA to be qualified and will beselected by GM to receive additionaldonations for the purchase anddistribution of child safety seats underthe settlement agreement. It is expectedthat these organizations will receive atotal of $2 million.DATES: Certifications must be receivedno later than June 27, 1996.ADDRESSES: Certifications should besubmitted to: Office of OccupantProtection, NTS–11, Room 5118, 400Seventh Street, SW., Washington, DC20590.FOR FURTHER INFORMATION CONTACT: Ms.Cheryl Neverman, NationalOrganizations Division, NTS–11,National Highway Traffic SafetyAdministration, 400 Seventh Street,SW., Washington, DC 20590. Telephone(202) 366–2683.


DOT/GM Settlement Agreement

On December 2, 1994, Secretary ofTransportation Federico Penaannounced that DOT and GM hadagreed in principle to a resolution of theinvestigation by the National HighwayTraffic Safety Administration (NHTSA)into an alleged defect related to motorvehicle safety in certain 1970–1991 GM


C/K pickup trucks. The terms of theresolution were finalized in a separateagreement that was executed betweenGM and DOT on March 7, 1995.

Under the terms of the agreement, GMagreed to provide funds over a period offive years to support highway safetyresearch and programs that will preventmotor vehicle deaths and injuries.

In the area of child safety, GM agreedto donate $8,000,000 to qualifiedorganizations for the purchase anddistribution of child safety seats. Theagreement provided that, of thisamount, $4,000,000 will be donatedduring the first year after the date of theagreement (approximately $1,000,000each quarter) and $4,000,000 will bedonated over the next four years (atapproximately the rate at which DOTexpends funds for the development andsupport of child safety seat loaner andgive-away programs during that period).The seats will be directed tounderserved low income and specialneeds populations.

The agreement between GM and DOTprovides:

DOT shall identify, on an ongoing basis soas to facilitate timely GM donations,qualified organizations which DOT in its solediscretion deems appropriate to receivedonations from GM for the purchase anddistribution of child safety seats. GM, in itssole discretion, shall select from the list ofqualified organizations provided by DOT, theorganization(s) to which it will donate funds,and shall decide the exact amount of fundsthat each such organization will receive.

The agreement provides further thatany organization that is interested inbeing identified as a ‘‘qualifiedorganization’’ must certify to DOT inwriting that it will meet a number ofcriteria set forth in the agreement.

NHTSA estimates that these fundswill allow for the purchase anddistribution of between 125,000 and200,000 child safety seats for needyfamilies which, in turn, will save atleast 50 lives and prevent approximately6,000 injuries.

Child SafetyThere are approximately 25 million

young children under the age of eightyears old who need the protection ofchild safety seats. One-fourth of thesechildren come from families that arebelow the poverty level.

As many as 3 million children in low-income families do not have access toadequate child safety seats. Anadditional 3 million children or morehave access to child safety seats but, fora variety of reasons, are not beingsecured in these seats properly.Additionally, children with specialtransportation needs, such as children

with disabilities, often require uniquelydesigned child safety seats that are tooexpensive for most families of low oraverage income to afford.

For these and other reasons, millionsof children ride each day eitherunprotected or inadequately protectedby child safety seats. A disproportionatenumber of these children are from lowincome or rural families or fromculturally diverse populations.

To increase child safety seat usage,child safety seats must be made morereadily available, particularly tounderserved low income and specialneeds families. These families must alsobe motivated to use child safety seatsand educated about their proper usage.

An effective child safety seat programcan reach, and have a major positiveimpact on, large numbers of children aswell as their families. To be mosteffective, however, the program mustensure that seats are distributedprimarily to the populations most atrisk, including underserved low incomeand special needs families. If programsdo not target these populations, theseats could be provided instead tofamilies that could otherwise afford topurchase them, with little net benefit.

Previous NoticesOn March 31 and June 29, 1995,

NHTSA published notices in theFederal Register describing theagreement between GM and DOT andrequesting that organizations interestedin receiving funds certify in writing thatthey are qualified. NHTSA received over20 certifications in response to theMarch 31 notice and 8 certifications inresponse to the June 29 notice.

Copies of the March 31 and June 29notices and the certifications received inresponse have been placed in NHTSA’sTechnical Reference Division (TRD),Docket Section, under Docket Number95–20; Notices 1 and 2. Individuals thatwish to order a copy of these materialsmay do so by calling or writing to theTRD at Room 5108, 400 Seventh St.,SW, Washington, DC 20590 (telephonenumber 202–366–2768) and referencingthis docket number(s). A fee may becharged, based on the volume ofmaterial that is requested.

The certifications that NHTSAreceived in response to the notices werereviewed by evaluation panels ofexperienced NHTSA personnel, whodetermined whether the certificationsmet each of the required criteria andevaluated the certifications based on theevaluation factors specified in thenotice.

The panel that reviewed thecertifications responsive to the March31 notice determined that six

organizations were qualified to receivedonations from GM: National SAFEKIDS Campaign, National SafetyCouncil (NSC), InternationalAssociation of Chiefs of Police (IACP),National Easter Seal Society, SafeAmerica Foundation/Operation BabyBuckle, and the State and TerritorialInjury Prevention Directors Association(STIPDA).

GM decided that each of theseorganizations would receive donationsfor the purchase and distribution ofchild safety seats under the settlementagreement. GM donated $1.5 million toSAFE KIDS to coordinate a major childsafety seat program with three otherqualified organizations (NSC, IACP andSTIPDA), and specified that half of thechild safety seats purchased by SAFEKIDS will be divided equally amongNSC, IACP and STIPDA, to bedistributed through their channels. GMalso donated $400,000 to the NationalEaster Seal Society for its uniqueprogram that reaches ‘‘special needs’’infants and children and $100,000 toOperation Baby Buckle for thedistribution of seats and its activepublic education and car safety seatawareness programs.

The panel that reviewed thecertifications responsive to the June 29notice determined that six organizationswere qualified to receive donations fromGM.

GM decided that three of theseorganizations would receive donationsfor the purchase and distribution ofchild safety seats under the settlementagreement. GM donated $800,000 toNational SAFE KIDS Campaign, whichformed a coalition with National HeadStart Association and the NationalAssociation of Community HealthCenters, to reach a group even morediverse than during the first phase of theprogram. GM donated $800,000 to SAFETEAM, USA, which forged an alliancethat includes the Safe AmericaFoundation, the National SafetyCouncil, the Native American InjuryPrevention Network, the NationalAssociation of Community ActionAgencies, the National Coalition ofHispanic Health and Human ServicesOrganizations and the InternationalAssociation of Chiefs of Police. GMstated that it expected this alliance toreach deep into many communities. Thealliance also proposed a unique fund-raising activity to provide even morechild safety seats than could ordinarilybe purchased with these funds. GM alsodonated $400,000 to the National EasterSeal Society, which added the NationalShriners Hospitals to its distributionplan for a greater distribution programduring the second phase. GM stated that


this organization has demonstrated itscapability to deliver child safety seats ina timely manner to ‘‘special needs’’infants and children.

Today’s NoticeToday’s notice describes the criteria

that an organization must meet, and theinformation it must submit with itscertification, to be identified by DOT asa ‘‘qualified organization.’’Certifications must be received no laterthan 90 days after the date ofpublication of today’s notice in theFederal Register.

NHTSA will convene a panel ofexperienced agency personnel toevaluate the certifications submitted.The members of the panel willdetermine whether the certificationsmeet each of the required criteria andwill evaluate the certifications based onthe evaluation factors specified in thisnotice. When the panel completes itsreview of the certifications, it willprepare a list of organizations it hasdetermined to be qualified to receivedonations for the purchase anddistribution of child safety seats.NHTSA will provide the list to GM andplace the list in the public docket.

This list of organizations will be usedby GM during the second year of theagreement. As explained earlier, thesettlement agreement provided that GMwould donate $4,000,000 during thefirst year after the date of the agreementand $4,000,000 over the next four years(at approximately the rate at which DOTexpends funds for the development andsupport of child safety seat loaner andgive-away programs during that period).Based on NHTSA’s projectedexpenditures for FY 1996, it is expectedthat GM will donate approximately $2million for the purchase anddistribution of child safety seats duringthe second year of the agreement.

Next (and Final) NoticeWithin approximately one year from

the date of publication of today’s notice,NHTSA plans to publish a fourth (andfinal) notice in the Federal Registerrequesting certifications fromorganizations that wish to receivedonations after the second year. Anyorganization that wishes to be includedon the fourth (and final) list, whether ornot the organization was included on aprevious list, will be required to submita certification. NHTSA reserves the rightto request in the fourth notice thesubmission of additional information,not identified in today’s FederalRegister notice, from organizationsseeking to be included on that list.

Based on its review of thecertifications received in response to the

fourth Federal Register notice, NHTSAwill prepare a revised list oforganizations that have been determinedto be qualified and appropriate toreceive remaining donations from GM. Itis expected that the fourth list will beused for the final $2 million of the total$8 million GM agreed to donate for thepurchase and distribution of child safetyseats under the settlement agreement.

Certification Criteria Established inSettlement Agreement

As explained earlier in this notice, thesettlement agreement between GM andDOT provided that DOT would identify,on an ongoing basis, qualifiedorganizations to be considered toreceive GM donations, and GM wouldselect recipients of donations fromDOT’s list of qualified organizations. Inorder to be considered for inclusion onthe list as a ‘‘qualified organization,’’ theagreement provided that an organizationmust certify in writing that it shall meeteleven separate criteria. Listed beloware descriptions of these criteria and theinformation that organizations mustsubmit in their certifications todemonstrate compliance with them.(Following this section of the notice, ina section entitled ‘‘CertificationProcedure,’’ this notice describes theprocedure organizations must follow tobe considered for inclusion on the listas a ‘‘qualified organization’’ andincludes a summary of the documentsand additional informationorganizations must submit.)

(1) Work Through AffiliatesThe organization must certify in

writing that it shall:work, through its state or local affiliates, withagencies such as children’s hospitals andhealth agencies to identify families whocould not otherwise afford seats or who havespecial needs

Organizations must be national inscope and have established and effectiveaffiliate relationships at the state orlocal level capable of carrying out theeffort. Organizations can satisfy thiscriterion by showing that they will workthrough their own state or local affiliates(e.g., units or chapters specificallyorganized to carry out the organization’smission) or with other affiliates (e.g.,state or locally-based child safety-related agencies or organizations, suchas children’s hospitals or fire and rescueagencies), and by showing that theyhave commitments from these state orlocal affiliates.

Organizations that wish to participatein this program, and are state or locally-based rather than national in scope, areencouraged to affiliate with a nationalorganization that plans to submit a

certification or to encourage a nationalorganization with which they arealready affiliated to submit acertification.

Through these affiliates, organizationsmust have a network that will enablethem to identify families of targetpopulations who have not been reachedthrough traditional channels, includingfamilies who could not otherwise affordseats or who have special needs, and todistribute seats and provide educationto these families.

Organizations must submitinformation regarding their structureand a designation of geographiclocations of state and local affiliates thatare expected to be involved in the effort.Organizations must also submitinformation regarding the organizationsand agencies with which they will beaffiliated for purposes of this program.In addition, organizations must describetheir relationships with affiliates,including the role that affiliates willplay, and they must demonstrate thatthey have commitments from affiliates(such as by submitting letters ofcommitment).

(2) Existing Program or Trained Staff

The organization must certify inwriting that it shall:have an existing loaner or give-away childsafety seat program or have staff trained inchild passenger safety issues

Organizations must have experience,either directly or through their affiliates,with a loaner or give-away program orstaff trained in child passenger safetyissues. Alternatively, organizations maycollaborate with organizations that havesuch experience or trained staff, eitherdirectly or through their affiliates.National organizations that have theability to reach underservedpopulations, but do not have experiencewith a child safety seat program ortrained staff, for example, are stronglyencouraged to collaborate with one ormore national organizations that do. Theexperience or training is necessary toensure that organizations, and theiraffiliates, are able to operate child safetyseat programs, and to meet thedeadlines and requirements establishedin the agreement for distributing seatsand providing education to therecipients of the seats.

Organizations must describe theirexisting loaner or give-away child safetyseat programs and their experience inproviding education on the use of childsafety seats. They must also describeexisting loaner or give-away programsand experience in providing educationof agencies or organizations that are


affiliated with them or with which theyhave collaborative relationships.

Organizations must identify thenumber of current trained staff (of theorganization, its affiliates and itscollaborators) and provide a descriptionof training conducted or taken by thestaff and the dates of last training. Iforganizations have staff who have notbeen trained, but who are capable ofbeing trained in child passenger safetyissues, the organizations shoulddescribe their plans for training thestaff.

If organizations plan to workcollaboratively, they should submit asingle combined certification. Thecertification must include letters ofcommitment from all collaborators.

Organizations are advised thatNHTSA has trained hundreds ofindividuals throughout the country inchild passenger safety issues. Iforganizations are interested in receivingassistance from individuals who havereceived NHTSA training, they shouldcontact one of NHTSA’s ten regionaloffices, or the Governor’s HighwaySafety Representative in their State.Organizations must keep in mind,however, that they must be prepared topurchase and distribute child safetyseats within 120 days of their receipt ofthe funds. Accordingly, their staff mustbe trained within the 120-day period.

(3) Low-income or Special Needs AcrossBroad Geographic Area

The organization must certify inwriting that it shall:distribute the seats to low-income familiesand/or families with special needs across abroad geographical area throughout theUnited States

The intent of this provision is toassure that underserved children fromculturally diverse populationsthroughout the United States receive thebenefits of the program. Qualifiedorganizations need not distribute seatsin every state. However, as statedpreviously, they must have a programthat is national in scope and reachestheir target populations throughout theUnited States.

Organizations must submit theirmission statements, a description of themethod they will use to identifyunderserved low income or specialneeds families, and a list of thegeographic locations that would betargeted for receipt of the seats. Theymust demonstrate the ability to identifyunderserved low income and specialneeds families, and the ability todistribute seats to these families at thecommunity level throughout the UnitedStates.

(4) Mix of Child Safety SeatsThe organization must certify in

writing that it shall:comply with NHTSA guidelines with respectto the approximate mix of child safety seats(e.g., infant, toddler, booster, special needs)

Children of differing ages andtransportation needs require differenttypes of child safety seats. The intent ofthis provision is to assure that thechildren who are recipients under thisprogram receive seats that meet theirneeds. The provision is also intended toassure that organizations purchase thecorrect mix of seats for their targetpopulation.

Organizations will need to identifythe ages and transportation needs of theintended recipients and the types ofseats needed to properly fit the targetgroup. For example, an organizationtargeting special needs children mayneed very specialized seats, while aprogram targeting older children mayneed convertible toddler and boosterchild restraint devices.

Organizations must specify themaximum number of seats they arecapable of distributing to local agencies(their affiliates) within 120 days of theirreceipt of the funds and the amount offunding they are requesting from GM topurchase and distribute this number ofseats. Organizations must specify theproposed mix and types of seats neededto serve the age and needs of thepopulations to be targeted (i.e., 25%booster seats, 50% toddler seats, 20%infant seats and 5% special needs seats),and must describe the method used toderive the mix. They should indicatewhether the mix would change if theyreceive less funding than the fullamount requested.

Organizations should also indicatewhether they plan to operate a loaner ora give-away program and what fees, ifany, they intend to charge. Both typesof programs are acceptable. Any feescharged to recipients must be nominal,and any income from these fees must beused for the purchase and distributionof additional child safety seats underthe agreement.

(5) Within 120 DaysThe organization must certify in

writing that it shall:distribute all of the seats purchased with thefunds provided by GM to the local agencieswithin 120 days of the receipt of the funds

Organizations are required, under theagreement, to purchase and distributeall of the seats to local agencies (theiraffiliates) within 120 days of receipt ofthe funds. To satisfy this criterion,organizations must clearly demonstratethe ability to meet this requirement.

As stated previously, organizationsmust submit a plan describing how theywill accomplish the purchase anddistribution of seats to local agencies(their affiliates) within the 120-dayperiod. The plan must describe how theorganization will reach a broadgeographical area, how it will identifythe low income and special needsfamilies to be served by this program,and it must include a proposedschedule for the purchase anddistribution of seats. The plan mustclearly demonstrate that theorganization is able and prepared topurchase and distribute child safetyseats to local agencies (their affiliates)within 120 days of their receipt of thefunds and that, if their staff is notalready experienced or trained, that theywill be trained within the 120-dayperiod.

Organizations that were selected byGM to receive donations for thepurchase and distribution of child safetyseats under the settlement agreement asa result of the Federal Register noticespublished on March 31 or June 29, 1995,must also describe the progress theyhave made, including the schedule theyhave followed, the number of seats theyhave distributed to local agencies (theiraffiliates) and the number of seats thathave been provided to recipients, bygeographic location.

Organizations must also demonstratethat the distribution and educationefforts funded under this program willeither create new initiatives orcomplement (rather than duplicate)existing initiatives, in the geographicareas to be served. In other words, thesedistribution and education effortsshould take place in communities thathave either been underserved or notbeen reached. In addition, organizationsmust ensure that their efforts do notconflict with activities already plannedor underway. This may be demonstratedby including in the plan, a descriptionof new or complementary initiativesthat are planned and either letters ofsupport from the organizations that are(or would be) responsible for childsafety seat programs in the geographicareas to be served (such as statehighway safety offices and state publichealth agencies) or a description of theorganization’s plans to coordinate withthese responsible organizations.

(6) Educate RecipientsThe organization must certify in

writing that it shall:educate recipients of the seats as to methodsof proper installation and use

While the distribution of child safetyseats is vitally important, and can save


many children’s lives, the effectivenessof those seats in preventing injury anddeath increases significantly whenrecipients are trained in and followproper use and installation instructions.Organizations are required, under theagreement, to provide education to therecipients of the seats regarding theproper installation and use of childsafety seats. Education is most effectiveif it is provided at the time that the seatsare being distributed to recipients, andif it includes a number of components,such as conducting a hands-ondemonstration, showing a video andhaving recipients demonstrate that theyunderstand how to properly install anduse their child safety seats.

Organizations must describe thespecific means they, their affiliates ortheir collaborators will use to educatefamilies about the proper installationand use of child safety seats.

To assist in this effort, NHTSA willmake resources, including materials andtechnical assistance, available to theselected organizations.

(7) Administrative Expenses

The organization must certify inwriting that it shall:not use more than 10 percent of the fundsprovided by GM for administrative expensesrelated to distribution of the seats

Organizations shall use no more than10 percent of the funds provided by GMfor administrative expenses related tothe distribution of the seats. Examplesof administrative expenses includeoperational overhead such as secretarialsupport, telephone expenses, and timeof paid staff to help develop the plansfor these efforts.

As stated previously, organizationsare strongly encouraged to workcollaboratively for the purpose ofapplying for funds. If organizations planto work collaboratively, they shouldsubmit a single combined certification.Any such certification submitted for agroup of organizations workingcollaboratively, must include astatement that provides that theorganizations have reached agreementregarding the manner in which fundsthat may be used for administrativeexpenses will be allocated among theorganizations. The actual agreementneed not be provided. No additionalinformation is required to be submittedat this time in support of this elementof the certification.

(8) Added to Existing Funds and NoDiversions

The organization must certify inwriting that it shall:

add the GM-provided funds to the total of itsexisting funds spent on the distribution ofchild safety seats to low-income families andnot divert any funds currently budgeted tosuch activities to other activities

Organizations shall add the GM-provided funds to the total of theirexisting funds, if any, spent on thedistribution of child safety seats to lowincome and special needs families andnot divert any funds currently budgetedto such activities, if any, to otheractivities. In other words, the fundsprovided by GM must represent newand additional resources, and may notbe used to replace other funds, if any,that otherwise would have been used forthe distribution of child safety seats tolow-income families and their relatededucation activities. No additionalinformation is required to be submittedat this time in support of this elementof the certification.

(9) Third-party AuditThe organization must certify in

writing that it shall:allow the activities conducted pursuant tothis program to be audited by such thirdparty as selected by DOT

Organizations shall allow theactivities conducted pursuant to thisprogram to be audited by such thirdparty as may be selected by DOT.Organizations shall also maintainadequate records to allow an audit to beconducted. No additional information isrequired to be submitted at this time insupport of this element of thecertification.

(10) Enforceable Commitments andPromises

The organization must certify inwriting that it shall:acknowledge and agree that suchcommitments and promises shall beenforceable

Organizations shall acknowledge andagree that the commitments andpromises they make shall be enforceablethrough legal process or otherappropriate means. No additionalinformation is required to be submittedat this time in support of this elementof the certification.

(11) No Assumption of ResponsibilityThe organization must certify in

writing that it shall:acknowledge and agree that GM does notassume or bear any responsibility for theorganization’s commitments, the selection ofthe safety seats actually purchased ordistributed, or the education of recipients ofthe seats as to proper use

Organizations shall acknowledge andagree that GM does not assume or bear

any responsibility for the organization’scommitments, the selection of the safetyseats actually purchased or distributed,or the education of recipients of theseats as to proper use. No additionalinformation is required to be submittedat this time in support of this elementof the certification.

Certification ProceduresTo be considered, certifications must

be received no later than 90 days afterthe date on which today’s notice ispublished in the Federal Register.Certifications should be submitted toOffice of Occupant Protection, NTS–11,Room 5118, 400 Seventh Street, S.W.,Washington, D.C. 20590.

Organizations are strongly encouragedto work collaboratively for the purposeof applying for funds. If organizationsplan to work collaboratively, theyshould submit a single combinedcertification.

Certifications must address each ofthe criteria described in detail above, inthe section of this notice entitled‘‘Certification Criteria Established inSettlement Agreement,’’ and mustinclude each of the following:

(1) Certification StatementA written statement, signed by an

authorized official of the organization,certifying that the organization shall:

(i) work, through its state or local affiliates,with agencies such as children’s hospitalsand health agencies to identify families whocould not otherwise afford seats or who havespecial needs; (ii) have an existing loaner orgive-away child safety seat program or havestaff trained in child passenger safety issues;(iii) distribute the seats to low-incomefamilies and/or families with special needsacross a broad geographical area throughoutthe United States; (iv) comply with NHTSAguidelines with respect to the approximatemix of child safety seats (e.g., infant, toddler,booster, special needs); (v) distribute all ofthe seats purchased with the funds providedby GM to the local agencies within 120 daysof the receipt of the funds; (vi) educaterecipients of the seats as to methods ofproper installation and use; (vii) not usemore than 10 percent of the funds providedby GM for administrative expenses related todistribution of the seats; (viii) add the GM-provided funds to the total of its existingfunds spent on the distribution of childsafety seats to low-income families and notdivert any funds currently budgeted to suchactivities to other activities; (ix) allow theactivities conducted pursuant to this programto be audited by such third party as selectedby DOT; (x) acknowledge and agree that suchcommitments and promises shall beenforceable; and (xi) acknowledge and agreethat GM does not assume or bear anyresponsibility for the organization’scommitments, the selection of the safety seatsactually purchased or distributed, or theeducation of recipients of the seats as toproper use.


(2) Plan

A plan describing how theorganization will accomplish thepurchase and distribution of seats tolocal agencies (their affiliates) within120 days of receipt of the funds, howthe organization will reach a broadgeographical area, and how it willidentify the low income and specialneeds families to be served by thisprogram. It must include a proposedschedule for the purchase anddistribution of seats, a description ofnew or complementary initiatives thatare planned and either letters of supportfrom the organizations that are (orwould be) responsible for child safetyseat programs in the geographic areas tobe served (such as state highway safetyoffices and state public health agencies)or a description of the organization’splans to coordinate with theseresponsible organizations.

The plan must clearly demonstratethat the organization is able andprepared to purchase and distributechild safety seats to local agencies (theiraffiliates) within 120 days of theirreceipt of the funds and that, if theirstaff is not already experienced ortrained, that they will be trained withinthe 120-day period.

