1–25–95 Wednesday Vol. 60 No. 16 January 25, 1995 Pages ... · includes both text and graphics...

fede

ral r

egiste

r

WednesdayJanuary 25, 1995Vol. 60 No. 16

Pages 4831–5086

1–25–95

Briefings on How To Use the Federal RegisterFor information on briefings in Washington, DC, seeannouncement on the inside cover of this 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. It is available on a Wide AreaInformation Server (WAIS) through the Internet and viaasynchronous dial-in. The annual subscription fee for a singleworkstation is $375. Six-month subscriptions are available for $200and one month of access can be purchased for $35. Discounts areavailable for multiple-workstation subscriptions. To subscribe,Internet users should telnet to swais.access.gpo.gov and login asnewuser (all lower case); no password is required. Dial-in usersshould use communications software and modem to call (202)512–1661 and login as swais (all lower case); no password isrequired; at the second login prompt, login as newuser (all lowercase); no password is required. Follow the instructions on thescreen to register for a subscription for the Federal Register Onlinevia GPO Access. For assistance, contact the GPO Access UserSupport Team by sending Internet e-mail [email protected], or a fax to (202) 512–1262, or by calling(202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Mondaythrough Friday, except 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: 60 FR 12345.

SUBSCRIPTIONS AND COPIES

PUBLICSubscriptions:

Paper or ficheAssistance with public subscriptions

202–512–1800512–1806

Online:Telnet swais.access.gpo.gov, login as newuser <enter>, no

password <enter>; or use a modem to call (202) 512–1661,login as swais, no password <enter>, at the second login asnewuser <enter>, no password <enter>.

Assistance with online subscriptions 202–512–1530

Single 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.

THE FEDERAL REGISTER

WHAT IT IS AND HOW TO USE IT

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

WHO: 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 Register

system 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.

Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995

WASHINGTON, DC

(TWO BRIEFINGS)WHEN: January 25 at 9:00 am and 1:30 pmWHERE: 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. 60, No. 16

Wednesday, January 25, 1995

Agriculture DepartmentSee Animal and Plant Health Inspection ServiceSee Commodity Credit CorporationSee Consolidated Farm Service Agency

Air Force DepartmentNOTICESActive military service and discharge determinations:

Civilian flight crew and aviation ground supportemployees of Braniff Airways, who served as resultof contract with Air Transport Command (February26–August 14, 1945), 4896

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

products:Livestock; inspection and handling for exportation; CFR

correction, 4831

Army DepartmentNOTICESEnvironmental statements; availability, etc.:

Base realignment and closure—Nike Battery Kansas City 30, MO, 4896–4897

Census BureauNOTICESSurveys, determinations, etc.:

Transportation; annual, 4883–4884

Centers for Disease Control and PreventionNOTICESGrant and cooperative agreement awards:

U.S. Conference of Mayors, 4918–4919World Health Organization, 4919–4920

Grants and cooperative agreements; availability, etc.:Occupational safety and health—

Occupational radiation and energy-related healthresearch program, 4916–4918

Meetings:Immunization Practices Advisory Committee, 4920

Commerce DepartmentSee Census BureauSee Minority Business Development AgencySee National Oceanic and Atmospheric AdministrationNOTICESAgency information collection activities under OMB

review, 4882–4883

Committee for the Implementation of Textile AgreementsNOTICESIndia items; exempt certifications; guidelines clarification,

4892

Commodity Credit CorporationNOTICESFeed grain donations:

Northern Cheyenne Indian Reservation, MT, 4882

Consolidated Farm Service AgencyPROPOSED RULESFarm marketing quotas, acreage allotments, and production

adjustments:Tobacco, 4871–4872

Defense DepartmentSee Air Force DepartmentSee Army DepartmentSee Navy DepartmentPROPOSED RULESAcquisition regulations:

Contract specifications and standards, 4878NOTICESMeetings:

Armed Forces Roles and Missions Commission, 4892Electron Devices Advisory Group, 4893Military Justice Joint Service Committee, 4893

U.S. Court of Military Appeals; practice and procedure rulechanges, 4893–4896

Drug Enforcement AdministrationNOTICESApplications, hearings, determinations, etc.:

Ansys, Inc., 4925Knight Seed Co. Inc., 4925–4926MD Pharmaceutical, Inc., 4926Norac Co. Inc., 4926Upjohn Co., 4926