Organizations that were selected byGM to receive donations for thepurchase and distribution of child safetyseats under the settlement agreement asa result of the Federal Register noticespublished on March 31 or June 29, 1995,must also describe the progress theyhave made since they received theirdonations, including the schedule theyhave followed, the number of seats theyhave distributed to local agencies (theiraffiliates) and the number of seats thathave been provided to recipients, bygeographic location.

(3) Additional Information

The following additional informationto ensure that the organization iscapable of meeting the objectives of theagreement:

• Information regarding theorganization’s structure and adesignation of geographic locations ofstate and local affiliates to be involvedin the effort;

• Information regarding theorganizations and agencies with whichthe organization will be affiliated forpurposes of this program;

• A description of their relationshipswith affiliates, including the role thataffiliates will play, and either letters orsome other demonstration ofcommitment from their affiliates;

• A description of the organization’s,its affiliates’ or its collaborators’:

existing loaner or give-away programs;experience in providing education onthe use of child safety seats; the numberof trained staff; a description of trainingconducted or taken; and the dates of lasttraining;

• If organizations have staff who havenot been trained, but who are capable ofbeing trained in child passenger safetyissues, a description of their plans fortraining the staff and an indication thatthe training will be completed within120 days of receipt of the funds;

• If organizations plan to workcollaboratively, letters of commitmentfrom all collaborators and a statementthat provides that the organizationshave reached agreement regarding themanner in which funds that may beused for administrative expenses will beallocated among the organizations (theactual agreement need not be provided);

• A mission statement of theorganization;

• The method to be used to identifyunderserved low income or specialneeds families;

• A list of the geographic locationsthat would be targeted for receipt of theseats;

• The maximum number of seats theorganization is capable of distributing tolocal agencies (their affiliates) within120 days of its receipt of the funds; theamount of funding the organization isrequesting from GM to purchase anddistribute this number of seats; theproposed mix and types of seats neededto serve the age and needs of thepopulations to be targeted (i.e., 25%booster seats, 50% toddler seats, 20%infant seats and 5% special needs seats);the method used to derive the mix; and,if applicable, any change in mix if theorganization receives less funding thanthe full amount requested;

• An indication of whether theorganization plans to operate a loaner ora give-away program; an identificationof the fees, if any, they intend to charge;and a statement that any income fromthese fees will be used for the purchaseand distribution of additional childsafety seats under the agreement; and

• A description of the specific meansto be used by the organization, itsaffiliates or its collaborators to educatefamilies about the proper installationand use of child safety seats.

Organizations must submit oneoriginal and two copies of theircertifications. Certifications shall besubject to 18 U.S.C. § 1001, whichprohibits the making of false statements.Organizations are requested to submitfour additional copies to facilitate thereview process, but there is norequirement or obligation to do so.

Organizations that would like to benotified upon receipt of theircertifications should enclose a self-addressed stamped postcard in theenvelope with their certifications. Uponreceiving the certifications, the postcardwill be returned by mail.

Evaluation Factors

Certifications will be reviewed by anevaluation panel of experienced agencypersonnel. The panel will determinewhether the certifications meet each ofthe required criteria and will evaluatethe certifications based on the followingfactors:

1. Understanding of the requirementsof the agreement and soundness ofapproach as shown by the organization’splan and certification.

2. The ability to purchase anddistribute child safety seats to localagencies (their affiliates) within 120days of their receipt of the funds asshown by the organization’s plan andcertification.

3. The ability to identify underservedlow income and special needs families.

4. The ability to distribute child safetyseats to these target populations at thecommunity level throughout the UnitedStates.

• The experience of the organization,its affiliates or its collaborators, indistributing child safety seats

• The breadth and diversity of theunderserved population theorganization, its affiliates or itscollaborators can effectively reach

5. The ability to provide education torecipients.

• The experience of the organization,its affiliates or its collaborators, inproviding education on the use of childsafety seats

• The level of training of the staff ofthe organization, its affiliates or itscollaborators

6. The ability to conduct adistribution and education program thateither creates new initiatives, orcomplements (rather than duplicates)existing initiatives, in the geographicareas to be served.

Issued on: March 25, 1996.James Hedlund,Associate Administrator for Traffic SafetyPrograms.[FR Doc. 96–7641 Filed 3–28–96; 8:45 am]BILLING CODE 4910–59–P


1 The ICC Termination Act of 1995, Pub. L. No.104–88, 109 Stat. 803 (the Act), which was enactedon December 29, 1995, and took effect on January1, 1996, abolished the Interstate CommerceCommission (ICC) and transferred certain functionsand proceedings to the Surface TransportationBoard (Board). Section 204(b)(1) of the Actprovides, in general, that proceedings pendingbefore the ICC on the effective date of thatlegislation shall be decided under the law in effectprior to January 1, 1996, insofar as they involvefunctions retained by the Act. This decision relatesto a proceeding that was pending with the ICC priorto January 1, 1996, and to functions that are subjectto Board jurisdiction pursuant to 49 U.S.C. 10702and 10746. Therefore, this decision generallyapplies the law in effect prior to the Act, andcitations are to the former sections of the statute,unless otherwise indicated.

1 The ICC Termination Act of 1995, Pub. L. No.104–88, 109 Stat. 803 (the Act), which was enactedon December 29, 1995, and took effect on January1, 1996, abolished the Interstate CommerceCommission (ICC) and transferred certain functionsand proceedings to the Surface TransportationBoard (Board). Section 204(b)(1) of the Actprovides, in general, that proceedings pendingbefore the ICC on the effective date of thatlegislation shall be decided under the law in effectprior to January 1, 1996, insofar as they involvefunctions retained by the Act. This notice relates toa proceeding that was pending with the ICC priorto January 1, 1996, and to functions that are subjectto Board jurisdiction pursuant to 49 U.S.C. 10903.Therefore, this notice applies the law in effect priorto the Act, and citations are to the former sectionsof the statute, unless otherwise indicated.

1 The ICC Termination Act of 1995, Pub. L. No.104–88, 109 Stat. 803 (the Act), which was enactedon December 29, 1995, and took effect on January1, 1996, abolished the Interstate CommerceCommission (ICC) and transferred certain functionsand proceedings to the Surface TransportationBoard (Board). Section 204(b)(1) of the Actprovides, in general, that proceedings pendingbefore the ICC on the effective date of thatlegislation shall be decided under the law in effectprior to January 1, 1996, insofar as they involvefunctions retained by the Act. This notice relates toa proceeding that was pending with the ICC priorto January 1, 1996, and to functions that are subjectto Board jurisdiction pursuant to 49 U.S.C. 10903.Therefore, this notice applies the law in effect priorto the Act, and citations are to the former sectionsof the statute, unless otherwise indicated.

Research and Special ProgramsAdministration

Office of Hazardous Materials Safety;Notice of Applications for Modificationof Exemptions or Applications ToBecome a Party to an Exemption

AGENCY: Research and Special ProgramsAdministration, DOT.ACTION: List of Applications formodification of exemptions orapplication to become a party to anexemption; Correction.

SUMMARY: Notice of Application No.11588–P Med Compliance Service, Inc.of Texas that appeared at page 11678 ofthe Federal Register for March 21, 1996,should have appeared 11588–P MedCompliance Services, Inc. of NewMexico.J. Suzanne Hedgepeth,Director, Office of Hazardous Materials,Exemptions and Approvals.[FR Doc. 96–7644 Filed 3–28–96; 8:45 am]BILLING CODE 4910–60–M

Surface Transportation Board 1

[Ex Parte No. 462]

Exemption of Demurrage FromRegulation

AGENCY: Surface Transportation Board.ACTION: Withdrawal of antitrustimmunity.

SUMMARY: Pursuant to a notice ofproposed rulemaking, served April 21,1992, the Board is withdrawing antitrustimmunity for the collectiveconsideration of demurrage charges. TheBoard concludes that this actionconstitutes the best means to achievethe goals of the ICC Termination Act of1995 and the Staggers Rail Act of 1980(Pub. L. No. 96–448, 94 Stat. 1895) asthey concern demurrage, whilesafeguarding the interests of shippersand receivers subject to marketdominant carriers. Two alternative

proposals suggested by the ICC are notbeing adopted.DATES: This decision is effective onApril 28, 1996.FOR FURTHER INFORMATION CONTACT:Joseph H. Dettmar, (202) 927–5660.[TDD for the 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, N.W.,Washington, DC 20423. Telephone:(202) 289–4357. [Assistance for thehearing impaired is available throughTDD services (202) 927–5721.]

Authority: 49 U.S.C. 10706.Decided: March 20, 1996.By the Board, Chairman Morgan, Vice

Chairman Simmons, and CommissionerOwen.Vernon A. Williams,Secretary.[FR Doc. 96–7709 Filed 3–28–96; 8:45 am]BILLING CODE 4915–00–P

Surface Transportation Board1

[Finance Docket No. 32813]

H. Peter Claussen and Linda C.Claussen—Continuance in ControlExemption—Live Oak, Perry & GeorgiaRailroad Company, Inc.

AGENCY: Surface Transportation Board.ACTION: Notice of exemption.

SUMMARY: Under 49 U.S.C. 10505, theBoard exempts from the prior approvalrequirements of 49 U.S.C. 11343, et seq.,the continuance in control by H. PeterClaussen and Linda C. Claussen of theLive Oak, Perry & Georgia RailroadCompany, Inc., subject to standard laborprotective conditions.DATES: This exemption will be effectiveon April 28, 1996. Petitions to stay mustbe filed April 8, 1996. Petitions toreopen must be filed by April 18, 1996.

ADDRESSES: Send pleadings, referring toFinance Docket No. 32813 to: (1) Officeof the Secretary, Case Control Branch,Surface Transportation Board, 1201Constitution Avenue, N.W.,Washington, DC 20423; and (2) Mark H.Sidman, 1350 New York Avenue, N.W.,Suite 800, Washington, DC 20005.FOR FURTHER INFORMATION CONTACT:Joseph H. Dettmar, (202) 927–5660.[TDD for the 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, N.W.,Washington, DC 20423. Telephone:(202) 289–4357/4359. [Assistance forthe hearing impaired is availablethrough TDD services at (202) 927–5721].

Decided: March 13, 1996.By the Board, Chairman Morgan, Vice


Surface Transportation Board 1

[Docket No. AB–33 (Sub-No. 90X)]

Union Pacific Railroad Company—Abandonment Exemption—in SutterCounty, CA (Yuba City Branch)

AGENCY: Surface Transportation Board,DOT.ACTION: Notice of exemption and InterimTrail Use or Abandonment.

SUMMARY: The Board, under 49 U.S.C.10505, exempts from the prior approvalrequirements of 49 U.S.C. 10903–04 theabandonment by Union Pacific RailroadCompany (UP) of a 5.20-mile portion ofits Yuba City Branch extending from


2 See Exempt. of Rail Abandonment—Offers ofFinan. Assist., 4 I.C.C.2d 164 (1987).

milepost 0.00 near Colusa Jct. to the endof the line at milepost 5.20 near Sutter,in Sutter County, CA, subject to trailuse, public use, environmental, andstandard labor protective conditions.DATES: Provided no formal expression ofintent to file an offer of financialassistance has been received, thisexemption will be effective on April 28,1996. Formal expressions of intent tofile an offer of financial assistance 2

under 49 CFR 1152.27(c)(2) must befiled by April 8, 1996; petitions to staymust be filed by April 15, 1996; andpetitions to reopen must be filed byApril 23, 1996.ADDRESSES: An original and 10 copies ofall pleadings, referring to Docket No.AB–33 (Sub-No. 90X), must be filedwith the Office of the Secretary, CaseControl Branch, Surface TransportationBoard, 1201 Constitution Avenue, N.W.,Washington, DC 20423. In addition, acopy of all pleadings must be served onJoseph D. Anthofer, 1416 Dodge Street,Room 830, Omaha, NE 68179–0830.FOR FURTHER INFORMATION CONTACT:Joseph H. Dettmar, (202) 927–5660.[TDD for the 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, N.W.,Washington, DC 20423. Telephone:(202) 289–4357/4359. [Assistance forthe hearing impaired is availablethrough TDD services (202) 927–5721.]

Decided: March 13, 1996.By the Board, Chairman Morgan, Vice


DEPARTMENT OF THE TREASURY

Submission for OMB Review;Comment Request

March 18, 1996The Department of Treasury has

submitted the following publicinformation collection requirement(s) toOMB for review and clearance under thePaperwork Reduction Act of 1980,Public Law 96–511. Copies of thesubmission(s) may be obtained bycalling the Treasury Bureau Clearance

Officer listed. Comments regarding thisinformation collection should beaddressed to the OMB reviewer listedand to the Treasury DepartmentClearance Officer, Department of theTreasury, Room 2110, 1425 New YorkAvenue, NW., Washington, DC 20220.

Special Request: In order to conductthe survey described below in April1996, the Department of Treasury isrequesting Office of Management andBudget (OMB) review and approve thisinformation collection by March 22,1996. To obtain a copy of this survey,please contact the IRS Clearance Officerat the address listed below.

Internal Revenue Service (IRS)

OMB Number: 1545–1432.Project Number: PC:V 96–004–G.Type of Review: Revision.Title: Customer Satisfaction Survey

for Librarians.Description: The Bank, Post Office,

and Library (BPOL) Program is one areathat must continue to provide qualityservice to taxpayers while cuttingoperating costs. This program usesbanks, post offices and libraries asdistribution sites for tax forms andrelated materials. Since BPOL locationsprovide materials for so many people,thoughtful consideration should be usedto identify which areas of the programwill be impacted by these budget cuts.Any decisions made should take intoaccount our customers’ (the taxpayers’)needs and opinions as to which areas ofthe program are most important andprovide the best service. IRS feels thatthis information can be obtained bysurveying librarians.

Respondents: Business or other for-profit.

Estimated Number of Respondents:2,000.

Estimated Burden Hours PerRespondent: 6 minutes.

Frequency of Response: Other.Estimated Total Reporting Burden:

200 hours.Clearance Officer: Garrick Shear (202)

622–3869, Internal Revenue Service,Room 5571, 1111 Constitution Avenue,N.W., Washington, DC 20224.

OMB Reviewer: Milo Sunderhauf(202) 395–7340, Office of Managementand Budget, Room 10226, NewExecutive Office Building, Washington,DC 20503.Lois K. Holland,Departmental Reports Management Officer.[FR Doc. 96–7649 Filed 3–28–96; 8:45 am]BILLING CODE 4830–01–P

Submission to OMB for Review;Comment Request

March 22, 1996.The Department of Treasury has

submitted the following publicinformation collection requirement(s) toOMB for review and clearance under thePaperwork Reduction Act of 1980,Public Law 96–511. Copies of thesubmission(s) may be obtained bycalling the Treasury Bureau ClearanceOfficer listed. Comments regarding thisinformation collection should beaddressed to the OMB reviewer listedand to the Treasury DepartmentClearance Officer, Department of theTreasury, Room 2110, 1425 New YorkAvenue, NW., Washington, DC 20220.

Internal Revenue Service (IRS)

OMB Number: New.Form Number: IRS Form W–7.Type of Review: New collection.Title: Application for IRS Individual

Taxpayer Identification Number.Description: Proposed regulations

under Internal Revenue Code (IRC)section 6109 introduce a new type oftaxpayer identifying number called the‘‘IRS individual taxpayer identificationnumber’’ (ITIN). Individuals whocurrently do not have, and are noteligible to obtain, social securitynumbers can apply for this number onForm W–7. Taxpayers may use thisnumber when required to furnish ataxpayer identifying number underregulations. An ITIN is intended for taxuse only.

Respondents: Individuals orhouseholds.


Estimated Burden Hours PerRespondent:

Learning about the law or theform—11 minutes.

Preparing the form—28 minutes.Copying, assembling, sending the

form to the IRS—20 minutes.Frequency of Response: Other

(individuals file once to get an ITIN).Estimated Total Reporting Burden:

495,000 hours.Clearance Officer: Garrick Shear (202)

622–3869, Internal Revenue Service,Room 5571, 1111 Constitution Avenue,NW., Washington, DC 20224.

OMB Reviewer: Milo Sunderhauf(202) 395–7340, Office of Managementand Budget, Room 10226, NewExecutive Office Building, Washington,DC 20503.Lois K. Holland,Departmental Reports Management Officer.[FR Doc. 96–7650 Filed 3–28–96; 8:45 am]BILLING CODE 4830–01–P


Bureau of Alcohol, Tobacco andFirearms


ACTION: Notice and request forcomments.

SUMMARY: The Department of theTreasury, as part of its continuing effortto reduce paperwork and respondentburden, invites the general public andother Federal agencies to take thisopportunity to comment on proposedand/or continuing informationcollections, as required by thePaperwork Reduction Act of 1995,Public Law 104–13 (44 U.S.C.3506(c)(2)(A)). Currently, the Bureau ofAlcohol, Tobacco and Firearms withinthe Department of the Treasury issoliciting comments concerning theRequisition For Forms or Publicationsand Requisition For Firearms/Explosives Forms.DATES: Written comments should bereceived on or before May 28, 1996 tobe assured of consideration.ADDRESSES: Direct all written commentsto Bureau of Alcohol, Tobacco andFirearms, Linda Barnes, 650Massachusetts Avenue, NW.,Washington, DC 20226, (202) 927–8930.FOR FURTHER INFORMATION CONTACT:Requests for additional information orcopies of the form(s) and instructionsshould be directed to Linda Barnes,Document Services Branch, 650Massachusetts Avenue, NW.,Washington, DC 20226, (202) 927–8930.


Title: Requisition For Forms orPublications and Requisition ForFirearms/Explosives Forms.

OMB Number: 1512–0001.Form Number: ATF F 1600.1 and ATF

F 1600.8.Abstract: These forms are used by the

general public to request or order formsor publications from the ATFDistribution Center. These forms notifyATF of the quantity required by therespondent and provide a guide as toannual usage of ATF forms orpublications by the general public.

Current Actions: There are no changesto this information collection and it isbeing submitted for extension purposesonly.

Type of Review: Extension.Affected Public: Business or other for-

profit, individuals or households.Estimated Number of Respondents:

30,000.Estimated Time Per Respondent: 3

minutes.Estimated Total Annual Burden

Hours: 1725.

REQUEST FOR COMMENTS: Commentssubmitted in response to this notice willbe summarized and/or included in therequest for OMB approval. Allcomments will become a matter ofpublic record. Comments are invited on:(a) Whether the collection ofinformation is necessary for the properperformance of the functions of theagency, including whether theinformation shall have practical utility;(b) the accuracy of the agency’s estimateof the burden of the collection ofinformation; (c) ways to enhance thequality, utility, and clarity of theinformation to be collected; and (d)ways to minimize the burden of thecollection of information onrespondents, including through the useof automated collection techniques orother forms of information technology.Also, ATF requests informationregarding any monetary expenses youmay incur while completing theseforms.

Dated: March 22, 1996.Bradley A. Buckles,Acting Director.[FR Doc. 96–7693 Filed 3–28–96; 8:45 am]BILLING CODE 4810–31–P



SUMMARY: The Department of theTreasury, as part of its continuing effortto reduce paperwork and respondentburden, invites the general public andother Federal agencies to take thisopportunity to comment on proposedand/or continuing informationcollections, as required by thePaperwork Reduction Act of 1995,Public Law 104–13 (44 U.S.C.3506(c)(2)(A)). Currently, the Bureau ofAlcohol, Tobacco and Firearms withinthe Department of the Treasury issoliciting comments concerning theTransportation In Bond, and Notice ofPuerto Rican Cigars, Cigarettes, CigarettePapers, or Cigarette Tubes.DATES: Written comments should bereceived on or before May 28, 1996 tobe assured of consideration.ADDRESSES: Direct all written commentsto Bureau of Alcohol, Tobacco andFirearms, Linda Barnes, 650Massachusetts Avenue, NW.,Washington, DC 20226, (202) 927–8930.FOR FURTHER INFORMATION CONTACT:Requests for additional information orcopies of the form(s) and instructionsshould be directed to Cliff Mullen,Wine, Beer & Spirits Regulations

Branch, 650 Massachusetts Avenue,NW., (202) 927–8181.


Title: Transportation In Bond, andNotice of Release of Puerto Rican Cigars,Cigarettes, Cigarette Papers, or CigaretteTubes.

OMB Number: 1512–0167.Form Number: ATF F 3072 (5210.14).Abstract: ATF F 3072 (5210.14) is

used to document the shipment oftaxable tobacco products brought intothe United States in bond from PuertoRico. The form documents certificationby ATF to account for the tax liabilityas well as any adjustments assessed tothe bonded licensee. The form alsodescribes the shipment andidentification of the licensee whoreceives the products.



profit.Estimated Number of Respondents:

50.Estimated Time Per Respondent: 12


Hours: 200.

REQUEST FOR COMMENTS: Commentssubmitted in response to this notice willbe summarized and/or included in therequest for OMB approval. Allcomments will become a matter ofpublic record. Comments are invited on:(a) whether the collection of informationis necessary for the proper performanceof the functions of the agency, includingwhether the information shall havepractical utility; (b) the accuracy of theagency’s estimate of the burden of thecollection of information; (c) ways toenhance the quality, utility, and clarityof the information to be collected; and(d) ways to minimize the burden of thecollection of information onrespondents, including through the useof automated collection techniques orother forms of information technology.Also, ATF requests informationregarding any monetary expenses youmay incur while completing this form.





SUMMARY: The Department of theTreasury, as part of its continuing effortto reduce paperwork and respondentburden, invites the general public andother Federal agencies to take thisopportunity to comment on proposedand/or continuing informationcollections, as required by thePaperwork Reduction Act of 1995,Public Law 104–13 (44 U.S.C.3506(c)(2)(A)). Currently, the Bureau ofAlcohol, Tobacco and Firearms withinthe Department of the Treasury issoliciting comments concerning theApplication and Permit to Ship Liquorsand Articles of Puerto RicanManufacture Taxpaid to the UnitedStates.DATES: Written comments should bereceived on or before May 28, 1996 tobe assured of consideration.ADDRESSES: Direct all written commentsto Bureau of Alcohol, Tobacco andFirearms, Linda Barnes, 650Massachusetts Avenue, NW.,Washington, DC 20226, (202) 927–8930.FOR FURTHER INFORMATION CONTACT:Requests for additional information orcopies of the form(s) and instructionsshould be directed to J. Barry Fields,Wine, Beer & Spirits RegulationsBranch, 650 Massachusetts Avenue,NW., Washington, DC 20226, (202) 927–8522.SUPPLEMENTARY INFORMATION:

Title: Application and Permit to ShipLiquors and Articles of Puerto RicanManufacture Taxpaid to the UnitedStates.

OMB Number: 1512–0057.Form Number: ATF F 487–B (5170.7).Abstract: ATF F 487–B (5170.7) is

used to document the shipment oftaxpaid Puerto Rican articles into theU.S. The form is vertified by PuertoRican and U.S. Treasury officials tocertify that products are either taxpaidor deferred under the appropriate bondand serves as a method of protection ofthe revenue.






Hours: 100.

REQUEST FOR COMMENTS: Commentssubmitted in response to this notice willbe summarized and/or included in therequest for OMB approval. Allcomments will become a matter ofpublic record. Comments are invited on:(a) whether the collection of informationis necessary for the proper performanceof the functions of the agency, includingwhether the information shall havepractical utility; (b) the accuracy of theagency’s estimate of the burden of thecollection of information; (c) ways toenhance the quality, utility, and clarityof the information to be collected; and(d) ways to minimize the burden of thecollection of infomation on respondents,including through the use of automatedcollection techniques or other forms ofinformation technology. Also, ATFrequests information regarding anymonetary expenses you may incur whilecompleting this form.




SUMMARY: The Department of theTreasury, as part of its continuing effortto reduce paperwork and respondentburden, invites the general public andother Federal agencies to take thisopportunity to comment on proposedand/or continuing informationcollections, as required by thePaperwork Reduction Act of 1995,Public Law 104–13 (44 U.S.C.3506(c)(2)(A)). Currently, the Bureau ofAlcohol, Tobacco and Firearms withinthe Department of the Treasury issoliciting comments concerning theSpecial Tax Registration and Return(Alcohol & Tobacco) and the SpecialTax Registration and Return (NationalFirearms Act).DATES: Written comments should bereceived on or before May 28, 1996 tobe assured of consideration.ADDRESSES: Direct all written commentsto Bureau of Alcohol, Tobacco andFirearms, Linda Barnes, 650Massachusetts Avenue, NW.,Washington, DC 20226, (202) 927–8930.FOR FURTHER INFORMATION CONTACT:Requests for additional information orcopies of the form(s) and instructionsshould be directed to Wanda WilliamsBurggraff, Tax Compliance Branch, 650

Massachusetts Avenue, NW.,Washington, DC 20226, (202) 927–8220.


Title: Special Tax Registration andReturn (Alcohol & Tobacco) and SpecialTax Registration and Return (NationalFirearms Act).

OMB Number: 1512–0472.Form Number: ATF F 5630.5 and ATF

F 5630.7.Abstract: ATF F 5630.5 and ATF F

5630.7 are completed by personsengaged in certain alcohol, tobacco andfirearms related businesses,respectively. Both forms are used toregister and/or pay a specialoccupational tax, as required by statute.Upon receipt of the tax, a special taxstamp is issued..



profit, individuals or households, andnot-for-profit institutions.


Estimated Time Per Respondent: 48minutes.

Estimated Total Annual BurdenHours: 72,778.

REQUEST FOR COMMENTS: Commentssubmitted in response to this notice willbe summarized and/or included in therequest for OMB approval. Allcomments will become a matter ofpublic record. Comments are invited on:(a) whether the collection of informationis necessary for the proper performanceof the functions of the agency, includingwhether the infomation shall havepractical utility; (b) the accuracy of theagency’s estimate of the burden of thecollection of information; (c) ways toenhance the quality, utility, and clarityof the information to be collected; and(d) ways to minimize the burden of thecollection of information onrespondents, including through the useof automated collection techniques orother forms of information technology.Also, ATF requests informationregarding any monetary expenses youmay incur while completing theseforms.





SUMMARY: The Department of theTreasury, as part of its continuing effortto reduce paperwork and respondentburden, invites the general public andother Federal agencies to take thisopportunity to comment on proposedand/or continuing informationcollections, as required by thePaperwork Reduction Act of 1995,Public Law 104–13 (44 U.S.C.3506(c)(2)(A)). Currently, the Bureau ofAlcohol, Tobacco and Firearms withinthe Department of the Treasury issoliciting comments concerning theLetterhead Request For Information InRegard To Federal Firearms Dealer’sRecords (Dealer’s Records of Aquisition,Disposition and Supporting Data).DATES: Written comments should bereceived on or before May 28, 1996 tobe assured of consideration.ADDRESSES: Direct all written commentsto Bureau of Alcohol, Tobacco andFirearms, Linda Barnes, 650Massachusetts Avenue, NW.,Washington, DC 20226, (202) 927–8930.FOR FURTHER INFORMATION CONTACT:Requests for additional information orcopies of the form(s) and instructionsshould be directed to Dottie Morales,Firearms & Explosives OperationsBranch, 650 Massachusetts Avenue,NW., Washington, DC 20226, (202) 927–8310.


Title: Letterhead Request ForInformation In Regard To FederalFirearms Dealer’s Records (Dealer’sRecords of Aquisition, Disposition andSupporting Data).

OMB Number: 1512–0493.Form Number: ATF F 5300.3.Abstract: ATF F 5300.3 gives the user

a simplified format to list the requiredinformation ATF needs to perform itsfunctions in regard to the law. Therespondent saves time because thequestions are simple and a returnaddress is supplied. The form is used tomaintain a current status of firearmslicensees.



profit, Individuals or households.Estimated Number of Respondents:

28,000.Estimated Time Per Respondent: 5

minutes.

Estimated Total Annual BurdenHours: 2,380.REQUEST FOR COMMENTS: Commentssubmitted in response to this notice willbe summarized and/or included in therequest for OMB approval. Allcomments will become a matter ofpublic record. Comments are invited on:(a) whether the collection of informationis necessary for the proper performanceof the functions of the agency, includingwhether the information shall havepractical utility; (b) the accuracy of theagency’s estimate of the burden of thecollection of information; (c) ways toenhance the quality, utility, and clarityof the information to be collected; and(d) ways to minimize the burden of thecollection of information onrespondents, including through the useof automated collection techniques orother forms of information technology.Also, ATF requests informationregarding any monetary expenses youmay incur while completing this form.




SUMMARY: The Department of theTreasury, as part of its continuing effortto reduce paperwork and respondentburden, invites the general public andother Federal agencies to take thisopportunity to comment on proposedand/or continuing informationcollections, as required by thePaperwork Reduction Act of 1995,Public Law 104–13 (44 U.S.C.3506(c)(2)(A)). Currently, the Bureau ofAlcohol, Tobacco and Firearms withinthe Department of the Treasury issoliciting comments concerning theInventory—Export WarehouseProprietor.DATES: Written comments should bereceived on or before May 28, 1996 tobe assured of consideration.ADDRESSES: Direct all written commentsto Bureau of Alcohol, Tobacco andFirearms, Linda Barnes, 650Massachusetts Avenue, NW.,Washington, DC 20226, (202) 927–8930.FOR FURTHER INFORMATION CONTACT:Requests for additional information orcopies of the form(s) and instructionsshould be directed to Mary Lou Blake,Wine, Beer & Spirits Regulations

Branch, 650 Massachusetts Avenue,NW., Washington, DC, (202) 927–8210.SUPPLEMENTARY INFORMATION:

Title: Inventory—Export WarehouseProprietor.

OMB Number: 1512–0171.Form Number: ATF F 5220.3.Abstract: ATF F 5220.3 is used by

export warehouse proprietors to recordinventories that are required by law andregulations. The form provides auniform format for recording inventoriesand establishes a contingent tax liabilityon tobacco products.





hours.Estimated Total Annual Burden

Hours: 50.REQUEST FOR COMMENTS: Commentssubmitted in response to this notice willbe summarized and/or included in therequest for OMB approval. Allcomments will become a matter ofpublic record. Comments are invited on:(a) whether the collection of informationis necessary for the proper performanceof the functions of the agency, includingwhether the information shall havepractical utility; (b) the accuracy of theagency’s estimate of the burden of thecollection of information; (c) ways toenhance the quality, utility, and clarityof the information to be collected; and(d) ways to minimize the burden of thecollection of information onrespondents, including through the useof automated collection techniques orother forms of information technology.Also, ATF requests informationregarding any monetary expenses youmay incur while completing this form.


Customs Service

List of Foreign Entities ViolatingTextile Transshipment and Country ofOrigin Rules

AGENCY: U.S. Customs Service,Department of the Treasury.ACTION: General Notice.

SUMMARY: This document notifies thepublic of foreign entities which have


been issued a penalty claim undersection 592 of the Tariff Act, for certainviolations of the customs laws. This listis authorized to be published by section333 of the Uruguay Round AgreementsAct.FOR FURTHER INFORMATION CONTACT: Forinformation regarding any of theoperational aspects, contact MichaelCompeau, Branch Chief, Seizures andPenalties Division, at 202–927–0762.For information regarding any of thelegal aspects, contact Lars-Erik Hjelm,Office of Chief Counsel, at 202–927–6900.


BackgroundSection 333 of the Uruguay Round

Agreements Act (URAA)(Public Law103–465, 108 Stat. 4809)(signedDecember 12, 1994), entitled TextileTransshipments, amended Part V of titleIV of the Tariff Act of 1930 by creatinga section 592A (19 U.S.C. 1592A),which authorizes the Secretary of theTreasury to publish in the FederalRegister, on a biannual basis, a list ofthe names of any producers,manufacturers, suppliers, sellers,exporters, or other persons locatedoutside the Customs territory of theUnited States, when these entities havebeen issued a penalty claim undersection 592 of the Tariff Act, for certainviolations of the customs laws, providedthat certain conditions are satisfied.

The violations of the Customs lawsreferred to above are the following: (1)Using documentation, or providingdocumentation subsequently used bythe importer of record, which indicatesa false or fraudulent country of origin orsource of textile or apparel products; (2)Using counterfeit visas, licenses,permits, bills of lading, or similardocumentation, or providing counterfeitvisas, licenses, permits, bills of lading,or similar documentation that issubsequently used by the importer ofrecord, with respect to the entry into thecustoms territory of the United States oftextile or apparel products; (3)Manufacturing, producing, supplying,or selling textile or apparel productswhich are falsely or fraudulently labeledas to country of origin or source; and (4)Engaging in practices which aid or abetthe transshipment, through a countryother than the country of origin, oftextile or apparel products in a mannerwhich conceals the true origin of thetextile or apparel products or permitsthe evasion of quotas on, or voluntaryrestraint agreements with respect to,imports of textile or apparel products.

If a penalty claim has been issuedwith respect to any of the above

violations, and no petition in responseto the claim has been filed, the name ofthe party to whom the penalty claimwas issued will appear on the list. If apetition, supplemental petition orsecond supplemental petition for relieffrom the penalty claim is submittedunder 19 U.S.C. 1618, in accord withthe time periods established by§§ 171.32 and 171.33, CustomsRegulations (19 CFR 171.32, 171.33) andthe petition is subsequently denied orthe penalty is mitigated, and no furtherpetition, if allowed, is received within30 days of the denial or allowance ofmitigation, then the administrativeaction shall be deemed to be final andadministrative remedies will be deemedto be exhausted. Consequently, thename of the party to whom the penaltyclaim was issued will appear on the list.However, provision is made for anappeal to the Secretary of the Treasuryby the person named on the list, for theremoval of its name from the list. If theSecretary finds that such person orentity has not committed any of theenumerated violations for a period ofnot less than 3 years after the date onwhich the person or entity’s name waspublished, the name will be removedfrom the list as of the next publicationof the list.

Reasonable Care RequiredSection 592A also requires any

importer of record entering, introducing,or attempting to introduce into thecommerce of the United States textile orapparel products that were eitherdirectly or indirectly produced,manufactured, supplied, sold, exported,or transported by such named person toshow, to the satisfaction of theSecretary, that such importer hasexercised reasonable care to ensure thatthe textile or apparel products areaccompanied by documentation,packaging, and labeling that are accurateas to its origin. Reliance solely uponinformation regarding the importedproduct from a person named on the listis clearly not the exercise of reasonablecare. Thus, the textile and apparelimporters who have some commercialrelationship with one or more of thelisted parties must exercise a degree ofreasonable care in ensuring that thedocumentation covering the importedmerchandise, as well as its packagingand labeling, is accurate as to thecountry of origin of the merchandise.This degree of reasonable care must relyon more than information supplied bythe named party.

In meeting the reasonable carestandard when importing textile orapparel products and when dealing witha party named on the list published

pursuant to section 592A of the TariffAct of 1930, an importer shouldconsider the following questions inattempting to ensure that thedocumentation, packaging, and labelingis accurate as to the country of origin ofthe imported merchandise. The list ofquestions is not exhaustive but isillustrative.

(1) Has the importer had a priorrelationship with the named party?

(2) Has the importer had anydetentions and/or seizures of textile orapparel products that were directly orindirectly produced, supplied, ortransported by the named party?

(3) Has the importer visited thecompany’s premises and ascertainedthat the company has the capacity toproduce the merchandise?

(4) Where a claim of substantialtransformation is made, has theimporter ascertained that the namedparty actually substantially transformsthe merchandise?

(5) Is the named party operating fromthe same country as is represented bythat party on the documentation,packaging or labeling?

(6) Have quotas for the importedmerchandise closed or are they nearingclosing from the main producercountries for this commodity?

(7) What is the history of this countryregarding this commodity?

(8) Have you asked questions of yoursupplier regarding the origin of theproduct?

(9) Where the importation isaccompanied by a visa, permit, orlicense, has the importer verified withthe supplier or manufacturer that thevisa, permit, and/or license is both validand accurate as to its origin? Has theimporter scrutinized the visa, permit orlicense as to any irregularities thatwould call its authenticity intoquestion?

The law authorizes a biannualpublication of the names of the foreignentities. On September 28, 1995,Customs published a Notice in theFederal Register (60 FR 50239) whichidentified 9 entities which fell withinthe purview of section 592A of theTariff Act of 1930.

592A ListFor the period ending March 31, 1996,

Customs has identified 8 (eight) foreignentities that fall within the purview ofsection 592A of the Tariff Act of 1930.This list reflects the removal of 5 namesfrom the list published in September1995, and the addition of 4 new entities.The parties on the current list wereassessed a penalty claim under 19U.S.C. 1592, for one or more of the fourabove-described violations. The


administrative penalty action wasconcluded against the parties by one ofthe actions noted above as havingterminated the administrative process.

The names and addresses of the 8foreign parties which have beenassessed penalties by Customs forviolations of section 592 are listedbelow pursuant to section 592A. Thislist supersedes any previouslypublished list.Bestraight Limited, Room 5K, World

Tech Centre, 95 How Ming Street,Kwun Tong, Kowloon, Hong Kong.

Cotton Breeze International, 13/1578Govindpuri, New Delhi, India.

Hangzhou Tongda Textile Group, Room918, Hangzhou Mansion, No. 1 WulinSquare, Hangzhou, China.

Hanin Garment Factory, 31 Tai YauStreet, Kowloon, Hong Kong.

Hip Hing Thread Company, No. 10, 6/F Building A, 221 Texaco Road,Waikai Industtrial Centre, Tsuen Wan,N.T. Hong Kong.

Poshak International, H–83 SouthExtension, Part-I (Back Side), NewDelhi, India.

United Fashions, C–7 Rajouri Garden,New Delhi, India.

Yunnan Provincial Textiles Import &Export, 576 Beijing Road Kunming,Yun Nan, China.Any of the above parties may petition

to have its name removed from the list.Such petitions, to include anydocumentation that the petitionerdeems pertinent to the petition, shouldbe forwarded to the AssistantCommissioner, Office of FieldOperations, United States CustomsService, 1301 Constitution Avenue,Washington, D.C. 20229.

Additional Foreign EntitiesIn the September, 1995 Federal

Register notice, Customs also solicitedinformation regarding the whereaboutsof 40 foreign entities, which wereidentified by name and known address,concerning alleged violations of section592. Persons with knowledge of thewhereabouts of those 40 entities wererequested to contact the AssistantCommissioner, Office of FieldOperations, United States CustomsService, 1301 Constitution Avenue,Washington, D.C. 20229.

As a result of information received inresponse to the solicitation, 6 nameswere removed from the list. In thisdocument, a new list is being publishedwhich contains the names and lastknown address of 37 entities. Thisreflects the removal of 6 names from theprevious list and the addition of 3 newentities to the list.

Customs is soliciting informationregarding the whereabouts of the

following 37 foreign entities concerningalleged violations of section 592. Theirname and last known address are listedbelow:Bahadur International, 250 Naraw

Industrial Area, New Delhi, India.Madan Exports, E–106 Krishna Nagar,

New Delhi, India.Gulnar Fashion Export, 14 Hari Nagar,

Ashram, New Delhi, India.Janardhan Exports, E–106 Krishna

Nagar, New Delhi, India.Morrin International, E–106 Krishna

Nagar, New Delhi, India.Jai Arjun Mfg., Co., B 4/40 Paschim

Vihar, New Delhi, India.Eroz Fashions, 535 Tuglakabad

Extension, New Delhi, India.China Artex Corp. Beijing Arts, 132–16

Changan Avenue, Beijing, China.Shenzhen Long Gang Ji Chuen,

Shenzhen, Long Gang Zhen, China.Traffic, D1/180 Lajpat Nagar, New

Delhi, India.Raj Connections, E–106 Krishna Nagar,

Delhi, India.Bao An Wing Shing Garment Factory,

Ado Shi Qu, Bao An Shen Zhen,China.

Guidetex Garment Factory, 12 Qian JinDong Jie, Yao Tai Xian Yuan Li,Canton, China.

Dechang Garment Factory, ShantouS.E.Z., Cheng Hai, Cheng Shing,China.

Guangdong Provincial Improved, 60 RenMin Road, Guangdong, China.

Kin Cheong Garment Factory, No. 13Shantan Street, Sikou Country,Taishan, Kwangtong, China.

Gold Tube Ltd., No. 55 Hung To Road,Kwun Tong, Kowloon, Hong Kong.

Sam Hing Bags Factory, Ltd., #35 TaiPing West Road, Jiu Jaing, Ghangdong,China.

Luen Kong Handbag Factory, 33Nanyuan Road, Shenzhen,Guangdong, China.

Changping High Stage Knitting, YuanJing Yuan, Chau Li Qu Chang,Guangdong, China.

Arsian Company Ltd, XII Khorcolo,Waanbaatar, Mongolia.

Kin Fung Knitting Factory, Block A&B,4th Flr Por Mee Bldg., 500 Casle PeakRd., Kowloon, Hong Kong.

Cahaya Suria Sdn Bhd, Lot 5, Jalan 3,Kedah, Malaysia.

Crown Garments Factory Sdn Bhd, Lot112, Jalan Kencana, Bagan Ajam,Malaysia.

Glee Dragon Garment Mfg.. Ltd., 328Castle Peak Rd., Room G 10Fl, TsuenKam Centre, Kowloon, Hong Kong.

Richman Garment Manufacturing Co.,Ltd., 7th Fl, Singapore IndustrialBldg., 338 Kwun Tong Road,Kowloon, Hong Kong.

Herrel Company , 64 Rowell Road,Suva, Fiji.

Belwear Co., Ltd., Flat C, 3rd Floor, YukYat Street, Kowloon, Hong Kong.

Hambridge Ltd., 9 Fl., Lladro Building72–80, Hoi Yuen Road, Kwun Tong,Kowloon, Hong Kong.

Kingston Garment Ltd., Lot 42–44Caracas Dr., Kingston, Jamaica.

Moderntex International Inc., 3941,Kowloon, Hong Kong.

Poltex Sdn, 8 Jalan Serdang, Kedah,Malaysia.

Sam Hing International Enterprise, 5Guernsey St., Guilford NSW,Australia.

Societe Prospere De Vetements S.A.,Lome, Togo.

Confecciones Kalinda S.A., ZonaFranca, Los Alcarrizos, SantoDomingo, Dominican Republic.

Royal Mandarin Knitworks Co., Flat C21/F, So Tau Centre, 11–15 Sau Road,Kwai Chung, N.T., Hong Kong.

Wong’s International, Nairamdliyn 26,Ulaanbaatar 11, Naaun, Mongolia.If you have any information as to a

correct mailing address for any of theabove 37 firms, please send thatinformation to the AssistantCommissioner, Office of FieldOperations, U.S. Customs Service, 1301Constitution Avenue, N.W.,Washington, D.C. 20229.

Dated: March 26, 1996.Samuel H. Banks,Assistant Commissioner, Office of FieldOperations.[FR Doc. 96–7717 Filed 3–28–96; 8:45 am]BILLING CODE 4820–02–P

Internal Revenue Service

Proposed Collection; CommentRequest for Forms 8804, 8805, and8813

AGENCY: Internal Revenue Service (IRS),Treasury.ACTION: Notice and request forcomments.

SUMMARY: The Department of theTreasury, as part of its continuing effortto reduce paperwork and respondentburden, invites the general public andother Federal agencies to take thisopportunity to comment on proposedand/or continuing informationcollections, as required by thePaperwork Reduction Act of 1995,Public Law 104–13 (44 U.S.C.3506(c)(2)(A)). Currently, the IRS issoliciting comments concerning Form8804, Annual Return for PartnershipWithholding Tax (Section 1446), Form8805, Foreign Partner’s InformationStatement of Section 1446 Withholding


Tax, and Form 8813, PartnershipWithholding Tax Payment (Section1446).DATES: Written comments should bereceived on or before May 28, 1996 tobe assured of consideration.ADDRESSES: Direct all written commentsto Garrick R. Shear, Internal RevenueService, room 5571, 1111 ConstitutionAvenue NW., Washington, DC 20224.FOR FURTHER INFORMATION CONTACT:Requests for additional information orcopies of the form(s) and instructionsshould be directed to Martha R. Brinson,(202) 622–3869, Internal RevenueService, room 5571, 1111 ConstitutionAvenue NW., Washington, DC 20224.


Title: Form 8804, Annual Return forPartnership Withholding Tax (Section1446), Form 8805, Foreign Partner’sInformation Statement of Section 1446Withholding Tax, and Form 8813,Partnership Withholding Tax Payment(Section 1446).

OMB Number: 1545–1119.Form Number: Forms 8804, 8805, and

8813.Abstract: Internal Revenue Code

section 1446 requires U.S. partnershipsto pay a withholding tax if they haveeffectively connected taxable incomethat is allocable to foreign partners. Thepartnerships use Form 8813 to makepayments of withholding tax to the IRS.They use Forms 8804 and 8805 to makeannual reports to provide the IRS andaffected partners with information toassure proper withholding, crediting topartners’ accounts, and compliance.

Current Actions: There are no changesbeing made to the forms at this time.

Type of Review: Extension of acurrently approved collection.

Affected Public: Business or other for-profit organizations and individuals orhouseholds.


Estimated Time per Respondent: 24hr., 14 min.

Estimated Total Annual BurdenHours: 121,150.REQUEST FOR COMMENTS: Commentssubmitted in response to this notice willbe summarized and/or included in therequest for OMB approval. Allcomments will become a matter ofpublic record. Comments are invited on:(a) Whether the collection ofinformation is necessary for the properperformance of the functions of theagency, including whether theinformation shall have practical utility;(b) the accuracy of the agency’s estimateof the burden of the collection ofinformation; (c) ways to enhance the

quality, utility, and clarity of theinformation to be collected; and (d)ways to minimize the burden of thecollection of information onrespondents, including through the useof automated collection techniques orother forms of information technology.

Approved: March 22, 1996.Garrick R. Shear,IRS Reports Clearance Officer.[FR Doc. 96–7767 Filed 3–28–96; 8:45 am]BILLING CODE 4830–01–P

Proposed Collection; CommentRequest for Form 8815


SUMMARY: The Department of theTreasury, as part of its continuing effortto reduce paperwork and respondentburden, invites the general public andother Federal agencies to take thisopportunity to comment on proposedand/or continuing informationcollections, as required by thePaperwork Reduction Act of 1995,Public Law 104–13 (44 U.S.C.3506(c)(2)(A)). Currently, the IRS issoliciting comments concerning Form8815, Exclusion of Interest From SeriesEE U.S. Savings Bonds Issued After1989.DATES: Written comments should bereceived on or before May 28, 1996 tobe assured of consideration.ADDRESSES: Direct all written commentsto Garrick R. Shear, Internal RevenueService, room 5571, 1111 ConstitutionAvenue NW., Washington, DC 20224.FOR FURTHER INFORMATION CONTACT:Requests for additional information orcopies of the form(s) and instructionsshould be directed to Martha R. Brinson,(202) 622–3869, Internal RevenueService, room 5571, 1111 ConstitutionAvenue NW., Washington, DC 20224.SUPPLEMENTARY INFORMATION:

Title: Exclusion of Interest FromSeries EE U.S. Savings Bonds IssuedAfter 1989.

OMB Number: 1545–1173.Form Number: Form 8815.Abstract: If an individual redeems

series EE U.S. savings bonds issued after1989 and pays qualified highereducation expenses during the year, theinterest on the bonds may be excludablefrom income. Form 8815 is used by theindividual to figure the amount ofsavings bond interest that is excludable.

Current Actions: There are no changesbeing made to the form at this time.


Affected Public: Individuals orhouseholds.


Estimated Time per Respondent: 2 hr.,1 min.

Estimated Total Annual BurdenHours: 50,420.REQUEST FOR COMMENTS: Commentssubmitted in response to this notice willbe summarized and/or included in therequest for OMB approval. Allcomments will become a matter ofpublic record. Comments are invited on:(a) Whether the collection ofinformation is necessary for the properperformance of the functions of theagency, including whether theinformation shall have practical utility;(b) the accuracy of the agency’s estimateof the burden of the collection ofinformation; (c) ways to enhance thequality, utility, and clarity of theinformation to be collected; and (d)ways to minimize the burden of thecollection of information onrespondents, including through the useof automated collection techniques orother forms of information technology.


Proposed Collection; CommentRequest for Form 2441


SUMMARY: The Department of theTreasury, as part of its continuing effortto reduce paperwork and respondentburden, invites the general public andother Federal agencies to take thisopportunity to comment on proposedand/or continuing informationcollections, as required by thePaperwork Reduction Act of 1995,Public Law 104–13 (44 U.S.C.3506(c)(2)(A)). Currently, the IRS issoliciting comments concerning Form2441, Child and Dependent CareExpenses.DATES: Written comments should bereceived on or before May 26, 1996 tobe assured of consideration.ADDRESSES: Direct all written commentsto Garrick R. Shear, Internal RevenueService, room 5571, 1111 ConstitutionAvenue NW., Washington, DC 20224.


FOR FURTHER INFORMATION CONTACT:Requests for additional information orcopies of the form(s) and instructionsshould be directed to Martha R. Brinson,(202) 622–3869, Internal RevenueService, room 5571, 1111 ConstitutionAvenue NW., Washington, DC 20224.SUPPLEMENTARY INFORMATION:

Title: Child and Dependent CareExpenses.

OMB Number: 1545–0068.Form Number: Form 2441.Abstract: Internal Revenue Code

section 21 allows a credit for certainchild and dependent care expenses to beclaimed on Form 1040 (reduced byemployer-provided day care excludedunder Code section 129). Form 2441 isused to verify that the credit andexclusion are properly figured, and thatday care provider information isreported.

Current Actions: There are no changesbeing made to the form at this time.


Affected Public: Individuals orhouseholds.

Estimated Number of Respondents:4,421,940.

Estimated Time per Respondent: 2 hr.30 min.

Estimated Total Annual BurdenHours: 11,054,850.REQUEST FOR COMMENTS: Commentssubmitted in response to this notice willbe summarized and/or included in therequest for OMB approval. Allcomments will become a matter ofpublic record. Comments are invited on:(a) Whether the collection ofinformation is necessary for the properperformance of the functions of theagency, including whether theinformation shall have practical utility;(b) the accuracy of the agency’s estimateof the burden of the collection ofinformation; (c) ways to enhance thequality, utility, and clarity of theinformation to be collected; and (d)ways to minimize the burden of thecollection of information onrespondents, including through the useof automated collection techniques orother forms of information technology.


Renewable Electricity ProductionCredit, Publication of InflationAdjustment Factor and ReferencePrices for Calendar Year 1996

AGENCY: Internal Revenue Service (IRS),Treasury.

ACTION: Publication of inflationadjustment factor and reference pricesfor calendar year 1996 as required bysection 45(d)(2)(A) (26 U.S.C.45(d)(2)(A)).

SUMMARY: The 1996 inflation adjustmentfactor and reference prices are used indetermining the availability of therenewable electricity production creditunder section 45(a).DATES: The 1996 inflation adjustmentfactor and reference prices apply tocalendar year 1996 sales of kilowatthours of electricity produced in theUnited States or a possession thereoffrom qualified energy resources.INFLATION ADJUSTMENT FACTOR: Theinflation adjustment factor for calendaryear 1996 is 1.0750.REFERENCE PRICES: The reference pricesfor calendar year 1996 are 5.5¢ perkilowatt hour for facilities producingelectricity from wind and 0¢ perkilowatt hour for facilities producingelectricity from closed-loop biomass.The reference price for electricityproduced from closed-loop biomass, asdefined in section 45(c)(2), is based ona determination under section45(d)(2)(C) that in calendar year 1995there were no sales of electricitygenerated from closed-loop biomassenergy resources under contractsentered into after December 31, 1989.

Because the 1996 reference prices forelectricity produced from wind andclosed-loop biomass energy resourcesdo not exceed 8¢ multiplied by theinflation adjustment factor, the phaseoutof the credit provided in section 45(b)(1)does not apply to electricity sold duringcalendar year 1996.CREDIT AMOUNT: As required by section45(b)(2), the 1.5¢ amount in section45(a)(1) is adjusted by multiplying suchamount by the inflation adjustmentfactor for the calendar year in which thesale occurs. If any amount as increasedunder the preceding sentence is not amultiple of 0.1¢, such amount isrounded to the nearest multiple of 0.1¢.Under the calculation required bysection 45(b)(2), the renewableelectricity production credit forcalendar year 1996 under section 45(a)is 1.6¢ per kilowatt hour on the sale ofelectricity produced from closed-loopbiomass and wind energy resources.FOR FURTHER INFORMATION CONTACT:David A. Selig, IRS, CC:DOM:P&SI:5,1111 Constitution Ave., NW.,Washington, D.C. 20224, (202) 622–3040(not a toll-free call).Judith C. Dunn,Associate Chief Counsel (Domestic).[FR Doc. 96–7656 Filed 3–28–96; 8:45 am]BILLING CODE 4830–01–P

Office of Thrift Supervision

[AC–22; OTS No. 05338]

First Federal Savings and LoanAssociation of Herrin, Herrin, Illinois;Approval of Conversion Application

Notice is hereby given that on March22, 1996, the Director, CorporateActivities, Office of Thrift Supervision,or her designee, acting pursuant todelegated authority, approved theapplication of First Federal Savings andLoan Association of Herrin, Herrin,Illinois, to convert to the stock form oforganization. Copies of the applicationare available for inspection at theDissemination Branch, Office of ThriftSupervision, 1700 G Street, N.W.,Washington, D.C. 20552, and the CentralRegional Office, Office of ThriftSupervision, 200 West Madison Street,Suite 1300, Chicago, Illinois 60606.

Dated: March 26, 1996.By the Office of Thrift Supervision.

Nadine Y. Washington,Corporate Secretary.[FR Doc. 96–7758 Filed 3–28–96; 8:45 am]BILLING CODE 6720–01–P

[AC–21; OTS No. 5755]

The Lexington Building and LoanAssociation, F.A., Lexington, Missouri;Approval of Conversion Application

Notice is hereby given that on March25, 1996, the Director, CorporateActivities, Office of Thrift Supervision,or her designee, acting pursuant todelegated authority, approved theapplication of The Lexington Buildingand Loan Association, F.A., Lexington,Missouri, to convert to the stock form oforganization. Copies of the applicationare available for inspection at theDissemination Branch, Office of ThriftSupervision, 1700 G Street, N.W.,Washington, D.C. 20552, and theMidwest Regional Office, Office ofThrift Supervision, 122 W. JohnCarpenter Freeway, Suite 600, Dallas,Texas 75039–2010.

Dated: March 26, 1996.By the Office of Thrift Supervision.

Nadine Y. Washington,Corporate Secretary.[FR Doc. 96–7757 Filed 3–28–96; 8:45 am]BILLING CODE 6720–01–P


DEPARTMENT OF VETERANSAFFAIRS

Medical Research Service CooperativeStudies Evaluation Committee; Noticeof Meeting

The Department of Veterans Affairsgives notice under Public Law 92–463(Federal Advisory Committee Act), asamended, by section 5(c) of Public Law94–409, that a meeting of the MedicalResearch Service Cooperative StudiesEvaluation Committee will be held atthe Ramada Hotel (Old Town)Alexandria, VA 22314, April 23–24,1996. The session on April 23 isscheduled to begin at 7:30 a.m. and endat 5 p.m. and on April 24 from 7:30 a.m.to 3 p.m. The meeting will be for thepurpose of reviewing five new protocolsfor multi-hospital clinical trial: one ontreatment of seizures in the elderly, oneon treatment of cirrhosis in patientswith alcoholic liver disease; one oncomparison of three procedures forbleeding esophageal varices; one on

naltrexone treatment of alcoholism; andone on specialized medication andrevascularization therapy and progressof two on-going cooperative studies, oneon risk factors for colon cancer and oneon genetic study on schizophrenia.

The Committee advises the Director,Medical Research Service, through theChief of Cooperative Studies Program onthe relevance and feasibility of thestudies, the adequacy of the protocols,and the scientific validity and proprietyof technical details, includingprotection of human subjects.

The meeting will be open to thepublic up to the seating capacity of theroom from 7:30 a.m. to 8 a.m. on bothdays to discuss the general status of theprogram. To assure adequateaccommodations, those who plan toattend should contact Dr. Ping Huang,Coordinator, Medical Research Service,Cooperative Studies EvaluationCommittee, Department of VeteransAffairs, Washington, DC, (202) 565–7154, prior to the meeting.

The meeting will be closed from 8a.m. to 5 p.m. on April 23, 1996, andfrom 8 a.m. to 3 p.m. on April 24, 1996,for consideration of specific proposal inaccordance with provisions set forth insection 10(d) of Public Law 92–463, asamended by section 5(c) of Public Law94–409, and 5 U.S.C. 552b (c)(6). Duringthis portion of the meeting, discussionsand recommendations will deal withqualifications of personnel conductingthe studies, staff and consultantcritiques of research protocols, andsimilar documents, and the medicalrecords of patients who are studysubjects, the disclosure of which wouldconstitute a clearly unwarrantedinvasion of personal privacy.

Dated: March 22, 1996.By direction of the Secretary.

Heyward Bannister,Committee Management Officer.[FR Doc. 96–7648 Filed 3–28–96; 8:45 am]BILLING CODE 8320–01–M

fede

ral r

egiste

r

14211

FridayMarch 29, 1996

Part II

Department ofHealth and HumanServicesPublic Health Service

Announcement of Availability of Grantsfor General Family Planning TrainingProjects; Notice



Public Health Service

Announcement of Availability ofGrants for General Family PlanningTraining Projects

AGENCY: Office of Family Planning,OPA, PHS.ACTION: Notice.

SUMMARY: The Office of Family Planning(OFP) of the Office of Population Affairsrequests applications for grants underthe Family Planning Service TrainingProgram authorized under section 1003of the Public Health Service (PHS) Act(42 U.S.C. 300a–1(a)). Funds areavailable to train family planningpersonnel in order to maintain the highlevel of performance of family planningservices projects funded under Title Xof the PHS Act. Training will beprovided under this announcement atgeneral training centers in three of theDepartment of Health and HumanServices’ (DHHS) regions.DATES: To receive consideration,applications must be received by theGrants Management Office no later thanMay 28, 1996. Applications will beconsidered as meeting the deadline ifthey are either (1) received on or beforethe deadline date, or (2) postmarked onor before the deadline date and receivedin time for submission to the reviewcommittee. A legibly dated receipt froma commercial carrier or U.S. PostalService will be accepted in lieu of apostmark. Private metered postmarkswill not be accepted as proof of timelymailing. Applications which arepostmarked or delivered to the GrantsManagement Office later than May 28,1996 will be judged late and will not beaccepted for review. Applications whichdo not conform to the requirements ofthe program announcement or meet theapplicable requirements of 42 CFR part59, subpart C, will not be accepted forreview. Applicants will be notified, andapplications will be returned.ADDRESSES: Requests for application kitsmay be faxed to (301) 594–5980.Application kits may also be obtainedfrom and applications must besubmitted to the Office of PopulationAffairs, Grants Management Office, 4350East-West Highway, Suite 200, WestTower, Bethesda, MD 20814.FOR FURTHER INFORMATION CONTACT:Ms. Susan Moskosky, Office of FamilyPlanning at (301) 594–4008 is availablefor assistance on scientific, technicaland program aspects, or Ms. Diane J.Osterhus, Grants Management Officer at(301) 594–4012 is available for business

management issues. Staff are availableto answer questions and provide limitedtechnical assistance in the preparationof grant applications.SUPPLEMENTARY INFORMATION: Title X ofthe PHS Act, 42 U.S.C. 300, et seq.,authorizes the Secretary of Health andHuman Services to award grants forprojects to provide training for familyplanning service personnel. (Catalog ofFederal Domestic Assistance Number93.260). This notice announces theavailability of approximately $700,000in funding and solicits applications forthree general training projects to assistin the establishment and operation ofregional training centers for Regions I,V, and VII. Grants will be funded withincertain ranges, as set out below. Thefunding ranges for the regions aredetermined based on the assessment ofthe Deputy Assistant Secretary forPopulation Affairs (DASPA) of theregions’ relative need for training funds;funding of individual grants within eachfunding range will be based on theDASPA’s assessment of such factors asthe training needs within the region andthe cost and availability of personnel fortraining.

The training projects are as follows:One general training grant for DHHS

Region I (Connecticut, Maine,Massachusetts, New Hampshire, RhodeIsland and Vermont). A funding range of$181,500–$200,600 is available for thisgrant.

One general training grant for DHHSRegion V (Illinois, Indiana, Michigan,Minnesota, Ohio, Wisconsin). A fundingrange of $315,400–$348,600 is availablefor this grant.

One general training grant for DHHSRegion VII (Iowa, Kansas, Missouri,Nebraska). A funding range of$168,400–$186,100 is available for thisgrant.

Statutory and Regulatory Background

Title X of the PHS Act, enacted byPublic Law 91–572, authorizes grantsfor projects to provide family planningservices to persons from low-incomefamilies and others. Section 1001 of theAct, as amended, authorizes grants ‘‘toassist in the establishment andoperation of voluntary family planningprojects which shall offer a broad rangeof acceptable and effective familyplanning methods and services(including natural family planningmethods, infertility services andservices for adolescents).’’ Section 1003of the Act, as amended, authorizes theSecretary to make grants to entities toprovide the training for personnel tocarry out the family planning servicesprograms.

The regulations set out at 42 CFR part59, subpart C, govern grants for familyplanning services training. Prospectiveapplicants should refer to theregulations in their entirety.

Role and Operation of the TrainingProgram

Under the regulations, ‘‘training’’means job-specific skill development.Continuing education activities that areinnovative or non-traditional areencouraged. The development or use ofself-paced, self-instructional or othertraining materials which utilizetechnological advancements in thelearning field are also acceptable.

The purpose of the general trainingprogram is to provide short-termtraining, continuing education,inservice education and staffdevelopment for personnel in order toimprove or maintain at a high level theperformance of Title X family planningservices providers.

Successful applicants will be requiredto work closely with a network of otherPHS agencies, including the central andregional office staffs, Title X servicedelivery providers, and regional trainingadvisory committees which providerepresentation from all service grantees.Successful applicants will be requiredto review and consider policy andprogram goals of the Title X familyplanning program, solicit advice fromthe regional training advisorycommittee, and consult with Title Xservice delivery providers about trainingpriorities, course content, andcurriculum. Because of outcomes fromthe community planning process andemphasis on community involvement,successful applicants should also stressmechanisms that solicit input from the‘‘customer,’’ both clinician and client.

In developing curricula and trainingprograms, general training programssupported under this announcementshould be sensitive to the importance ofsupporting the program priorities of theTitle X services program, whichinclude:

• Increased outreach to individualsnot likely to seek services, includinghomeless persons, disabled persons,substance abusers and adolescents;

• Expansion of comprehensiveness ofreproductive health services, includingSTD and cancer screening andprevention, increased involvement ofmale partners, HIV prevention,education and counseling, andsubstance abuse screening and referral;

• Increased emphasis on services toadolescents, including more communityeducation, emphasis on postponementof sexual activity, and more accessible


provision of contraceptive counselingand contraception;

• Elimination of disincentives toproviding long-acting, highly effectivecontraceptives, serving high risk (andhigh-unit cost) clients, and providingnonrevenue-generating services, such ascommunity education and preventionservices; and

• Increased emphasis on training andretention of Women’s Health nursepractitioners, particularly minoritynurse practitioners and nursepractitioners serving disadvantaged andmedically underserved communities.

Applicants must be prepared to focustraining on emerging issues, such asmanaged care, new concepts incommunication and increased emphasison public information and education.The DHHS project officer or designeemay periodically direct the traininggrantee to make adjustments in thetraining agenda. The applicant mustdemonstrate the ability to be flexible interms of scheduling training thatresponds to emerging issues as directedby the DHHS project officer or designee.All training events shall be approved (inadvance) by the DHHS project officer ordesignee.

Successful applicants will beresponsible for the overall managementof a general training program within thegeographic area for which the grant ismade. This responsibility includes:

• Developing an annual training planwhich demonstrates flexibility inresponding to emerging focus areas, andwhich reflects national and regionalgoals and the training needs of localTitle X service providers;

• Developing criteria for selection ofstaff or consultants who will conducttraining, including prerequisitequalifications. Such criteria shouldreflect a sensitivity to the unique typesof training that will be needed toaddress emerging issues;

• Developing a process to identify theappropriateness of training offerings forthe various levels of Title X servicesgrantee personnel;

• Maintaining data on the regionaltraining program sufficient to allowevaluation by central and regionaloffices, and self-evaluation by thetraining grantees;

• Developing and implementing anannual training schedule whichincludes measurable objectives forsessions, and which confers continuingeducation units to participants whereappropriate;

• Making available at cost allmaterials developed with Title X fundsto other federally-funded projects uponrequest;

• Attending at least one trainingmeeting called by Central Officeannually.

Application Requirements

Applications must be submitted onthe forms supplied (PHS–5161–1) (OMBApproval No. 0937–0189) and in themanner prescribed in the applicationkits available from the Office of GrantsManagement. Applicants are required tosubmit an application signed by anindividual authorized to act for theapplicant agency or organization and toassume for the organization theobligations imposed by the terms andconditions of the grant award.Applicants are required to submit anoriginal application and two copies.

Accepted applications will besubjected to a competitive reviewprocess. The results of this review willassist the DASPA in consideringcompeting applications and in makingthe final funding decisions.

Any public or private nonprofitorganizations or agency is eligible toapply for a grant. It is not required thatan entity applying for a grant bephysically located in the region to beserved by the proposed project. Awardswill be made only to those organizationor agencies which have demonstratedthe capability of providing the proposedservices, and which have met allapplicable requirements.

A copy of the legislation andregulations governing this program willbe sent to applicants as part of theapplication kit package. Applicantsshould use the legislation, regulationsand information included in thisannouncement to guide them indeveloping their applications.Applications should be limited to 50doubled-spaced pages, not includingappendices providing curriculum vitaeor statements of organizationalcapabilities.

Application Consideration andAssessment

Eligible competing grant applicationswill be reviewed by a multidisciplinarypanel of independent reviewers andassessed according to the followingcriteria:

1. The extent to which the proposedtraining program will enhance thedelivery of services to Title X clients,particularly persons from low-incomefamilies. (15 points)

2. The extent to which the proposedtraining program has the potential tofulfill the training needs of the familyplanning services grantees in the areasto be served, which may include amongother things:

a. Development of a capability withinfamily planning services projects toprovide pre- and in-service training totheir own staffs;

b. Improvement of the familyplanning service delivery skills offamily planning and health servicespersonnel; and

c. Improvement in the utilization andcareer development of paraprofessionaland paramedical manpower in familyplanning services.

Total consideration for a, b, and c. (15points)

3. The extent to which the trainingprogram proposes appropriate strategiesto improve the provision of familyplanning services in rural areas andHealth Professional Shortage Areas(HPSAs). (10 points)

4. The capacity of the applicant tomake rapid and effective use of thetraining grant. (10 points)

5. The administrative andmanagement capability and competenceof the project staff and applicantorganization. (15 points)

6. The ability of the applicant to beflexible in making timely adjustments tothe training agenda in order to meetemerging family planning needs, asdirected by the DHHS project officer ordesignee. (20 points)

7. The degree to which the projectplan adequately provides for therequirements set forth in 42 CFR 59.205,including the applicant’s presentation ofthe project’s objectives, the methods forachieving project objectives, the abilityto involve providers and the regionaloffice, and the results or benefitsexpected. (15 points)

In making grant award decisions, theDASPA will fund those projects whichwill, in her judgment, best promote thepurposes of section 1003 of the Act,within the limits of funds available forsuch projects.

Grants will be approved for projectperiods of up to 3 years. Grants arefunded in annual increments (budgetperiods). Funding for all approvedbudget periods beyond the first year ofthe grant is contingent upon satisfactoryprogress of the project, efficient andeffective use of grant funds provided,and availability of funds.

Review Under Executive Order 12372Applicants under this announcement

are subject to the review requirements ofExecutive Order 12372,Intergovernmental Review ofDepartment of Health and HumanServices Programs and Activities, asimplemented by 45 CFR part 100. Assoon as possible, the applicant shoulddiscuss the project with the State Singlepoint of Contact (SPOC) for each state in


the area to be served. The applicationkit contains the currently availablelisting of the SPOCs which have electedto be informed of the submission ofapplications. For those States notrepresented on the listing, furtherinquiries should be made by theapplicant regarding the submission ofthe relevant SPOC. The SPOC’scomment(s) should be forwarded to theOffice of Population Affairs, Grants

Management Office, 4350 East-WestHighway, Suite 200, West Tower,Bethesda, MD 20814. Such commentsmust be received by the Office ofPopulation Affairs by May 28, 1996 tobe considered.

When final funding decisions havebeen made, each applicant will benotified by letter of the outcome. Theofficial document notifying an applicantthat a project application has been

approved for funding is the Notice ofGrant Award, which specifies to thegrantee the amount of money awarded,the purposes of the grant, and terms andconditions of the grant award.

Dated: March 20, 1996.Felicia H. Stewart,Deputy Assistant Secretary for PopulationAffairs.[FR Doc. 96–7638 Filed 3–28–96; 8:45 am]BILLING CODE 4160–17–M

fede

ral r

egiste

r

14215


Part III

Department of DefenseGeneral ServicesAdministrationNational Aeronautics andSpace Administration48 CFR Part 31Federal Acquisition Regulation;Contractor Overhead Certification;Proposed Rule


DEPARTMENT OF DEFENSE


NATIONAL AERONAUTICS ANDSPACE ADMINISTRATION

48 CFR Part 31

[FAR Case 92–613]

RIN 9000–AG85

Federal Acquisition Regulation;Contractor Overhead Certification

AGENCIES: Department of Defense (DOD),General Services Administration (GSA),and National Aeronautics and SpaceAdministration (NASA).ACTION: Proposed rule.

SUMMARY: The Civilian AgencyAcquisition Council (CAAC) and theDefense Acquisition RegulationsCouncil (DARC) are consideringrevisions to the Federal AcquisitionRegulation to clarify the allowability ofcertain costs. This regulatory action wasnot subject to Office of Management andBudget review under Executive Order12866, dated September 30, 1993.DATES: Comments should be submittedon or before May 28, 1996, to beconsidered in the formulation of a finalrule.ADDRESSES: Interested parties shouldsubmit written comments to: GeneralServices Administration, FARSecretariat, (VRS), 18th & F Streets NW.,Room 4037, Washington, DC 20405.

Please cite FAR case 92–613 in allcorrespondence related to this case.FOR FURTHER INFORMATION CONTACT: Mr.Jeremy F. Olson at (202) 501–3221 inreference to this FAR case. For generalinformation, contact the FARSecretariat, Room 4037, GS Building,Washington, DC 20405; telephone: (202)501–4755. Please cite FAR case 92–613.


A. BackgroundThe General Accounting Office

(GAO), in its report GAO/NSIAD–93–79,‘‘CONTRACT PRICING: Unallowable

Costs Charged to Defense Contracts,’’dated November 20, 1992, reportedmany instances where contractors hadproposed costs for gifts andentertainment that appeared to bequestionable. Some of those costsappeared to be unallowable under theexisting cost principles and others,while not specifically unallowable,appeared to be unreasonable. GAOrecommended that FAR 31.205–1, 31–205–13, and 31.205–14 be revised toeliminate confusion as to which costprinciple was controlling. TheDecember 1992 OMB SWAT summaryreport on civilian agency contractingpractices also recommended these costprinciples be made more explicit.

This proposed rule removes fromparagraph (f)(5) of the cost principle atFAR 31.205–1, Public relations andadvertising costs, the parentheticalreference to other cost principles toeliminate any confusion as to whichcost principle governs. Otherrecommendations made by GAO and theOMB SWAT concerning furtherrevisions to the cost principles havenow been overtaken by theimplementation of the FederalAcquisition Streamlining Act of 1994(FASA), Public Law 103–355. Theseinclude revisions to FAR 31.205–13 and31.205–14, which were published asfinal in the Federal Register at 60 FR42648, August 16, 1995, under FARCase 94–750, Entertainment, Gift, andRecreation Costs for ContractorEmployees. FAR Case 94–750implements section 2192 of FASA.Revisions to FAR Parts 42 and 52,requiring contractors to certify thatindirect cost rate proposals do notcontain unallowable costs, werepublished as a final rule in the FederalRegister at 60 FR 42663, August 16,1995, under FAR Case 94–752,Contractor Overhead Certification,which implements section 2151 ofFASA.

B. Regulatory Flexibility Act

This proposed rule is not expected tohave a significant economic impact ona substantial number of small entitieswithin the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601, et seq.,because most contracts awarded tosmall businesses are awarded throughsealed bidding on a firm fixed-pricebasis. The cost principles apply onlywhere contracts are based on cost orpricing data. An Initial RegulatoryFlexibility Analysis has, therefore, notbeen performed. Comments from smallentities concerning the affected FARsubpart will be considered inaccordance with section 610 of the Act.Such comments must be submittedseparately and should cite 5 U.S.C. 601,et seq., (FAR case 92–613), incorrespondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act doesnot apply because the proposed changesto the FAR do not impose recordkeepingor information collection requirements,or collections of information fromofferors, contractors, or members of thepublic which require the approval of theOffice of Management and Budget under44 U.S.C. 3501, et seq. 5 CFR1320.7(j)(1) provides an exclusion forcertifications when they entail noburden other than necessary to identifythe respondent, the date, therespondent’s address and the nature ofthe instrument.


Government procurement.Dated: March 25, 1996.

Edward C. Loeb,Director, Federal Acquisition Policy Division.

Therefore, it is proposed that 48 CFRpart 31 be amended as set forth below:


PART 31—CONTRACT COSTPRINCIPLES AND PROCEDURES

Authority: 40 U.S.C. 486(c); 10 U.S.C.chapter 137; and 42 U.S.C. 2473(c).

31.205–1 [Amended]

2. Section 31.205–1(f)(5) is amendedby removing the parenthetical.

[FR Doc. 96–7687 Filed 3–28–96; 8:45 am]BILLING CODE 6820–EP–P

fede

ral r

egiste

r

14217


Part IV

Department ofHousing and UrbanDevelopmentNOFA for the Traditional Indian HousingDevelopment Program for Fiscal Year1996; Notice




Office of the Assistant Secretary forPublic and Indian Housing; NOFA forthe Traditional Indian HousingDevelopment Program for Fiscal Year1996

AGENCY: Office of the AssistantSecretary for Public and IndianHousing, HUD.ACTION: Notice of funding availability(NOFA) for Fiscal Year 1996.

SUMMARY: This notice announces theavailability of approximately$160,000,000 in Fiscal Year (FY) 1996funding for the development of newIndian Housing (IH) units and providesthe applicable criteria, processingrequirements and action timetable. AllIndian housing authorities (IHAs) whichhave not been determined to beadministratively incapable, inaccordance with 24 CFR 950.135, areinvited to submit applications for IndianHousing developments in accordancewith the requirements of this NOFA.

Note: The Congress has not yet enacted aU.S. Department of Housing and UrbanDevelopment and Independent AgenciesAppropriations Act for Fiscal Year 1996.However, HUD is publishing this notice inorder to give potential applicants adequatetime to prepare applications. The estimate ofthe amount of funds available for thisprogram is based on the anticipated level offunding for FY 1996. HUD is not bound bythe estimate set forth in this notice.

DATES: Applications must be physicallyreceived by the area Office of NativeAmerican Programs (ONAP), withinwhose jurisdiction the applicant islocated, on or before 3:00 p.m., ONAPlocal time, April 13, 1996. The applicantshall submit its application(s) for newhousing units on Form HUD–52730with all supporting documentationrequired by Appendix 2, and fordemolition or disposition in accordancewith 24 CFR part 950, subpart M.FOR FURTHER INFORMATION CONTACT:Applicants may contact the appropriatearea ONAP for further information.Refer to Appendix 1, for a complete listof ONAPs and telephone numbers.


Background Information

Paperwork Reduction Act StatementIn accordance with the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–3520), the information collectionrequirements contained in theseapplication procedures for developmentfunds were reviewed by the Office of

Management and Budget and assignedOMB control number 2577–0130. Anagency may not conduct or sponsor, anda person is not required to respond to,a collection of information unless thecollection displays a valid controlnumber.

Changes from FY 1995 NOFAThe Indian Housing Development

NOFA for FY 1996 is essentially thesame document published for the FY1995 funding cycle with the followingsubstantive changes:

A. Funding for replacement units. Inprior year NOFAs, funding to replaceunits approved for demolition/disposition was set aside from thenational allocation of new IndianHousing Development funds. Under thisNOFA, funds are being withheldsufficient to fund replacement of unitsapproved for demolition/dispositionprior to FY 1996. For units approved fordemolition/disposition in FY 1996,replacement housing may be funded byeach area ONAP utilizing fundsassigned to the area ONAP for newIndian Housing units.

B. IHAs impacted by the rescission ofnew Indian Housing Development fundsin FY 1995. IHAs that lost units/fundsdue to the rescission of new IndianHousing Development funds in FY 1995who are eligible to submit applicationsfor funding in FY 1996 may submit anadditional application(s) to replace thelost units/funds. An additional ratingfactor has been added which isapplicable for those IHA’s which lostfunds/units due to the rescission.

C. Special provisions for state createdIHAs for non-Federally recognizedtribes. Application requirementsapplicable to state created IHAs for non-Federally recognized tribes have beenincluded to highlight the correspondingregulatory requirement at 24 CFR950.225(a)(3).

D. Treatment of minor technicaldeficiencies. To reduce workloadrequirements for IHAs, ONAPs will notrequest correction of minor technicaldeficiencies in applications until aftercompletion of the rating and ranking.Only IHAs within a reasonable fundingrange will be requested to correct minortechnical deficiencies.

E. Rating criterion for length of timesince the last new Indian HousingDevelopment grant award. This ratingcriterion has been simplified to provideeach application with two points peryear for each year since the last grantaward through FY 1994.

F. Limit on awards to new IHAs. Toassist new IHAs in establishingadministration without overtaxing theorganization, new IHAs are limited to

submitting one application, either formutual help or low rent units for amaximum of 15 units.

G. Submission of cooperationagreements. To avoid unnecessary workfor IHAs that do not rank within thefunding range, the timing of thesubmission of cooperation agreements ischanged to after funding decisions aremade. Where required, validcooperation agreement(s) must besubmitted to the area ONAP before anAnnual Contributions Contract isexecuted and a Development CostBudget is approved which exceed therequirements for planning funds asspecified at 24 CFR 950.229(a)(1).

I. New DevelopmentA. Authority. 1. Statutory Authority.

Sections 5 and 6, U.S. Housing Act of1937 (42 U.S.C. 1437c, 1437d), asamended; Section 23 U.S. Housing Actof 1937, as amended by section 554,Cranston-Gonzalez National AffordableHousing Act; section 7(d), Departmentof Housing and Urban Development Act(42 U.S.C. 3535(d).

2. Indian Housing Regulations. IndianHousing Development regulations arepublished at 24 CFR part 950.

3. 24 CFR Part 135. EconomicOpportunities for Low and Very LowIncome Persons. All applicants areherein notified that the provisions ofsection 3 of the Housing and UrbanDevelopment Act of 1968, as amended,and the regulations in 24 CFR part 135are applicable to funding awards madeunder this NOFA. One of the purposesof the assistance is to give, to thegreatest extent feasible, and consistentwith existing Federal, state, and locallaws and regulations, job training,employment, contracting and othereconomic opportunities to section 3residents and section 3 businessconcerns. IHAs and tribes that receiveHUD assistance described in this partshall comply with the procedures andrequirements of this part to themaximum extent consistent with, butnot in derogation of, compliance withsection 7(b) of the Indian Self-Determination and EducationAssistance Act (25 U.S.C. 450e(b).

B. Development Allocation Amount.The Indian Housing Development fundsfor FY 1996 total approximately$160,000,000.

Note: The Congress has not yet enacted aU.S. Department of Housing and UrbanDevelopment and Independent AgenciesAppropriations Act for Fiscal Year 1996.However, HUD is publishing this notice inorder to give potential applicants adequatetime to prepare applications. The estimate ofthe amount of funds available for thisprogram is based on the anticipated level of


funding for FY 1996. HUD is not bound bythe estimate set forth in this notice.

Each of the ONAP jurisdictions hasbeen designated as the smallest practicalarea for the allocation of assistance.Funds available for new units will beassigned to the ONAPs consistent with24 CFR 791.403.

Up to $2,971,674 of the availableIndian Housing Development funds willbe made available by the Department inorder to provide funds needed toreplace units approved for demolition/disposition in FY 1995 or prior years.Any portion of the $2,971,674 withheldfor pre-FY 1996 replacement units thatis not designated for demolition/disposition replacements by July 1,1996, as well as any amounts of actualrecaptures that are realized andreallotted to the program, will be madeavailable to the six ONAPs on the samebasis as the amounts allocated for newunits.

Replacement units for demolition/disposition approved in FY 1996 may befunded from assignments for new IndianHousing units provided to the areaONAP within whose jurisdiction suchIndian housing authority resides.Funding of replacement units is notsubject to the competition announcedby this NOFA.

The competitive process described inthis NOFA will be used to select IHAapplications to be funded for newIndian Housing units. Departmentalcompliance with the metropolitan/non-metropolitan provisions of section213(d) of the Housing and CommunityDevelopment Act of 1974 may requirethe selection of lower ratedmetropolitan applications over higherrated non-metropolitan applications.Based upon an assumed appropriationof $160,000,000, the table belowindicates the grant authority availablefor new units in FY 1996 for the sixONAPs, inclusive of funds needed tomeet off-site sewer and waterrequirements.

ONAP location Funds assigned

Eastern/Woodlands ......... $22,069,860Southern Plains .............. 23,164,348Northern Plains ............... 18,051,820Southwest ....................... 48,802,519Northwest ........................ 14,248,750Alaska ............................. 30,691,029

Total ..................... 157,028,326

C. Eligibility for New Housing Units.1. Eligible applicants. All IHAs whichmeet the eligibility criteria specified at24 CFR 950.207 are invited to submitapplications for new Indian Housingunits. All IHAs that have developmentsassisted under the U. S. Housing Act of

1937, as amended, and meet therequirements of 24 CFR part 950 subpartM, may apply for funds for demolitionor disposition, whether eligible for newunits or not. Such applications are notlimited to the application due datespecified in this NOFA.

2. Applications. IHAs may submit oneapplication per program type (mutualhelp and low rent). Umbrella IHAs maysubmit one application per programtype for each member tribe. An umbrellaIHA is one that serves two or moreFederally recognized tribes or Alaskanative villages. New IHAs or existingumbrella IHAs with new, previouslyunserviced member tribes may submitone application for a maximum of 15units (either mutual help or low rent).

3. Impact of funds rescinded in FY1995. IHAs which lost funds/units as aresult of the Emergency SupplementalAppropriations for Additional DisasterAssistance, Anti-Terrorism Initiatives,for Assistance in the Recovery From theTragedy That Occurred at OklahomaCity, and Rescissions Act, 1995, (Pub. L.104–19, approved July 27, 1995) maysubmit an application (or one perprogram type, if appropriate) in additionto the applications allowed underparagraph 2 above if the fundsrescinded were equal to or greater than80 percent of the cost of a typical 3bedroom unit as specified in Notice PIH95–46 (HUD) for the IHA’s totaldevelopment cost area(s). UmbrellaIHAs may submit an application (or oneper program type, if appropriate) foreach member tribe impacted by the FY1995 rescission. Project terminationsand funding reductions in FY 1995 forprojects that failed to reach constructionstart within 30 months after initial grantapproval (see 24 CFR 950.210(c)) willnot be considered for funding under theprovisions of this paragraph. Fundsrequested for applications under thiscategory will be adjusted to the amountrequired to fund the number of unitsnearest the amount rescinded.

4. State created IHAs for non-Federally recognized tribes. To beconsidered responsive to this NOFA andto be included in the rating and rankingof applications, state created IHAs fornon-Federally recognized tribes mustidentify the general locality where theproposed units will be developed andcertify that the proposed area ofdevelopment is within the area ofoperation of the IHA. Area of operationis defined as a land area with definedgeographical boundaries, which has asignificant concentration of Indianfamilies who are:

(i) Not eligible to be served by apublic housing authority or othertribally created IHA; and

(ii) Have a bona fide historic presenceor connection with the land, asrecognized by the Federal Governmentor a state.

D. Development Award ApplicationProcess. 1. Application Due Date. AnIHA may submit an application(s) for aproject at any time after the publicationdate of this NOFA, to the ONAP havingjurisdiction over the IHA applicant onor before 3:00 p.m., ONAP local time,May 13, 1996, for new Indian Housingunits. The application(s) shall besubmitted on Form HUD–52730 andshall be accompanied by all the legaland administrative attachments requiredby the form and the items specified inAppendix 2. A facsimile of theapplication will NOT constitutephysical delivery.

The application deadline is firm as todate and hour. HUD will treat asineligible for consideration anyapplication that is received after theapplication deadline. Applicants shouldmake early submission of their materialsto avoid any risk of loss of eligibilitybrought about by unanticipated delaysor other delivery related problems.

2. Application Kit. An application kitand applicable forms may be obtainedfrom any ONAP listed in Appendix 1.

3. Submittal of Complete Application.Completed applications must besubmitted to the ONAP, within whosejurisdiction the IHA applicant islocated, at the address/location listed inAppendix 1.

4. Action on Application. When theapplication is received by HUD, awritten notification will be provided tothe IHA showing the date and time theapplication was received in the ONAP.The ONAP will review each applicationfor completeness and legal sufficiency.Applications that contain insufficientinformation to allow the ONAP to rateand rank the application will beconsidered non-responsive and will bereturned to the IHA. After completion ofthis review, the ONAP will rate andrank all remaining applications receivedfrom eligible applicants. The rankingwill result in an ordered listing ofapplicants (see E.2. below). Aftercompletion of the rating and ranking,the ONAP may request, in writing, itemsmissing from responsive applicationsfrom applicants who appear to bewithin 110 percent of the funding range.IHAs notified to provide informationmissing from the application have 14days from the date of such notificationto submit such information to the ONAPbefore the application is considerednon-responsive and is removed fromfunding consideration.

E. Rating Factors and SelectionCriteria. 1. Rating and Ranking. Rating


and ranking of applications from IHAsfor new Indian Housing units will bedone in accordance with 24 CFR950.225. Applications from new IHAs,or, in the case of an umbrella IHA thathas added a new tribe, the applicationfrom the new tribe, will receive 100points. If an IHA that serves more thanone tribal government, or, in the case ofAlaska, more than one village, submitsapplications for housing units in severalof the communities, each applicationwill be treated separately, for purposesof the number of points awarded. Newlycreated IHAs for tribes which havepreviously received housing units underan umbrella IHA shall not be awarded100 points but scored as an establishedIHA utilizing the best available datarelevant to the tribe’s housing program.For each ONAP jurisdiction, therankings will be based on awardingpoints to each application for thefollowing categories in accordance withthe table of maximum points availableper category by ONAP jurisdictionalarea (see h. below):

a. The relative unmet IHA need forhousing units compared to the othereligible applications for that programtype [i.e., low rent (LR) or mutual help(MH)], based on IHA waiting lists andthe total number of units inmanagement and in the developmentpipeline. There should be a separatewaiting list for each program type. Thisneed will be measured for each programtype by dividing the number of familieson the waiting list, by the IHA’s totalnumber of units in management andunder development. If the result of thisdivision is greater than 1.00, themaximum points for this category shallbe awarded. Otherwise, the result of thisdivision shall be multiplied by themaximum possible points available. Ifthe IHA has 500 or more families on thewaiting list, it is awarded the maximumpoints available for the category. Ifquestions arise regarding the veracity ofinformation on a waiting list, an ONAPmay request an applicant to submitdocumentation supporting waiting listnumbers, or may visit the IHA andreview documentation maintained bythe IHA.

b. The relative IHA occupancy ratecompared to the occupancy rates ofother eligible IHA applications for that

program type. The occupancy rate for anIHA shall be derived from the mostrecent data entered in the HUDManagement Information RetrievalSystem (MIRS) national data base,which reports total units available andtotal units occupied based oninformation supplied by IHAs on formssubmitted periodically to HUD. For allIHA projects in management, the totalnumber of units occupied is divided bythe total number of units available,multiplied by 100. This occupancy ratefor an IHA will then be divided by thehighest occupancy rate of any IHA(never to exceed 97%, in any event),and this ratio shall be multiplied by themaximum points available for thecategory to calculate an IHA’s points forthis category. An existing IHA that isapplying for a previously unfundedprogram type will be awarded a scoreequal to the highest rated score for thisfactor in the ONAP jurisdictioncompetition. A newly created IHA for atribe which previously received housingunits under an umbrella IHA shall beawarded a score based on the unitswithin such tribe’s jurisdiction whetheror not such units have been transferredto the newly created IHA.

c. Length of time since the last newIndian Housing Development grant wasapproved. Two points will be awardedfor each year since the last grant awardup to and including FY 1994, up to themaximum points available under thiscategory. A newly created IHA for atribe which previously received housingunits under an umbrella IHA shall beawarded a score based on the last newIndian Housing Development grantapproved within such tribe’sjurisdiction. Units received fordemolition or disposition purposes willnot be counted for rating and rankingpurposes for new Indian Housing unitsin FY 1996.

d. Current IHA development andphysical improvements activity. Thisfactor evaluates the IHA’s performanceduring the past 24 months in developingnew housing or maintaining/improvingcurrent housing. The ONAP willevaluate the IHA’s performance in theseareas and will award points based uponbut not limited to:

(1) Compliance with the requirementsspecified under 24 CFR 950.207(b);

(2) Compliance with CompGrant/modernization implementationschedules;

(3) Effectiveness of maintenancepolicies and procedures in protectingphysical assets of the IHA;

(4) Effectiveness of the IHA’sdevelopment and physicalimprovements contract administration.

The ONAP will prepare writtensupport for the number of pointsawarded which will be available to theIHA upon request. The ONAP shall takeinto consideration any unforeseenevents such as natural disasters or otherfactors that may have precluded the IHAfrom meeting the criteria for this factor.The maximum points available for thiscategory are listed in the table under h.below. A newly created IHA for a tribewhich previously received housingunits under an umbrella IHA shall beawarded a score based on the IHA’s planfor developing and maintaining theunits.

e. IHAs impacted by the FY 1995rescission. Each application submittedunder the provisions of I.C.3. of this partshall be awarded 35 points.

f. A bonus of up to 5 points will beawarded to any application where theapplicant clearly demonstrates:

(1) Pre-planning of site selection andcoordination with other fundingagencies, utility companies, and tribaldepartments, or

(2) That the applicant has identifiedand selected sites for the developmentwhich result in savings of not less than5 percent of the proposed developmentcost from using existing utility systems,pre-developed subdivision sites, orother items documented by theapplicant.

(3) Innovative approaches todevelopment or financing which willsignificantly reduce the delivery time ofhousing or expand the number ofhouses developed without reducingquality.

g. Computation. Scores for rankingshall be carried out to two decimalplaces (xx.xx).

h. Points available for each ratingcategory. The following table reflects themaximum points available for eachcategory for each of the ONAPjurisdictional areas:


Points awarded for rating factors

(a) Need (b) Occupancy (c) Time (d) Workoad

Eastern/Woodlands .................................................................. 30 30 20 20Southern Plains ........................................................................ 35 10 25 30Northern Plains ......................................................................... 30 20 20 30Southwest ................................................................................. 40 20 20 20Northwest .................................................................................. 10 10 20 60Alaska ....................................................................................... 40 20 20 20

2. Selection Criteria. a. The rankingprocess will produce an ordered list ofIHA applications by ONAP jurisdictionthat may receive funding. The order isestablished by the total number ofpoints the application received in therating process. If any funds remain afterthe initial funding cycle within theONAP jurisdiction, the funds will be

provided to more fully fundapplications that were reduced due tothe Maximum Units Award table shownin paragraph b below.

b. The number of units awarded shallbe based upon the following table toensure a more equitable distribution andmeaningful competition based on need.Exceptions to the maximum number ofunits awarded based on the table shall

be made and approved by the ONAPAdministrator upon proper justification.Examples of justifications for varyingfrom the table include equalization ofunits awarded to IHAs with similarscores or adjustments to assure theaward of reasonably sized projects to allIHAs above a minimum scoredetermined by the ONAP.

Waiting list by program type Eastern/Woodlands

SouthernPlains

NorthernPlains Southwest Northwest Alaska

1,000 and above ............................................................... 200 300 20 240 35 300750 to 999 ......................................................................... 150 200 20 160 30 200500 to 749 ......................................................................... 100 150 20 120 25 150400 to 499 ......................................................................... 60 100 20 80 20 100300 to 399 ......................................................................... 50 80 20 60 15 80200 to 299 ......................................................................... 40 60 20 40 10 60199 and fewer ................................................................... 25 40 20 25 5 20

c. Tie breaker. In the case of ties,priority will be given to the applicationthat has the highest scoring under theCurrent IHA development and physicalimprovements activity rating criterion(I.E.1.d.).

3. Replacement Housing. IHAapplications for demolition ordisposition may require a commitmentfor replacement housing units on a onefor one replacement to comply withrequirements of Section 18 of the U.S.Housing Act, as amended. IHAs are toprocess requests for demolition ordisposition in accordance with 24 CFRpart 905, subpart M.

II. Other Matters

A. HUD Reform Act. 1. RequiredDisclosures by Applicants.

a. Disclosures. All applicants arerequired to disclose information withrespect to any additional funds that canreasonably be expected to be receivedby them as assistance in excess of$200,000 (in the aggregate) during theFiscal Year that will be related to theproject. Disclosure must be maderelative to any related assistance fromthe Federal instrumentalities (other thanHUD), a state, or a unit of general localgovernment that is expected to be madeavailable with respect to the project forwhich the applicant is seekingassistance. The assistance shall include

but not be limited to any loan, grant,guarantee, insurance, payment, rebate,subsidy, credit, tax benefit, or any otherform of direct or indirect assistance.

b. Updates. The IHA applicant shallupdate this disclosure within 30 days ofany substantial change. This update isrequired during the period when anapplication is pending or assistance isbeing provided.

2. Prohibited Disclosures by HUDEmployees. HUD’s regulationimplementing section 103 of theDepartment of Housing and UrbanDevelopment Reform Act of 1989,codified as 24 CFR part 4, applies to thefunding competition announced today.The requirements of the rule continue toapply until the announcement of theselection of successful applicants. HUDemployees involved in the review ofapplications and in the making offunding decisions are limited by part 4from providing advance information toany person (other than an authorizedemployee of HUD) concerning fundingdecisions, or from otherwise giving anyapplicant an unfair competitiveadvantage. Persons who apply forassistance in this competition shouldconfine their inquiries to the subjectareas permitted under 24 CFR part 4.

Applicants or employees who haveethics related questions should contactthe HUD Office of Ethics (202) 708–

3815. (This is not a toll-free number.)For HUD employees who have specificprogram questions, such as whetherparticular subject matter can bediscussed with persons outside HUD,the employee should contact theappropriate Field Office Counsel, orHeadquarters counsel for the program towhich the question pertains.

B. Lobbying. Section 319 of theDepartment of the Interior and RelatedAgencies Appropriations Act hereafterreferred to as the ‘‘Byrd Amendment,’’prohibits grantees from using anyfederally appropriated funds toinfluence federal employees, membersof Congress, and congressional staffregarding specific grants or contracts.The Department has determined that therequirements of the Byrd Amendmentdo not apply to IHAs established by atribal government exercising itssovereign powers with respect toexpenditures specifically permitted byother Federal law. The ByrdAmendment requires all IHAsestablished under state law to submitthe following documents forapplications for grants exceeding$100,000.

1. Certification. A certification that nofederally appropriated funds will beused for lobbying purposes. Thecertification shall be submitted on theForm entitled ‘‘Certification for


Contracts, Grants, Loans andCooperative Agreements.’’

2. Disclosure Document. A documentdisclosing any lobbying activities (onStandard Form—LLL, ‘‘Disclosure ofLobbying Activities’’) where any fundsother than federally appropriated fundswill be or have been used to influencefederal employees, members ofCongress, and congressional staffregarding specific grants or contracts.

C. Conversions. During the first 24months after Program Reservation,project conversion between programtype (LR or MH) may only be consideredwhere:

1. An IHA submitted projects formutual help (MH) and low rent (LR),each scored high enough to be funded,and the IHA has the waiting list tosupport the conversion, or

2. If only one application wassubmitted and approved, theapplication upon re-ranking in the otherprogram has to score at least 0.01 higherthan the number of points achieved bythe highest rated application from anyIHA which was not funded. If neithercircumstance exists, the request toconvert will not be approved.

D. Errors in Ranking and Rating FiscalYear 1995. 1. Errors made by an ONAPduring the 1995 fiscal year rating andranking that resulted in a change of rankorder detrimental to an IHA may becorrected as follows:

a. The ONAP will construct ahypothetical distribution that wouldhave existed if the error had not beenmade, and

b. The ONAP will determine what theunit award/funding would have been forthe IHA subject to the funds that wereavailable at the time.

2. Remedial action will be taken forerrors made by an ONAP as follows:

a. The ONAP will deduct any fundsneeded from the FY 1996 fair shareassigned to that ONAP before any FY1996 rating and rankings are completed.

b. A correction of an error for an IHAwill not adversely affect the IHAparticipation in the FY 1996 rating andranking process. The IHA’s applicationwill be rated and ranked on the samebasis as other applications and as if noerror was made.

E. Environment. A Finding of NoSignificant Impact with respect to theenvironment has been made inaccordance with HUD regulations thatimplement section 102(2)(C) of the

National Environmental Policy Act of1969 (42 U.S.C. 4332). The Finding ofNo Significant Impact is available forpublic inspection during business hoursin the Office of the Rules Docket Clerk,Office of General Counsel, room 10276,Department of Housing and UrbanDevelopment, 451 Seventh Street, S.W.Washington, D.C. 20410. For individualdevelopment projects, the IHA mustcomply with the environmental reviewprocedures in 24 CFR part 58, includingthe limitation in section 58.22 oncommitting or expending funds beforeenvironmental clearance, in accordancewith 24 CFR 950.247.

F. Other Federal requirements. Inorder to be eligible for funding,activities must be in compliance withSection 504 of the Rehabilitation Act of1973 and implementing regulations at24 CFR 8 and the Americans withDisabilities Act of 1990 (ADA) andimplementing regulations for Title II ofthe ADA issued by the Department ofJustice at 28 CFR part 35.

Dated: March 22, 1996.Michael B. Janis,General Deputy Assistant Secretary for Publicand Indian Housing.

APPENDIX 1

Tribes & IHAs location ONAP addresses

East of the Mississippi River (including all of Minnesota) and Iowa: Mo-hammed Rahmah

Eastern/Woodlands Office of Native American Programs, 5P, MetcalfeFederal Building, 77 West Jackson Boulevard, Chicago, Illinois60604–3507, (312) 353–1282 or (800) 735–3239, TDD Numbers: 1–800–927–9275 or 312–886–3741.

Louisiana, Missouri, Kansas, Oklahoma, and Texas except for Isletadel Sur: Sherri Hunt.

Southern Plains Office of Native American Programs, 6.IPI 500 W.Main, Suite 400, Oklahoma City, Oklahoma 73102, (405) 553–7428,TDD Numbers: (405) 231–4181 or (405) 231–4891.

Colorado, Montana, Nebraska, North Dakota, South Dakota and Wyo-ming: Ann Roman.

Northern Plains Office of Native American Programs, 8P, First Inter-state Tower North, 633 17th Street, Denver, Co 80202–3607, (303)672–5462, TDD Number: (303) 672–5248.

Arizona, California, and Nevada: John Cata ............................................ Southwest Office of Native American Programs, 9EPID, Two ArizonaCenter, 400 North Fifth Street, Suite 1650, Phoenix, Arizona 85004–2361, (602) 379–4156, TDD Number: (602) 379–4461 or

New Mexico and Isleta del Sur in Texas: Sharon Booth ......................... Albuquerque Division of Native American Programs, 9EPIDI, Albuquer-que Plaza, 201 3rd Street, N.W. Suite 1830, Albuquerque, New Mex-ico 87102–3368, (505) 766–1372, TDD Number: None.

Idaho, Oregon and Washington: Dan Gough ........................................... Northwest Office of Native American Programs, 10PI, 909 First Ave-nue, Suite 300, Seattle, Washington 98104–1000, (206) 220–5270,TDD Number: (206) 220–5185.

Alaska: Donna Hartley .............................................................................. Alaska Office of Native American Programs, 10.1PI, 949 East 36th Av-enue, Suite 401, Anchorage, Alaska 99508–4399, (907) 271–4633,TDD Number: (907) 271–4328.

Appendix 2—New Indian HousingDevelopment Application SubmissionChecklist

Note: Certain submission requirementslisted on the following checklist are includedon the application form HUD–52730. It is theresponsibility of the IHA to assure that allsubmission requirements of the checklist are

met whether through the application form orby separate submittal:

1. Application Form HUD–52730:—Complete application on Form HUD–52730

(5/94).—Attach all exhibits and tables as required.

2. IHA Resolution(s): each applicationmust be accompanied by an IHA Resolutionwhich contains the following:

—A statement that authorizes the submissionof the application for units.

—A statement explaining how solid wastedisposal for the proposed developmentwill be addressed.

—A statement regarding the planned accessto public utility services and a listing ofany official commitment(s) for these utilityservices for the development.


—The IHA Resolution must advise HUD ofany persons with a pecuniary interest inthe proposed development. Persons with apecuniary interest in the developmentshall include but not be limited to anydevelopers, contractors, and consultantsinvolved in the application, planning,construction, or implementation of thedevelopment. (During the period when anapplication is pending or assistance isbeing provided, the applicant shall updatethe disclosure required within thirty daysof any substantial change.)3. Certifications: Each application must

contain the following certifications providedby the Executive Director on IHA letterhead,in addition to the certifications included onForm HUD–52730 (5/94):—Certification Regarding Drug-Free

Workplace Requirements as directed by 24CFR 24.630(b).

—Certification that the IHA has compliedwith all requirements of 24 CFR Part 135,which implements Section 3 of the HUDAct of 1968, as amended.4. Letters: Each IHA application must be

accompanied by a letter of support signed bythe CEO of the general local governmentindicating:—Support for the proposed application and

development.—Support for the IHA’s intent to apply for

planning funds for the development.—Where applicable, assurance to HUD that

access road needs will be identified byTribal Resolution (with BIA concurrence)and entered on the BIA Indian ReservationRoads prioritization schedule used by BIAfor resource allocation (25 CFR part 170: 57BIAM 4 and Supplement 4).

—Acknowledgement that there is a need forthe housing assistance applied for that isnot being met by private enterprise.

—Assurance that there are, or will beavailable, public facilities and servicesadequate to serve the proposed housing. (Ifavailable, Tribal support is evidenced byattached letters from various organizationsthat will provide utilities and services tothe proposed housing units.)5. Supporting Documentation: Each

application must be accompanied by thefollowing supporting documentation:—Disclosure of additional assistance from

other sources that will be used inassociation with the project for which theapplicant is seeking assistance.

—Statement specifying the number of eligibleapplicant families by program type (LR orMH). The statement must be supported bya sufficient number of current applicationsfrom eligible families maintained by theIHA.6. Items That Should be Submitted, If Not

Previously Submitted:—Certified Copy of the Transcript of

Proceedings containing the IHA Resolutionpursuant to which the Application is beingmade.

—IHA Organization Transcript or GeneralCertificate.

—Tribal Ordinance.7. Optional Items:

—Cooperation Agreements. Where theprovisions of the necessary localgovernment cooperation are not containedin the ordinance or other enactmentcreating the IHA, the IHA is required toexecute a cooperation agreement(s) for thelocation involved, which is sufficient tocover the number of units in theapplication. The cooperation agreementmay be submitted with the application butshall be submitted before HUD may enterinto an Annual Contributions Contract (or

amendment thereto) for funds in excess ofplanning needs of the project.8. Force Account. To enable the Field

Office of Native American Programs to makean initial determination of the viability of theproposal, there are additional submissionrequirements for the application, including:—IHA justification for HUD approval of the

force account method, pursuant to 24 CFR950.215(b).

—IHA or Tribal resolution agreeing to coverany costs in excess of the HUD-approvedestimated construction cost.

—Evidence that either the IHA or Tribe hasthe resources to cover such excess costs.

—An action plan as outlined in HUDHandbook 7450.01 REV–1, Chapter 14,paragraph 14–5. (The Handbook has beenrescinded; however, it continues to be usedas guidance.)9. Special submittal requirements for state

created IHAs for non-Federally recognizedtribes:—Certification, signed by the Chairman of

the IHA Board of Commissioners statingthat sites selected or to be selected arewithin the IHA’s area of operation.

—Supporting documentation includingmaps, state laws and local ordinances, andother relevant information whichdocuments the IHA’s area of operation, i.e.,defined geographic boundaries which havea significant concentration of Indianfamilies who are not eligible to be servedby a public housing authority or triballycreated IHA and have a bona fide historicpresence or connection with the land, asrecognized by the Federal Government ora state.

[FR Doc. 96–7647 Filed 3–28–96; 8:45 am]BILLING CODE 4210–62–P

fede

ral r

egiste

r

14225


Part V

Department ofHousing and UrbanDevelopmentOffice of the Secretary

24 CFR Part 7Equal Employment Opportunity, Policiesand Procedures; Final Rule



Office of the Secretary; EqualEmployment Opportunity; Policies andProcedures

24 CFR Part 7

[Docket No. FR 3323–F–01]

RIN 2529–AA61

AGENCY: Office of the Secretary, HUD.ACTION: Final rule.

SUMMARY: This final rule streamlinesHUD’s regulations in 24 CFR part 7pertaining to equal opportunity policiesand procedures, and updates theseregulations to reflect current practices.Additionally, this rule makes HUD’sequal employment complaint processingconsistent with the Equal EmploymentOpportunity Commission’s (EEOC)regulations at 29 CFR part 1614.EFFECTIVE DATE: April 29, 1996.FOR FURTHER INFORMATION CONTACT: MariR. Barr, Director for Equal EmploymentOpportunity, Office of DepartmentalEqual Employment Opportunity, Room4300 L’Enfant Plaza, (202) 708–3633,Housing and Urban Development, 451Seventh Street, SW., Washington, DC20410. (This telephone number is nottoll-free.) For hearing- or speech-impaired persons this number may beaccessed via TDD by contacting theFederal Information Relay Service at 1–800–877–8339.


Background

This final rule streamlines andupdates HUD’s regulations in 24 CFRpart 7 pertaining to equal opportunitypolicies and procedures. With theexception of two sections (§§ 7.2, 7.3)these regulations have not beenamended since 1971. The rule is revisedto reflect the new organization of HUD’sEqual Employment Opportunity (EEO)office. Additionally, this rule revises theregulations to parallel EEOC’sregulations at 29 CFR part 1614, relatingto Federal sector equal employment. Itwill enable quicker, more efficientprocessing of complaints and promotesimpartial, fair and early resolution ofcomplaints.

The revisions are as follows:

Section 7.1 Policy

This section has been revised by theadding of age and disability asadditional bases of discrimination.

Section 7.2 Definition

The definition of a person with adisability, which means the same as

handicap under EEOC’s regulations at29 CFR part 1614, has been added.

Section 7.3 Designation

This section replaces the AssistantSecretary for Fair Housing and EqualOpportunity as the Director of EqualEmployment Opportunity. The Directorof the Office of Departmental EqualEmployment Opportunity is designatedthe Director of Equal EmploymentOpportunity (EEO).

The Deputy Director of the Office ofDepartmental Equal EmploymentOpportunity is designated as the DeputyDirector of Equal EmploymentOpportunity.

This section also states that EqualEmployment Opportunity officers shallbe designated by the Director of EEO fortheir respective organizational units.

Section 7.4 Affirmative EmploymentPrograms

The final rule adds a new sectionwhich states that the Office of theSecretary, the Assistant to the DeputySecretary for Field Management, eachAssistant Secretary, the GeneralCounsel, the Inspector General, thePresident of Government NationalMortgage Association, the ChiefFinancial Officer, the Director of Lead-Based Paint Abatement and PoisoningPrevention, and the Director, Office ofFederal Housing Enterprise Oversightshall establish, maintain and carry outa plan of affirmative employment topromote equal employment opportunityin every aspect of employment policyand practice. Each plan shall identifyinstances of under-representation ofminorities, women and persons withdisabilities, recognize situations orbarriers that impede equality ofopportunity, and include objectives andaction items targeted to eliminate anyemployment, training, advancement,and retention issues which adverselyaffect minorities, women and personswith disabilities.

Section 7.10 Responsibilities of theDirector and Deputy Director of EEO

The function of selecting equalemployment counselors has been addedto the functions of the Director andDeputy Director of EEO.

Equal employment counselorspreviously were designated by EEOofficers. The Director or the DeputyDirector of EEO only concurred on thedesignations.

Section 7.11 Responsibilities of EEOOfficers.

Each EEO officer has the additionalresponsibilities of

(1) advising the Director of EEO on allmatters pertaining to theimplementation of the Department’sEqual Employment and AffirmativeEmployment policies and programs inthe respective organizational units;

(2) Publicize to all employees of theorganizational unit the name andaddress of the Director of EEO, the EEOOfficer, and the EEO Counselor(s), theEEO Discrimination ComplaintManager, the Affirmative EmploymentProgram (AEP) Manager, the DiversityProgram Manager, and the EEOcomplaint procedures;

(3) Evaluate the performance by themanagers and supervisors in theorganization unit in carrying out theirresponsibilities;

(4) Seek a resolution of EEO mattersalleging discrimination within theirorganization brought to their attention;

(5) Designate a high level AffirmativeEmployment Program (AEP) Manager inHeadquarters responsible for thepreparation of the AEP plan; themanagement of the plan; providingadvice and guidance to managers andsupervisors in removing barriers toEqual Employment Opportunity/Affirmative Employment (EEO/AE) andin implementing all their EEO/AEresponsibilities.

(6) Designate a senior level EEODiscrimination Complaint Manager inHeadquarters to manage and direct theorganization’s EEO responsibilities;

(7) Designate a senior level DiversityProgram Manager in Headquarters tomanage and direct the organization’sDiversity Program and provideresources for Diversity activities for itsemployees.

Section 7.12 Responsibilities of EEOCounselors

Age and disability discriminationhave been added as additional reasonsfor counseling by EEO counselors.

Section 7.13 Responsibilities of theAssistant Secretary for Administration

This section was revised by addingthree new responsibilities. They are asfollows:

(1) Prepare and implement plans forrecruitment and reports in accordancewith the Federal Equal OpportunityRecruitment Program and the DisabledVeterans Affirmative Action Program;

(2) Make reasonable accommodationto the known physical or mentallimitations of qualified applicants andemployees with disabilities unless theaccommodation would impose anundue hardship on the operation of theagency’s program; and

(3) Designate a senior level DisabilityProgram Manager to promote EEO/AE


for persons with disabilities; to assurethe accessibility of all HUD facilitiesand programs; and to manage theresources for providing reasonableaccommodation.

Section 7.14 Responsibilities of HumanResources Officers

The title of Director of Personnel hasbeen replaced with the new title calledHuman Resources Officer. Certainresponsibilities have been given HumanResources Officers in addition to thoseof the former Directors of Personnel.They are as follows:

(1) In coordination with the Directorof the Training Academy, develop anon-going training program for variouslevels of administration andsupervision, to insure understanding ofthe Departmental EEO/AE programs,policy and requirements which fosterseffective teamwork and high morale,and provide communication withemployees on any matter related toequal employment opportunity;

(2) Decide all personnel actions onmerit principles in a manner which willdemonstrative affirmative equalemployment opportunity for theorganization;

(3) Ensure the greatest possibleutilization and development of the skillsand potential ability of all employees;

(4) Track applicant flow and promptlytake or recommend appropriate actionto overcome any impediment to theachievement of the objectives of theEEO/AE programs; and

(5) Provide recognition to employees,supervisors, managers and unitsdemonstrating superior accomplishmentin equal employment opportunity.

Section 7.15 Responsibilities of theAssistant Regional Administrators forEqual Opportunity

This title has been removed from thetable of contents.

Section 7.16 Responsibilities ofSupervisors.

This title has been removed from thetable of contents.

Section 7.17 Responsibilities ofManagers and Supervisors

This new section states thatresponsibilities of managers andsupervisors include the following:

(1) Removing barriers to EEO andensuring that Affirmative Employmentobjectives are accomplished in theirareas of responsibility;

(2) Evaluating subordinate managersand supervisors on their performance ofEEO/AE responsibilities;

(3) Encouraging and taking positivesteps to ensure respect for and

acceptance of minorities, women andpersons with disabilities, veterans andother diverse characteristics in the workforce;

(4) Providing for the non-discriminatory treatment of allemployees and for providing full andfair opportunity for all employees inobtaining employment and careeradvancement, including support forF.A.I.R., the Upward Mobility Program,the Mentoring Program and theIndividual Development Plan;

(5) Encouraging and authorizing staffparticipation in the various DiversityProgram observances;

(6) Being proactive in addressingEEO/AE issues, and for workenvironments that encourage andsupport complaint avoidance throughsound management and personnelpractices;

(7) Resolving complaints ofdiscrimination early in the EEO processeither independently, or through the useof alternate dispute resolutiontechniques, when it is the right thing todo and when it represents a soundbusiness decision; and

(8) Making reasonableaccommodation to the religious anddisability needs of applicants andemployees when those accommodationscan be made without undue hardship onthe business of the agency.

Section 7.25 Precomplaint Processing

EEOC’s regulations, 24 CFR part1614.105, shall apply concerningprecomplaint processing.

Sections 7.30, 7.31, 7.32, 7.33 and7.34—These sections have been revisedto provide more efficient measures ofhandling EEO complaints.

The following titles have beenremoved from the table of contents:§ 7.35—Adjustment of complaints.§ 7.36—Hearing.§ 7.38—Avoidance of delay.§ 7.40—Complaint file.

The following sections have beenremoved:§ 7.45—Entitlement.§ 7.46—Where to appeal.§ 7.47—Time limit.§ 7.48—Appellate procedures.§ 7.49—Appellate review by the

Commissioners.

Other Matters

Environmental Impact. The subjectmatter of this final rule is categoricallyexcluded from HUD’s environmentalclearance procedures under 24 CFR50.20(k). It relates to internaladministrative procedures whosecontent does not constitute adevelopment decision or affect the

physical condition of project areas orbuilding sites.

Impact on Small Entities. TheSecretary, in accordance with theRegulatory Flexibility Act (5 U.S.C.605(b)) has reviewed and approved thisrule, and in so doing certifies that thisrule will not have a significanteconomic impact on a substantialnumber of small entities. This rule onlystreamlines and simplifies 24 CFR part7.

Federalism. The General Counsel, asthe Designated Official under section6(a) of Executive Order 12612,Federalism, has determined that thepolicies contained in this rule will nothave substantial direct effects on statesor their political subdivisions, or therelationship between the federalgovernment and the states, or on thedistribution of power andresponsibilities among the variouslevels of government. The rule’scoverage is limited to federalemployees.

Family. The General Counsel, as theDesignated Official under ExecutiveOrder 12606, The Family, hasdetermined that this rule does not havepotential for significant impact onfamily formation, maintenance, andgeneral well-being, and, thus, is notsubject to review under the order. Thisfinal rule will make HUD’s processing ofemployment discrimination complaintsmore efficient.

Justification for Final Rulemaking.The Department has determined that itis unnecessary to subject this rule topublic comment. Since this rule islimited to removing obsolete provisionsand updating provisions in part 7 toreflect current practices, prior publiccomment was determined to beunnecessary. Section 10.1 of 24 CFRpart 10 states that notice and publicprocedure can be omitted if theDepartment determines in a particularcase or class of cases that notice andpublic procedure are impracticable,unnecessary, or contrary to the publicinterest.


Administrative practice andprocedure, Equal employmentopportunity, Organization and functions(Government agencies).

Accordingly, 24 CFR part 7 is revisedas follows:


PART 7—EQUAL EMPLOYMENTOPPORTUNITY; POLICY ANDPROCEDURES

Subpart A—Equal Employment OpportunityWithout Regard to Race, Color, Religion,Sex, National Origin, Age, or Disability

General ProvisionsSec.7.1 Policy.7.2 Definitions.7.3 Designations.7.4 Affirmative employment programs.

Responsibilities7.10 Responsibilities of the Director and

Deputy Director of EEO.7.11 Responsibilities of the EEO Officers.7.12 Responsibilities of the EEO

Counselors.7.13 Responsibilities of the Assistant

Secretary for Administration.7.14 Responsibilities of Human Resources

Officers.7.15 Responsibilities of managers and

supervisors.7.16 Responsibilities of employees.Precomplaint Processing7.25 Precomplaint processing.

Complaints7.30 Presentation of complaint.7.31 Who may file a complaint, with whom

filed, and time limits.7.32 Contents.7.33 Acceptability.7.34 Processing.7.35 Hearing.7.36 Decision by Director of EEO.7.37 Rights of appeals.7.38 Relationship to other HUD appellate

procedures.

Subpart B—[Reserved]

Authority: 42 U.S.C. 3535(d); E.O. 11478,3 CFR, 1969 Comp. p. 306; 42 U.S.C. 2000enote.

Subpart A—Equal EmploymentOpportunity Without Regard to Race,Color, Religion, Sex, National Origin,Age, or Disability

General Provisions

§ 7.1 Policy.In conformity with the policy

expressed in Executive Order 11478 (34FR 12985, 3 CFR, 1966–1970 Comp., p.803) and with implementing regulationsof the Equal Employment OpportunityCommission, codified under 29 CFRpart 1614, it is the policy and the intentof the Department of Housing and UrbanDevelopment to provide equality ofopportunity in employment in theDepartment for all persons; to prohibitdiscrimination because of race, color,religion, sex, national origin, age ordisability in all aspects of its personnelpolicies, program, practices, andoperations and in all its working

conditions and relationships withemployees and applicants foremployment; and to promote the fullrealization of equal opportunity inemployment through continuingprograms of affirmative employment atevery management level within theDepartment.

§ 7.2 Definitions.For purposes of this subpart A—AE means Affirmative Employment.EEO means Equal Employment

Opportunity.Organizational unit means the

jurisdictional area of the Office of theSecretary, the Assistant to the DeputySecretary for Field Management, eachAssistant Secretary, the GeneralCounsel, the Inspector General, thePresident of the Government NationalMortgage Association, the ChiefFinancial Officer, the Director of Lead-Based Paint Abatement and PoisoningPrevention, and the Office of FederalHousing Enterprise Oversight.

Person with a disability means thesame as handicap under EEOC’sregulations at 29 CFR part 1614.

§ 7.3 Designations.(a) Director of Equal Employment

Opportunity. The Director of the Officeof Departmental Equal EmploymentOpportunity is designated the Directorof EEO, except that with respect tocomplaints naming the Director and/orDeputy Director of Departmental EEO asthe alleged discriminating official(s) andcomplaints arising in the Office ofDepartmental EEO, the Chief of Staffshall be Director of EEO.

(b) Deputy Director of EqualEmployment Opportunity. The DeputyDirector of the Office of DepartmentalEqual Employment Opportunity isdesignated as the Deputy Director ofEqual Employment Opportunity andacts for the Director of EEO.

(c) Equal Employment OpportunityOfficers. The Director of EqualEmployment Opportunity shalldesignate appropriate HUD officials tobe Equal Employment OpportunityOfficers for their respectiveorganizational units.

§ 7.4 Affirmative employment programs.The Office of the Secretary, the

Assistant to the Deputy Secretary forField Management, each AssistantSecretary, the General Counsel, theInspector General, the President of theGovernment National MortgageAssociation, the Chief Financial Officer,the Director of Lead-Based PaintAbatement and Poisoning Prevention,and the Director, Office of FederalHousing Enterprise Oversight shall

establish, maintain and carry out a planof affirmative employment to promoteequal opportunity in every aspect ofemployment policy and practice. Eachplan shall identify instances of under-representation of minorities, womenand persons with disabilities, recognizesituations or barriers that impedeequality of opportunity, and includeobjectives and action items targeted toeliminate any employment, training,advancement, and retention issueswhich adversely affect minorities,women and persons with disabilities.Each plan must be consistent with 29CFR part 1614 and the governingManagement Directive issued by theEqual Employment OpportunityCommission, and is subject to approvalby the Director of Equal EmploymentOpportunity and shall be developedwithin the framework ofDepartmentwide guidelines publishedby the Director of EEO.

Responsibilities

§ 7.10 Responsibilities of the Director andDeputy Director of EEO.

The Director and Deputy Director ofEEO are assigned the functions of:

(a) Advising the Secretary withrespect to the preparation of plans,procedures, regulations, reports, andother matters pertaining to theGovernment’s equal employmentopportunity policy and theDepartment’s EEO/AE programs;

(b) In coordination with otherofficials, developing and maintainingplans, procedures, and regulationsnecessary to carry out the Department’sEEO programs, including aDepartmentwide program of affirmativeemployment developed in coordinationwith other officials; approving programsof affirmative employment establishedthroughout the Department;

(c) Evaluating from time to time thesufficiency of the Department’s EEO/AEprograms and reporting thereon to theSecretary with recommendations as toany improvement or correction needed,including remedial or disciplinaryaction with respect to managerial orsupervisory employees who have failedin their responsibility;

(d) Appraising the Department’spersonnel operations at regular intervalsto insure their conformity with thepolicy of the Government and theDepartment’s equal employmentopportunity program;

(e) Making changes in programs andprocedures designed to eliminatediscriminatory practices and improvethe Department’s EEO/AE programs;

(f) Selecting EEO Counselors;(g) Providing for counseling by an

EEO Counselor of an aggrieved


employee or applicant for employmentwho believes that he or she has beendiscriminated against because of race,color, religion, sex, national origin, ageor disability and for attempting toresolve on an informal basis or througha formal alternative dispute resolutionprocess, the matter raised by theemployee or applicant before acomplaint of discrimination may befiled under § 7.31;

(h) Providing for the prompt, fair andimpartial processing of individualcomplaints involving issues ofdiscrimination within the Departmentsubject to 29 CFR part 1614;

(i) Making the final decision ondiscrimination complaints and orderingsuch corrective measures as may benecessary, including disciplinary actionas is warranted by the circumstanceswhen an employee has been found tohave engaged in a discriminatorypractice; and

(j) Executing settlement agreements toresolve EEO complaints.

§ 7.11 Responsibilities of the EEOOfficers.

Each EEO Officer shall:(a) Advise the Director of EEO on all

matters affecting the implementation ofthe Department’s EEO/AE policies andprograms in the organizational unit;

(b) Develop and maintain a programof affirmative employment for theorganizational unit and insure that it iscarried out in an exemplary manner;

(c) Publicize to all employees of theorganizational unit the name andaddress of the Director of EEO, the EEOOfficer, and the EEO Counselor(s), theEEO Discrimination ComplaintManager, the Affirmative EmploymentProgram (AEP) Manager, the DiversityProgram Manager, and the EEOcomplaint procedures;

(d) Inform all supervisors in theorganizational unit of theresponsibilities and objectives of theEEO Counselors and the EEO complaintprocess and the importance ofcooperating with the Counselors toinformally find solutions to problemsbrought to the officer’s attention byemployees and applicants;

(e) Evaluate the performance by themanagers and supervisors in theorganizational unit in carrying out theirresponsibilities under this subpart andtaking appropriate action;

(f) Seek a resolution of EEO mattersalleging discrimination within theirorganization brought to their attention;

(g) Designate a high level AffirmativeEmployment Program (AEP) Manager inHeadquarters responsible for thepreparation of the AEP plan; themanagement of the plan; providing

advice and guidance to managers andsupervisors in removing barriers toEEO/AE and in implementing all theirEEO/AE responsibilities; and reviewingall recruitment and personnel actionstaken by managers and supervisors toensure the achievement of AEPobjectives;

(h) Designate a senior level EEODiscrimination Complaint Manager inHeadquarters to manage and direct theorganization’s EEO responsibilities; and

(i) Designate a senior level DiversityProgram Manager in Headquarters tomanage and direct the organization’sDiversity Program and provideresources for Diversity activities for itsemployees.

§ 7.12 Responsibilities of the EEOCounselors.

The EEO Counselors are responsiblefor counseling and attemptingresolution of matters brought to thecounselor’s attention pursuant to § 7.26and 29 CFR part 1614 by any employeeor applicant for employment whobelieves that he or she has beendiscriminated against because of race,color, religion, sex, national origin, age,or disability.

§ 7.13 Responsibilities of the AssistantSecretary for Administration.

The Assistant Secretary forAdministration shall:

(a) Provide leadership in developingand maintaining personnel managementpolicies, programs, automated systemsand procedures which will promotecontinuing affirmative employment toinsure equal opportunity in therecruitment, selection, placement,training, awards, recognition andpromotion of employees, including anapplicant flow tracking system;

(b) Provide positive assistance andguidance to organizational units andpersonnel offices to insure the effectiveimplementation of the personnelmanagement policies, programs,automated systems, and procedures onequal employment opportunity;

(c) Participate at the national levelwith other Government departmentsand agencies, other employers, andother public and private groups, incooperative action to improveemployment opportunities andcommunity conditions which effectemployability;

(d) Prepare and implement plans forrecruitment and reports in accordancewith the Federal Equal OpportunityRecruitment Program and the DisabledVeterans Affirmative Action Program;

(e) Make reasonable accommodationto the known physical or mentallimitations of qualified applicants and

employees with disabilities unless theaccommodation would impose anundue hardship on the operation of theagency’s program; and

(f) Designate a senior level DisabilityProgram Manager to promote EEO/AEfor persons with disabilities; to assurethe accessibility of all HUD facilitiesand programs; and to manage theresources for providing reasonableaccommodation.

§ 7.14 Responsibilities of HumanResources Officers.

In conformity with guidelines issuedby the Assistant Secretary forAdministration, Human ResourcesOfficers shall:

(a) Appraise job structure andemployment practices to insure genuineequality of opportunity for allemployees to participate fully on thebasis of merit in all occupations andlevels of responsibility;

(b) Communicate the Department’sequal employment opportunity policyand program and its employment needsto all sources of job candidates withoutregard to race, color, religion, sex,national origin, disability or age andsolicit their recruitment assistance on acontinuing basis;

(c) As appropriate, provide personnelinformation to EEO counselors andothers who are involved in the decisionon a discrimination complaint;

(d) Evaluate hiring methods andpractices to insure impartialconsideration for all job applicants;

(e) Ensure that new employeeorientation programs containappropriate references to theDepartment’s EEO/AE policies andprograms;

(f) Participate in the preparation anddistribution of such educationalmaterials as may be necessary to informadequately all employees of their rightsand responsibilities as described in thispart, including the Department’sdirectives issued to carry out the EqualEmployment Opportunity Program;

(g) In coordination with the Directorof the Training Academy, develop anon-going training program for variouslevels of administration andsupervision, to ensure understanding ofthe Departmental EEO/AE programs,policy and requirements which fosterseffective teamwork and high morale,and provide communication withemployees on any matter related toequal employment opportunity;

(h) Decide all personnel actions onmerit principles in a manner which willdemonstrative affirmative equalemployment opportunity for theorganization;


(i) Ensure the greatest possibleutilization and development of the skillsand potential ability of all employees;

(j) Track applicant flow and promptlytake or recommend appropriate actionto overcome any impediment to theachievement of the objectives of theEEO/AE programs; and

(k) Provide recognition to employees,supervisors, managers and unitsdemonstrating superior accomplishmentin equal employment opportunity.

§ 7.15 Responsibilities of managers andsupervisors.

All managers and supervisors of theDepartment are responsible for:

(a) Removing barriers to EEO andensuring that Affirmative Employmentobjectives are accomplished in theirareas of responsibility;

(b) Evaluating subordinate managersand supervisors on their performance ofEEO/AE responsibilities;

(c) Encouraging and taking positivesteps to ensure respect for andacceptance of minorities, women andpersons with disabilities, veterans andothers of diverse characteristics in thework force;

(d) Providing for the non-discriminatory treatment of allemployees and for providing full andfair opportunity for all employees inobtaining employment and careeradvancement, including support forF.A.I.R., the Upward Mobility Program,the Mentoring Program and theIndividual Development Plan;

(e) Encouraging and authorizing staffparticipation in the various DiversityProgram observances;

(f) Being proactive in addressing EEO/AE issues, and for work environmentsthat encourage and support complaintavoidance through sound managementand personnel practices;

(g) Resolving complaints ofdiscrimination early in the EEO processeither independently, or through the useof alternate dispute resolutiontechniques, when it is the right thing todo and when it represents a soundbusiness decision; and

(h) Making reasonableaccommodation to the religious anddisability needs of applicants andemployees when those accommodationscan be made without undue hardship onthe business of the agency.

§ 7.16 Responsibilities of employees.All employees of the Department are

responsible for:(a) Being informed as to the

Department’s EEO/AE programs;(b) Adopting an attitude of full

acceptance of minority, female anddisabled group associates, and supportof F.A.I.R.;

(c) Providing equality of treatment of,and service to, all citizens with whomthey come in contact in carrying outtheir job responsibilities; and

(d) Providing assistance to supervisorsand managers in carrying out theirresponsibilities in the EEO/AEprograms.

Precomplaint Processing

§ 7.25 Precomplaint processing.The regulations in 29 CFR 1614.105,

concerning precomplaint processingshall apply.

Complaints

§ 7.30 Presentation of complaint.At any stage in the presentation of a

complaint, including the counselingstage, the Complainant shall be freefrom restraint, interference, coercion,discrimination, or reprisal and shallhave the right to be accompanied,represented, and advised by arepresentative of the Complainant’s ownchoosing, except as limited by 29 CFR1614.605. If the Complainant is anemployee of the Department, theemployee shall have a reasonableamount of official time to present thecomplaint if the employee is otherwisein an active duty status. If theComplainant is an employee of theDepartment and designates anotheremployee of the Department asComplainant’s representative, therepresentative shall be free fromrestraint, interference, coercion,discrimination, or reprisal, and shallhave a reasonable amount of officialtime, if the representative is otherwisein an active duty status, to present thecomplaint.

§ 7.31 Who may file a complaint, withwhom filed, and time limits.

Any aggrieved person (hereafterreferred to as the Complainant) who hasobserved the provisions of § 7.25 mayfile a complaint if the matter ofdiscrimination was not resolved to thecomplainant’s satisfaction. Thecomplaint must be filed with theDirector of EEO within fifteen (15) daysof receipt of the Notice of Right to Filea Complaint issued by the EEOCounselor. The Department may accepta complaint only if the Complainant hasmet the appropriate requirementscontained in 29 CFR 1614.605.

§ 7.32 Contents.(a) The complaint filed should

include the following information:(1) The specific action or personnel

matter which is alleged to bediscriminatory;

(2) The date the act or matteroccurred;

(3) The protected basis or bases onwhich the alleged discriminationoccurred;

(4) Facts and other pertinentinformation to support the allegation ofdiscrimination; and

(5) The relief desired.(b) To expedite the processing of

complaints of discrimination, theComplainant should use HUD EEO–1form to file the complaint.

§ 7.33 Acceptability.The Director of EEO shall determine

whether the complaint comes within thepurview of the EEO regulations at 29CFR part 1614 and shall advise theComplainant and Complainant’srepresentative in writing of theacceptance or dismissal of theallegation(s) of the complaint. Shouldthe Director of EEO dismiss thecomplaint or any allegations containedin the complaint, the written decision tothe Complainant shall informComplainant of the complainant’s rightto appeal the decision and of the timelimit applicable to the right of appeal,if Complainant believes the dismissalimproper.

§ 7.34 Processing.(a) The Director of EEO will process

complaints filed under 29 CFR part1614 for the Department. The Directoror the Director’s designee hasjurisdiction of any case.

(b) The Director of EEO shall providefor the development of a complete andimpartial record on which to decide themerits of the allegations accepted forinvestigation.

(1) The person assigned to developthe factual record for the complaintshall occupy a position in theDepartment which is not, directly orindirectly, under the jurisdiction of thehead of the part of the Department inwhich the complaint arose, or theperson shall develop the record under acontract with the Department.

(2) The Department will develop acomplete and impartial factual record,subject to the requirements of 29 CFRpart 1614, upon which to make findingson the matters raised in the complaintand accepted for processing.

(3) The Director of EEO will providethe Complainant and the EEO Officer acopy of the record developed.

§ 7.35 Hearing.(a) The Director of EEO will notify the

Complainant of the Complainant’s rightto request an administrative hearingbefore the Equal EmploymentOpportunity Commission or a FinalAgency Decision from the Departmentand the timeframes for executing the


right to request an administrativehearing.

(b) The Director of EEO will notify theappropriate EEOC office ofComplainant’s timely request for ahearing and request the appointment ofan administrative judge to conduct thehearing pursuant to 29 CFR 1614.109.

§ 7.36 Decision by Director of EEO.

Following consultation with theGeneral Counsel and the AssistantSecretary for Administration, theDirector of EEO shall make the finalagency decision for the Departmentbased on the record developed throughthe processing of the complaint. Thedecision shall require the remedial andcorrective action necessary to ensurethat the Department is in compliancewith the EEO statutes and to promote

the Department’s policy of equalemployment opportunity.

§ 7.37 Rights of appeal.The provisions of 29 CFR part 1614,

subpart D, shall govern rights of appeal.

§ 7.38 Relationship to other HUD appellateprocedures.

(a) An aggrieved individual coveredby a collective bargaining agreementthat permits allegations ofdiscrimination to be raised in anegotiated grievance procedure can filea complaint under these procedures ora negotiated grievance, but not both. Anelection to proceed under this part isindicated only by filing of a writtencomplaint. An election to proceed undera negotiated grievance procedure isindicated by the filing of a timelygrievance.

(b) An aggrieved individual allegingdiscrimination on the basis of race,color, religion, sex, national origin, ageor disability related to or stemming froman action that can be appealed to theMerit Systems Protection Board (MSPB)can file a complaint under theseprocedures, or an appeal with theMSPB, but not both. Whichever is filedfirst, the complaint or the appeal, isconsidered an election to proceed inthat forum.

Subpart B—[Reserved]

Dated: March 20, 1996.Henry G. Cisneros,Secretary.[FR Doc. 96–7331 Filed 3–28–96; 8:45 am]BILLING CODE 4210–32–P

i

Reader Aids Federal Register

Vol. 61, No. 62


CUSTOMER SERVICE AND INFORMATION

Federal Register/Code of Federal RegulationsGeneral Information, indexes and other finding

aids202–523–5227

Public inspection announcement line 523–5215

LawsPublic Laws Update Services (numbers, dates, etc.) 523–6641For additional information 523–5227

Presidential DocumentsExecutive orders and proclamations 523–5227The United States Government Manual 523–5227

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, MARCH

7979–8204............................. 18205–8466............................. 48467–8850............................. 58851–9088............................. 69089–9320............................. 79321–9588............................. 89589–9898.............................119899–10268...........................1210269–10446.........................1310447–10670.........................1410671–10878.........................1510879–11124.........................1811125–11288.........................1911289–11496.........................2011497–11708.........................2111709–12014.........................2212015–13042.........................2513043–13382.........................2613383–13644.........................2713645–14012.........................2814013–14232.........................29

CFR PARTS AFFECTED DURING MARCH

At the end of each month, the Office of the Federal Registerpublishes separately a List of CFR Sections Affected (LSA), whichlists parts and sections affected by documents published sincethe revision date of each title.

3 CFRProclamations:6867...................................88436868...................................88476869...................................88496870...................................98996871.................................104456873.................................13383Executive Orders:11776 (Superseded by

EO 12994)....................1304712131 (Amended by

EO 12991)......................958712805 (See EO

12993) ..........................1304312873 (Amended by

EO 12995)....................1364512957 (Continued by

Notice of March 8,1996) ..............................9897

12959 (See Notice ofMarch 8, 1996)...............9897

12990.................................846712991.................................958712992...............................1128712993...............................1304312994...............................1304712995...............................1364512996...............................13647Administrative Orders:Memorandums:February 29, 1996 .............9889Notices:March 8, 1996 ...................9897Presidential Determinations:No. 96–10 of February

23, 1996 .........................8463No. 96–11 of February

23, 1996 .........................8465No. 96–12 of February

28, 1996 .........................9887No. 96–13 of March 1,

1996 ...............................9891No. 96–14 of March 1,

1996 ...............................9893No. 96–17 of March 7,

1996 .............................11123No. 96–18 of March 8,

1996 .............................11497

4 CFR28.......................................9089

5 CFR315.....................................9321330...................................11499333...................................11499335...................................11499532...................................108791900.................................13051

7 CFR1.......................................11501

29.......................................958931.......................................958932.......................................958946.....................................1338547.....................................1150151...........................9589, 1112552.......................................958953.......................................958954...........................9589, 1150456.......................................958958.......................................958970.......................................9589160.....................................9589301.........................8205, 13649319.....................................8205457.....................................8851704...................................10671916...................................13386917...................................13386920...................................13393925.......................11127, 14013944...................................13051980...................................13051982...................................11289985...................................11291999...................................130511002.................................112931280.................................130611421.................................115141487...................................82071491...................................82071492...................................82071495...................................82071927.................................117092902...................................9901Proposed Rules:29.........................10902, 1090352.......................................9654246...................................10903457...................................10699916.....................................8225917.....................................8225920...................................134631005.................................117561006.................................117561007.................................117561011.................................117561012.................................117561013.................................117561046.................................117561131.................................102881205.................................117641230.................................117761240.................................134631427.................................10289

8 CFR

103...................................13061204...................................13061205...................................13061212...................................11717216...................................13061242.....................................8858

ii Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Reader Aids

9 CFR

82.....................................11515145...................................11515147...................................11515Proposed Rules:1.............................9371, 117782.......................................117783.............................9371, 1177892...........................9957, 10269301.....................................9655304.....................................9655305.....................................9655306.....................................9655307.....................................9655310.....................................8892318...........................8892, 9655319.....................................8892325.....................................9655381...........................8892, 9655

10 CFR

2.......................................1365519.......................................990130.......................................990151.......................................990152.......................................990155.......................................9901100...................................10269102...................................10269109...................................10269110...................................10269114...................................10269490...................................10622Proposed Rules:430.....................................9958

11 CFR

Proposed Rules:104...................................13465

12 CFR

34.....................................11294265...................................13395268...................................13079366.....................................9590614...................................11303615...................................12015701...................................11721748...................................11526Proposed Rules:3.........................................9114208.....................................9114225.....................................9114325.....................................9114703.....................................8499711...................................12043

13 CFR

Ch. III .................................7979107.....................................7985115.....................................7985120.........................7985, 11471121.....................................7986125.....................................7986

14 CFR

11.....................................1127823.........................10269, 1364225...........................9533, 1172827.....................................1043629.....................................1043639 .......8209, 8211, 9090, 9092,

9097, 9098, 9371, 9599,9601, 9604, 9606, 9607,

10270, 10673, 10881, 11130,

11527, 11529, 11533, 11534,11536, 11538, 11539, 11541,12015, 12018, 13079, 13081,13083, 13655, 14013, 14014,

1401561.....................................1123867.....................................1123871 ...8859, 9612, 10271, 10884,

10885, 10886, 1201991.....................................1026997 ...........10887, 10888, 10889,

14017, 14018, 14020121.....................................96121274.................................13396Proposed Rules:25.....................................1177939 .......8892, 8896, 8897, 9119,

9959, 9960, 10292, 10294,10478, 10703, 10907, 11347,11591, 11593, 11784, 11786,11789, 11790, 12050, 12051,13110, 13111, 13113, 13468,13785, 13787, 13789, 13791,

1403471 .......8899, 9655, 9656, 9657,

9658, 10296, 10908, 10910,11792, 13115

121.........................9969, 11492135...................................11492243...................................10706

15 CFR

730...................................12714732...................................12714734...................................12714736...................................12714738...................................12714740...................................12714742...................................12714744...................................12714746...................................12714748...................................12714750...................................12714752...................................12714754...................................12714756...................................12714758...................................12714760...................................12714762...................................12714764...................................12714766...................................12714768...................................12714770...................................12714772...................................12714774...................................12714768A ................................12714769A ................................12714770A ................................12714771A ................................12714772A ................................12714773A ................................12714774A ................................12714775A ................................12714776A ................................12714777A ................................12714778A ................................12714779A ................................12714785.....................................8471785A ................................12714786A ................................12714787A ................................12714788A ................................12714789A ................................12714790A ................................12714791A ................................12714799A ................................12714

902...................................11132Proposed Rules:923.....................................9746926.....................................9746927.....................................9746928.....................................9746932.....................................9746933.....................................9746

16 CFR

303...................................11543460...................................13659801...................................13666802...................................136661500.................................130841507.................................13084Proposed Rules:21.....................................10708405.....................................8499

17 CFR

30.....................................10891200...................................13689211...................................12020230...................................13956239...................................13956270...................................13956274...................................13956Proposed Rules:210.....................................9848228.....................................9848229.....................................9848230.....................................9848232.....................................9848239.....................................9848240.........................9848, 10271249.....................................9848270...................................13630

18 CFR

2.......................................13419153...................................13419154.....................................9613157.........................8213, 13419201.........................8860, 13419284...........................8860, 8870375...................................13419382...................................13419

19 CFR

10.......................................7987113.....................................7987148.....................................9638Proposed Rules:101.....................................8001

20 CFR

368.....................................8213404...................................11133416.......................10274, 11133

21 CFR

5 ........8214, 8472, 9639, 1154473.......................................7990101 ............8752, 10280, 11730123.....................................9100136.....................................8781137.....................................8781139.....................................8781164.....................................9323165...................................13258172.........................8797, 11545175.....................................9903180.....................................7990310.....................................9570

332.....................................8836510.....................................8872520.....................................8872522.....................................8872524.....................................8872558...................................14021573...................................11546880.....................................8432890.....................................84321000.................................134211002.................................134211240...................................91001308.................................136891310.................................140221313.................................13759Proposed Rules:2.........................................800254.......................................850270.......................................837273.......................................837274.......................................837280.......................................837281.......................................837282.......................................8372101 ...8372, 8750, 8900, 10480,

11349, 11793, 13117178.....................................8372201.....................................8372312.....................................8502314.........................8502, 13793320.....................................8502330...........................8450, 8502600...................................13793601.........................8502, 13793701.....................................8372801...................................11349803...................................11349804...................................11349807.....................................8502809...................................10484812.....................................8502814.....................................8502860.....................................8502864...................................10484886.....................................9373897...................................113491300...................................85031301...................................85031302...................................85031303...................................85031304.......................8503, 115941305...................................85031306...................................85031307...................................85031308...................................85031309...................................85031310...................................85031311...................................85031312...................................85031313...................................85031316...................................8503

22 CFR2a.....................................1044740...........................9325, 11305514.........................8215, 13760

23 CFR645...................................120221260.................................113051313...................................9101Proposed Rules:1206.................................117941210...................................9120

24 CFR5 ......9040, 9536, 11112, 13614

iiiFederal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Reader Aids

7.......................................1422610.....................................1327220.....................................1328035.......................................906451.....................................1333292.......................................9036200.......................11112, 13614202.....................................8458236...................................13614243.....................................9536247.......................11112, 13614261...................................13986290...................................11684570...................................11474572...................................11112750...................................11112760...................................11112761...................................13986791...................................10848812...................................13614842.....................................9536880.........................9040, 13586881.........................9040, 13586882 ............9040, 11112, 13614883.........................9040, 13586884.........................9040, 13586885.........................9040, 11948886 ............9040, 11112, 11684887.......................11112, 13614889.........................9040, 11948890...................................11948891...................................11948904.........................9040, 13614912...................................13614913...................................11112941.....................................8712942.....................................9536950.........................8712, 11112955.....................................9052960 ............9040, 11112, 13614961...................................13986962.....................................8814965.....................................8712966...................................13272968.....................................8712982 ............9040, 11112, 13614983.........................9040, 11112984.....................................88141700.................................135961710.................................135961715.................................135961720.................................104403282.....................10440, 108583283.................................108583500.....................10440, 132323800.................................10440Proposed Rules:250.....................................8901251.....................................8901256.....................................8901

25 CFR

11.....................................10673

26 CFR

1 .....7991, 9326, 10447, 11307,11547, 11548, 11550, 12135,

1376220.......................................799125.......................................799131 .............9639, 11307, 11548,

1213535a...................................1130740.....................................1045042.....................................1045048.....................................10450

301...................................13762602 ...........9336, 10450, 11550,

12135Proposed Rules:1 .......9377, 9659, 9660, 10489,

11083, 1159531.....................................1159548.........................10490, 10492301.........................9660, 10492602...................................10492

28 CFR

2.......................................1376350.....................................1376352.......................................8472549...................................13322551...................................11274

29 CFR

102...................................137641901...................................92281902...................................92281910...................................92281915...................................92281926...................................92281928...................................92281950...................................92281951...................................92282201.................................140242615.................................131172619.................................106742676.................................10674Proposed Rules:Ch. XIV ............................13794102...................................11167103...................................10709500.......................10911, 140351910...................................93811915...................................93811926...................................9381

30 CFR

75.......................................9764260...................................12022920...................................12027Proposed Rules:48.....................................11350250...........................8534, 8901251.....................................8901256.....................................8901906.....................................8534913...................................14039931...................................13117936.....................................8536938...................................10918944...................................11350946...................................10919

31 CFR

500.....................................9343535.....................................8216601...................................10895Proposed Rules:357.....................................8420

32 CFR

Ch. XX .............................1085423.......................................9344216.....................................0346706 ......9104, 9105, 9107, 99042001.................................10854Proposed Rules:324.....................................8003

33 CFR

Subchapter D...................10466

4.........................................926481.....................................10466100 ...8216, 8217, 8218, 10896,

14025117.......................10466, 13098130.....................................9264131.....................................9264132.....................................9264137.....................................9264138.....................................9264154...................................13098155...................................13098165 ....8219, 8220, 9348, 13100175...................................13924179...................................13924181...................................13924Proposed Rules:62.....................................1347066.....................................1347067.....................................13472100 .............8227, 8229, 11352,

11353, 11354, 11796, 13119,13120, 13122

110...................................11356165...................................10493183...................................13123

34 CFR

75.......................................8454345.....................................8158Proposed Rules:99.....................................10664299...................................13324656...................................13996657...................................14006

36 CFR

Ch. IX...............................11308

38 CFR

0.......................................113081.......................................113093 ..............11309, 11731, 1342421.....................................11310

39 CFR

20 ............13765, 13775, 14025111...................................10068

40 CFR

9.......................................1109622.....................................1109051.......................................990552 .......7992, 7995, 8873, 9350,

9639, 9642, 9644, 9905,11136, 11137, 11139, 11142,11149, 11153, 11162, 11550,11552, 11556, 11560, 11731,11735, 12030, 13101, 13776

60...........................9905, 1402970 ..............8875, 11738, 1310180...........................8221, 1203081.....................................1156082.....................................10676110...................................14031112.....................................9646114.....................................9646117.....................................9646152.....................................8876167.....................................8221180 ...........9355, 10280, 10282,

10678, 10681, 11311, 11313,13424, 13427, 13428

185.........................9357, 11994261...................................13103271 ............9108, 10684, 13777

300.........................7996, 10687418...................................10468761...................................11096799...................................11740Proposed Rules:52 .......8008, 8009, 8901, 9125,

9639, 9642, 9644, 10920,10962, 10968, 11167, 11168,11169, 11170, 11596, 11597,

1179863 ................9383, 9532, 1312570.............................9125, 966182.......................................901489...........................9131, 1205390...........................9131, 1205391...........................9131, 12053122.....................................8229123.....................................8229148...................................12054170.......................14040, 14041180 .....8174, 8901, 8903, 9399,

10297, 11357, 11359, 13474,13476

185...................................11359186...................................11359220...................................13794227...................................13794261.......................12054, 13129264.....................................9532265.....................................9532266.....................................9532268...................................12054271...................................12054300 .............8012, 9403, 10298,

11597, 13131, 13794403.....................................8229501.....................................8229745.....................................9064

41 CFR101–71...............................9110301...................................10252Proposed Rules:60–741...............................9532

42 CFR57.......................................953258.......................................9532417...................................13430434...................................134301003.................................13430Proposed Rules:440.....................................9405

43 CFR

10001...............................13450Proposed Rules:Ch. II ..................................853714.......................................8538

44 CFR

10.....................................1068861.......................................822264.............................7997, 847465 ...........10468, 10472, 11315,

1131767.........................10474, 11318Proposed Rules:67.........................10494, 11362

45 CFR

74.....................................11743801...................................117471611.................................12041Proposed Rules:74.....................................11798

iv Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Reader Aids

78.....................................11798101...................................11798

46 CFR

2.......................................1392412.....................................1309813.....................................1309815.....................................1309830.....................................1309831.....................................1309835.....................................1309878.....................................1309890.....................................1309897.....................................1309898.....................................13098105...................................13098151...................................13098153...................................13098154...................................13098159...................................13924160.......................13924, 13931501...................................14032572...................................11564Proposed Rules:10.....................................1328412.....................................1328414.....................................1379615.....................................13284108.....................................8539110.....................................8539111.....................................8539112.....................................8539113.....................................8539161.....................................8539381.....................................9670501.....................................9944

47 CFR

Ch. I .................................111630.............................8475, 106881.......................................117482.........................................84755.............................8475, 1089621.......................................847522.......................................847523.......................................847525 .......8475, 9944, 9946,1089661.......................................887963.....................................1047564.......................................887973 .......7999, 8000, 8475, 8880,

8881, 9359, 9360, 9648,10284, 10689, 10691, 11320,

11584, 11585, 1403276 ................9361, 9648, 1174978.......................................847580.......................................847590.............................8475, 847894.......................................847595.......................................847597.......................................9953Proposed Rules:Ch. I..........9963, 10496, 11172,

111731.........................................99642.............................8905, 140415...........................10709, 1070915.....................................1404120.....................................1313321.....................................1070922.....................................1070923.....................................1070924.........................10709, 1313325 ..............8905, 10709, 1071026.....................................1070936.....................................10499

43.....................................1052261.....................................1117463.....................................1052264 ..............9966, 10522, 1117465.......................................996869.........................10499, 1117473 .......8014, 8230, 9410, 9411,

9964, 10300, 10301, 10709,10876, 10977, 10978, 14042,

1404374.....................................1070976 ................9411, 9671, 1380378.....................................1070980.....................................1070987...........................8905, 1070990.....................................1070994.....................................1070995.....................................1070997.........................10709, 14041

48 CFR

206...................................10285213.....................................9532225.......................10899, 13106252.......................10899, 13106501...................................14032504...................................14032510...................................10846511...................................14032512...................................14032515.......................10846, 14032538...................................10846552.......................10846, 14032801...................................11585814...................................11585833...................................11585836...................................11585852...................................11585Proposed Rules:31.....................................14216

49 CFR

199...................................10477382.....................................9546383.....................................9546390.....................................9546391.........................9546, 13338392.....................................9546571 ............9953, 11587, 13108671.....................................96501201...................................91121262...................................9112Proposed Rules:Ch. X .....................9413, 1052640...........................9969, 13809171.........................8328, 11484173.........................8328, 11484178.....................................8328180...................................11484191.....................................9132192...........................8231, 9132193.....................................8231195 ..............8231, 9415, 13144199.....................................9969214...................................10528219.....................................9969229.....................................8881382.........................9969, 10548383...................................10548390...................................10548391...................................10548571 ...........9135, 10556, 10979,

14044572.....................................9135653.....................................9969654.....................................9969

1000.................................117991001.................................117991002.....................11799, 118021003.................................117991004.................................117991005.................................117991006.................................117991007.................................117991008.................................117991009.................................117991010.................................117991011.................................117991012.................................117991013.................................117991014.................................117991015.................................117991016.................................117991017.................................117991018.................................117991019.................................117991020.................................117991021.................................117991022.................................117991023.................................117991024.................................117991025.................................117991026.................................117991027.................................117991028.................................117991029.................................117991030.................................117991031.................................117991032.................................117991033.................................117991034.................................117991035.................................117991036.................................117991037.................................117991038.................................117991039.....................11799, 131461040.................................117991041.................................117991042.................................117991043.................................117991044.................................117991045.................................117991046.................................117991047.................................117991048.................................117991049.................................117991050.................................117991051.................................117991052.................................117991053.................................117991054.................................117991055.................................117991056.................................117991057.................................117991058.................................117991059.................................117991060.................................117991061.................................117991062.................................117991063.................................117991064.................................117991065.................................117991066.................................117991067.................................117991068.................................117991069.................................117991070.................................117991071.................................117991072.................................117991073.................................117991074.................................117991075.................................11799

1076.................................117991077.................................117991078.................................117991079.................................117991080.................................117991081.................................117991082.................................117991083.................................117991084.................................117991085.................................117991086.................................117991087.................................117991088.................................117991089.................................117991090.................................117991091.................................117991092.................................117991093.................................117991094.................................117991095.................................117991096.................................117991097.................................117991098.................................117991099.................................117991100.................................117991101.................................117991102.................................117991103.................................117991104.................................117991105.....................11174, 117991106.................................117991107.................................117991108.................................117991109.................................117991110.................................117991111.................................117991112.................................117991113.................................117991114.................................117991115.................................117991116.................................117991117.................................117991118.................................117991119.................................117991120.................................117991121.....................11799, 118041122.................................117991123.................................117991124.................................117991125.................................117991126.................................117991127.................................117991128.................................117991129.................................117991130.................................117991131.................................117991132.................................117991133.................................117991134.................................117991135.................................117991136.................................117991137.................................117991138.................................117991139.................................117991140.................................117991141.................................117991142.................................117991143.................................117991144.................................117991145.................................117991146.................................117991147.................................117991148.................................117991149.................................117991150.................................118021152.....................11174, 11375

vFederal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Reader Aids

1201.......................9138, 113751262...................................91381312...................................94191313.................................13147

50 CFR17 ..............9651, 10693, 11320215...................................11750216...................................11750227...................................10477260.....................................9368261.....................................9368262.....................................9368263.....................................9368264.....................................9368265.....................................9368266.....................................9368267.....................................9368285.........................8223, 11337290.....................................8224300...................................11751301...................................11337351.....................................9369380.....................................8483611.....................................9955620...................................11164625 .........10285, 10286, 11344,

13452642...................................11345649...................................13454650.....................................8490651.....................................8492655.....................................8496661.....................................8497672 ...8888, 9955, 9956, 10286,

10901, 11589, 11590, 13462

675 .....8497, 9498, 8888, 8889,9113, 9370, 10287, 10697,

11165, 11345, 12041, 13109676.....................................9955677...................................13782683.....................................8890Proposed Rules:10.....................................1118014.....................................1118015.....................................1118016.....................................1118017 .................8014, 8016, 8018,

11180,1118118.....................................1118020.........................11805, 1198623...........................8019, 1118091.....................................10557260.....................................9420611...................................10712620...................................10712628...................................13810640...................................12055642...................................10302649...................................13478651.....................................8540654...................................12056656...................................13811659...................................11181662...................................13148663.........................8021, 10303672.........................9972, 11375674...................................13149675.....................................8023676...................................11376686.....................................8564697...................................13811

vi Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Reader Aids

REMINDERSThe rules and proposed rulesin this list were editoriallycompiled as an aid to FederalRegister users. Inclusion orexclusion from this list has nolegal significance.

RULES GOING INTOEFFECT TODAY

ENVIRONMENTALPROTECTION AGENCYAir pollution; standards of

performance for newstationary sources:Industrial-commercial-

institutional steamgenerating units--Louisiana; published 3-29-

96Toxic substances:

Health and data safetyreporting rule--List additions; published

2-28-96Water programs:

Oil discharge program;editorial revisions; Federalregulatory reformCorrection; published 3-

29-96FEDERAL MARITIMECOMMISSIONOrganization, functions, and

authority delegations:Economics and Agreement

Analysis Bureau, DirectorCorrection; published 3-

29-96HEALTH AND HUMANSERVICES DEPARTMENTFood and DrugAdministrationAnimal drugs, feeds, and

related products:New drug applications--

Nicarbazin and bacitracinmethylene disalicylate;correction; published 3-29-96

HOUSING AND URBANDEVELOPMENTDEPARTMENTCommunity development block

grants:Indian tribes and Alaska

Native villages; published2-28-96

Federal regulatory review:Fair housing; certification

and funding of State andlocal enforcementagencies; published 2-28-96

OCCUPATIONAL SAFETYAND HEALTH REVIEWCOMMISSIONFreedom of Information Act;

implementation; published 3-29-96

TRANSPORTATIONDEPARTMENTFederal AviationAdministrationAirworthiness directives:

Curtiss-Wright; published 1-29-96

Franklin; published 1-29-96Glaser-Dirks Flugzeugbau

GmbH; published 2-23-96Teledyne Continental

Motors; published 1-29-96

COMMENTS DUE NEXTWEEK

AGRICULTUREDEPARTMENTAgricultural MarketingServiceCotton:

Classification services togrowers; user fees;comments due by 4-1-96;published 2-29-96

Nectarines and peachesgrown in California;comments due by 4-3-96;published 3-4-96

AGRICULTUREDEPARTMENTFarm Service AgencyProgram regulations:

Business and industrial loanprogram; comments dueby 4-2-96; published 2-2-96

AGRICULTUREDEPARTMENTGrain Inspection, Packersand StockyardsAdministrationAgricultural commodities

standards:Beans, whole dry peas, split

peas, and lentils; gradestandards removed fromCFR; comments due by4-1-96; published 2-29-96

AGRICULTUREDEPARTMENTRural Business-CooperativeServiceProgram regulations:


AGRICULTUREDEPARTMENTRural Housing ServiceProgram regulations:


AGRICULTUREDEPARTMENTRural Utilities ServiceProgram regulations:


COMMERCE DEPARTMENTNational Oceanic andAtmospheric AdministrationMeetings:

Mid-Atlantic FisheryManagement Council;comments due by 4-2-96;published 2-22-96

DEFENSE DEPARTMENTAcquisition regulations:

Miller Act bondrequirements; alternatives;comments due by 4-1-96;published 2-1-96

ENERGY DEPARTMENTDebarment and suspension

(procurement) andgovernmentwide debarmentand suspension(nonprocurement); drug-freeworkplace requirements;comments due by 4-2-96;published 2-2-96

National Environmental PolicyAct; implementation;comments due by 4-5-96;published 2-20-96

ENVIRONMENTALPROTECTION AGENCYAir pollutants, hazardous;

national emission standards:Synthetic organic chemical

manufacturing industryand other processessubject to equipmentleaks negotiatedregulation; comments dueby 4-1-96; published 2-29-96

Air programs:Stratospheric ozone

protection--Motor vehicle air

conditioners servicing;comments due by 4-5-96; published 3-6-96

Refrigerant recycling;comments due by 4-1-96; published 2-29-96



Air quality implementationplans; approval andpromulgation; variousStates:California; comments due by

4-1-96; published 3-1-96Kentucky; comments due by

4-5-96; published 3-6-96Maryland; comments due by

4-1-96; published 3-1-96Michigan; comments due by

4-1-96; published 3-1-96

Missouri; comments due by4-1-96; published 2-29-96

Oklahoma; comments dueby 4-1-96; published 2-29-96

Hazardous waste programauthorizations:Washington; comments due

by 4-1-96; published 2-29-96

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

by 4-5-96; published 3-6-96

Sethoxydim; comments dueby 4-1-96; published 2-29-96

Superfund program:National oil and hazardous

substances contingencyplan--National priorities list

update; comments dueby 4-1-96; published 3-1-96

Water pollution control:Clean Water Act--

Pollutant analysis; testprocedures guidelines;comments due by 4-2-96; published 1-26-96

Ocean dumping; bioassaytesting requirements;comments due by 4-1-96;published 2-29-96

FEDERALCOMMUNICATIONSCOMMISSIONCommon carrier services:

Open video systems;implementation; commentsdue by 4-1-96; published3-14-96

Satellite communications--Fixed-satellite service in

13.75-14.0 GHz band;comments due by 4-1-96; published 3-6-96

Telecommunications Act;implementation--Equipment standards;

dispute resolution;comments due by 4-1-96; published 3-12-96

Radio broadcasting:Arecibo Coordination Zone,

PR; designation;comments due by 4-1-96;published 3-15-96

Radio stations; table ofassignments:California; comments due by

4-5-96; published 2-20-96Delaware; comments due by

4-5-96; published 2-20-96New York et al.; comments

due by 4-5-96; published2-20-96

viiFederal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Reader Aids

Oregon; comments due by4-5-96; published 2-20-96

Texas; comments due by 4-5-96; published 2-20-96

FEDERAL RESERVESYSTEMTruth in lending (Regulation

Z):Consumer protection;

adequacy determination;comments due by 4-1-96;published 1-30-96

FEDERAL TRADECOMMISSIONTrade regulation rules:

Waist belts, leather content;misbranding anddeception; comments dueby 4-4-96; published 3-5-96

HEALTH AND HUMANSERVICES DEPARTMENTFood and DrugAdministrationChlorofluorocarbon propellants

in self-pressurizedcontainers:Sterile aerosol talc; addition

to list of essential uses;comments due by 4-1-96;published 3-1-96

Food additives:Folic acid (Folacin);

comments due by 4-4-96;published 3-5-96

Food for human consumption:Food additives--

Sucrose esterified withmedium and long chainfatty acids (olestra);comments due by 4-1-96; published 3-21-96

Food labeling--Folate and neural tube

defects; health claimsand label statements;comments due by 4-4-96; published 3-5-96

Health claims, oats andcoronary heart disease;comments due by 4-3-96; published 1-4-96

INTERIOR DEPARTMENTFish and Wildlife ServiceEndangered and threatened

species:California condors, captive-

reared; comments due by4-1-96; published 2-29-96

INTERIOR DEPARTMENTMinerals ManagementServiceRulemaking petitions:

Outer Continental Shelf;claimed aboriginal titleand aboriginal huntingand fishing rights offederally recognized tribes

in Alaska; comments dueby 4-4-96; published 3-5-96

INTERIOR DEPARTMENTNational Park ServiceSpecial regulations:

Voyageurs National Park,MN; aircraft operations;areas designation;comments due by 4-1-96;published 1-31-96

INTERIOR DEPARTMENTSurface Mining Reclamationand Enforcement OfficePermanent program and

abandoned mine landreclamation plansubmissions:Oklahoma; comments due

by 4-4-96; published 3-5-96

INTERNATIONALDEVELOPMENTCOOPERATION AGENCYAgency for InternationalDevelopmentCommodities and services

financed by AID; source,origin and nationality rules;comments due by 4-5-96;published 2-5-96

LABOR DEPARTMENTOccupational Safety andHealth AdministrationConstruction safety and health

standards:Powered industrial truck

operator training;comments due by 4-1-96;published 1-30-96

Occupational safety and healthstandards, etc.:Powered industrial truck

operator training;comments due by 4-1-96;published 1-30-96

NATIONAL CREDIT UNIONADMINISTRATIONCredit unions:

Community developmentrevolving loan program;comments due by 4-5-96;published 2-5-96

Insurance requirements--Financial and statistical

reports; directly assessfederally-insured creditunions for cost ofrepeated inaccurate orlate filings; commentsdue by 4-5-96;published 2-5-96

Organization and operations--Secondary capital from

foundations and otherphilanthropic-mindedinstitutional investors;comments due by 4-1-96; published 2-2-96

PANAMA CANALCOMMISSIONAcquisition regulations:

Debarment, suspension andineligibility; comments dueby 4-2-96; published 2-2-96

PERSONNEL MANAGEMENTOFFICEPay under General Schedule:

Locality-based comparabilitypayments--Interim geographic

adjustments;termination; commentsdue by 4-1-96;published 2-1-96

RAILROAD RETIREMENTBOARDCigarettes; prohibition of sale

to minors; comments due by4-3-96; published 3-4-96

TRANSPORTATIONDEPARTMENTCoast GuardFederal regulatory review:

Electrical engineeringrequirements for merchantvessels; comments dueby 4-2-96; published 2-26-96

Ports and waterways safety:Elizabeth River and York

River, VA; safety zone;comments due by 4-3-96;published 3-14-96

TRANSPORTATIONDEPARTMENTFederal AviationAdministrationAirworthiness directives:

Boeing; comments due by4-1-96; published 2-1-96

McDonnell Douglas;comments due by 4-1-96;published 2-21-96

Airworthiness standards:Normal, utility, acrobatic,

and commuter categoryairplanes--Powerplant and equipment

standards; commentsdue by 4-3-96;published 1-4-96

TRANSPORTATIONDEPARTMENTFederal HighwayAdministrationEngineering and traffic

operations:Federal-aid project

agreement; contractprocedures; commentsdue by 4-1-96; published1-30-96

TRANSPORTATIONDEPARTMENTFederal TransitAdministrationCapital leases; comments due

by 4-1-96; published 1-31-96

TRANSPORTATIONDEPARTMENT

National Highway TrafficSafety Administration

Motor vehicle safetystandards, etc.:

Small volumemanufacturers; regulatoryproblems; meeting;comments due by 4-4-96;published 2-5-96

TRANSPORTATIONDEPARTMENT

Research and SpecialPrograms Administration

Pipeline safety:

Voluntary specifications andstandards, etc.; periodicupdates; Federalregulatory review;comments due by 4-3-96;published 3-4-96

TREASURY DEPARTMENT

Customs Service

North American Free TradeAgreement (NAFTA):

Duty deferral programs;collection and waiver orreduction of duty;comments due by 4-1-96;published 1-30-96

TREASURY DEPARTMENT

Internal Revenue Service

Income taxes:

Individual returns; filingextension; cross referenceand hearing; commentsdue by 4-1-96; published1-4-96

LIST OF PUBLIC LAWS

This is a list of public billsfrom the 104th Congresswhich have become Federallaws. It may be used inconjunction with ‘‘P L U S’’(Public Laws Update Service)on 202–523–6641. The text oflaws is not published in theFederal Register but may beordered in individual pamphletform (referred to as ‘‘sliplaws’’) from theSuperintendent of Documents,U.S. Government PrintingOffice, Washington, DC 20402(phone, 202–512–2470).

S. 1494/P.L. 104–120

Housing Opportunity ProgramExtension Act of 1996 (Mar.28, 1996; 110 Stat. 834)

Last List March 28, 1996