Education DepartmentNOTICESAgency information collection activities under OMB

review, 4901–4902

Energy DepartmentSee Energy Efficiency and Renewable Energy OfficeSee Federal Energy Regulatory CommissionNOTICESFloodplain and wetlands protection; environmental review

determinations; availability, etc.:Fernald, OH—

Operable Unit 1 remedial action, 4902Operable Unit 2 remedial action, 4902–4903

Meetings:Environmental Management Site Specific Advisory

Board—Fernald Citizens Task Force, 4903Idaho National Engineering Laboratory, 4904–4905Nevada Test Site, 4904

Energy Efficiency and Renewable Energy OfficeNOTICESMeetings:

Demonstration and Commercial Application ofRenewable Energy and Energy Efficiency AdvisoryCommittee, 4905

IV Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Contents

Environmental Protection AgencyRULESAir pollutants, hazardous; national emission standards:

Chromium emissions from hard and decorativechromium electroplating and chromium anodizingtanks, 4948–4993

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

3,5-Dichloro-N-(1,1-dimethyl-2-propynyl)benzamide,4862–4863

Sodium chlorate, 4861–4862PROPOSED RULESAir pollution control; new motor vehicles and engines:

Gasoline spark-ignition and diesel compression-ignitionmarine engines; emission standards, 4878

Public information:Senior environmental employment program;

confidentiality of business information, 4877–4878NOTICESMeetings:

FIFRA Scientific Advisory Board, 4910Pesticide registration, cancellation, etc.:

Bacillus thuringiensis var. tenebrionis (B.t.t) deltaendotoxin, 4910–4911

Hexadecadienol, etc., 4912–4913Pesticides; emergency exemptions, etc.:

Fenoxycarb, 4911–4912Pyrithiobac-sodium herbicide, 4913–4914

Executive Office of the PresidentSee Management and Budget OfficeSee Presidential Documents

Export-Import BankNOTICESMeetings; Sunshine Act, 4944

Farm Service AgencySee Consolidated Farm Service Agency

Federal Aviation AdministrationRULESDefinitions:

Public (Government-owned) aircraft; exemption authority,5074–5076

PROPOSED RULESClass B airspace; correction, 4946

Federal Communications CommissionRULESTelevision broadcasting:

Cable Television Consumer Protection and CompetitionAct of 1992—

Rate regulation, 4863–4866NOTICESRulemaking proceedings; petitions filed, granted, denied,

etc., 4914

Federal Energy Regulatory CommissionRULESElectric utilities (Federal Power Act) and Public Utility

Regulatory Policies Act:Regulations streamlining, 4831–4860

NOTICESElectric rate and corporate regulation filings:

CLP Hartford Sales, L.L.C., et al., 4905–4906Renewable Energy Ireland Ltd. et al., 4906–4907

Environmental statements; availability, etc.:Holliday Historic Restoration Associates, 4907

Northern States Power Co., 4907–4908Applications, hearings, determinations, etc.:

Algonquin Gas Transmission Co., 4908Algonquin LNG, Inc., 4908KN Interstate Gas Transmission Co., 4908–4909Koch Gateway Pipeline Co., 4909Northern Natural Gas Co., 4909Panhandle Eastern Pipe Line Co., 4909San Diego Gas & Electric Co., 4909

Federal Maritime CommissionNOTICESCasualty and nonperformance certificates:

Club Med Sales, Inc., et al., 4914Freight forwarder licenses:

Celadon-Jacky Maeder Co. et al., 4914–4915E.D.R. International, Inc., et al., 4915

Federal Reserve SystemNOTICESAgency information collection activities under OMB

review, 4915Meetings; Sunshine Act, 4944

Fish and Wildlife ServiceRULESHunting and fishing:

Refuge-specific regulations, 5066–5067

Food and Drug AdministrationNOTICESFood additive petitions:

Lyondell-Citgo Refining Co., Ltd., 4920–4921Harmonisation International Conference; guidelines

availability:Regulatory requirements and guidelines; standards

development and use policy; correction, 4921

Foreign Assets Control OfficeNOTICESMiddle East peace process; specially designated terrorists

who threaten to disrupt; list availability, 5084–5086

General Services AdministrationNOTICESInteragency Committee for Medical Records:

Anesthesia administration and for performance ofoperations and other procedures; standard formcancellation and replacement, 4915–4916

Health and Human Services DepartmentSee Centers for Disease Control and PreventionSee Food and Drug AdministrationSee Public Health Service

Housing and Urban Development DepartmentRULESCommunity planning and development programs;

consolidationCorrection, 4861

NOTICESGrants and cooperative agreements; availability, etc.:

Community development block grant, HOME investmentpartnerships, emergency shelter, and housingopportunities for persons with AIDS programs, 5010–5042

Innovative homeless initiatives demonstration program,4996–5007

VFederal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Contents

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

International Trade CommissionNOTICESImport investigations:

Manganese sulfate from—China, 4923

Recombinantly produced human growth hormones,4923–4924

Justice DepartmentSee Drug Enforcement AdministrationNOTICESPollution control; consent judgments:

Lafarge et al., 4924Payne & Dolan, Inc., 4924–4925Seymour Recycling Corp. et al., 4925

Labor DepartmentSee Pension and Welfare Benefits Administration

Land Management BureauNOTICESClosure of public lands:

Oregon; correction, 4921

Management and Budget OfficeNOTICESBudget rescissions and deferrals:

Cumulative reports, 5070–5071

Minority Business Development AgencyNOTICESBusiness development center program applications:

Puerto Rico, 4884–4885South Carolina, 4885–4887Tennessee, 4887–4888Texas, 4888–4890

Native American business development center programapplications:

Minnesota, 4890–4891

National Aeronautics and Space AdministrationNOTICESMeetings:

Advisory Council, 4927Life and Microgravity Sciences and Applications

Advisory Committee, 4927Minority Business Resource Advisory Committee, 4927

National Council on DisabilityNOTICESMeetings; Sunshine Act, 4944–4945

National Oceanic and Atmospheric AdministrationRULESFishery conservation and management:

Bering Sea and Aleutian Islands groundfish and NorthPacific fisheries research plan, 4866–4870

Gulf of Mexico and South Atlantic coastal migratorypelagic resources, 4866

NOTICESPermits:

Marine mammals, 4891–4892

National Park ServiceNOTICESMeetings:

Pea Ridge National Military Park Advisory Team, 4921National Register of Historic Places:

Pending nominations, 4922Native American human remains and associated funerary

objects:Navajo Nation Museum, AZ; carved wooden mask, 4922–

4923

National Science FoundationNOTICESMeetings; Sunshine Act, 4945

Navy DepartmentNOTICESEnvironmental statements; availability, etc.:

Base realignment and closure—Naval Air Station Cecil Field, FL, 4897

Inventions, Government-owned; availability for licensing,4897–4901

Nuclear Regulatory CommissionPROPOSED RULESCombined construction permits and operating licenses;

amendments, 4877Radiation protection standards:

Medical administration of radiation and radioactivematerials, 4872–4877

NOTICESEnvironmental statements; availability, etc.:

Wolf Creek Nuclear Operating Corp., 4929–4930Meetings:

Reactor Safeguards Advisory Committee, 4927–4929Applications, hearings, determinations, etc.:

Commonwealth Edison Co., 4930–4934

Office of Management and BudgetSee Management and Budget Office

Pension and Welfare Benefits AdministrationNOTICESMeetings:

Employee Welfare and Pension Benefit Plans AdvisoryCouncil, 4926–4927

Personnel Management OfficeRULESChild support and/or alimony; garnishment orders;

processing; correction, 5044–5064NOTICESMeetings:

National Partnership Council, 4934–4935

Postal ServiceNOTICESMeetings; Sunshine Act, 4945

Presidential DocumentsEXECUTIVE ORDERSMiddle East peace process; terrorist transactions prohibition

(EO 12947), 5079–5081

Public Health ServiceSee Centers for Disease Control and PreventionSee Food and Drug Administration

VI Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Contents

PROPOSED RULESGrants:

Protection and advocacy for individuals with mentalillness program; requirements; correction, 4946

Research and Special Programs AdministrationPROPOSED RULESHazardous materials:

Hazardous materials transportation—Open head fiber drum packaging; alternate standards,

4879–4881

Securities and Exchange CommissionNOTICESSelf-regulatory organizations:

Clearing agency registration applications—MBS Clearing Corp.; correction, 4946

Self-regulatory organizations; proposed rule changes:Chicago Stock Exchange, Inc., 4935–4936National Association of Securities Dealers, Inc., 4936–

4938Participants Trust Co.; correction, 4946Philadelphia Stock Exchange, Inc.; correction, 4946

Applications, hearings, determinations, etc.:Anchor National Life Insurance Co. et al., 4938–4941Catalina Lighting, Inc., 4941Digicon Inc., 4941Penn Traffic Co., 4942

Small Business AdministrationNOTICESMeetings; district and regional advisory councils:

Maine, 4942

State DepartmentNOTICESMeetings:

Historical Diplomatic Documentation AdvisoryCommittee, 4942

Textile Agreements Implementation CommitteeSee Committee for the Implementation of Textile

Agreements

Transportation DepartmentSee Federal Aviation AdministrationSee Research and Special Programs AdministrationNOTICESAviation proceedings:

Agreements filed; weekly receipts, 4942Certificates of public convenience and necessity and

foreign air carrier permits; weekly applications,4942–4943

Treasury DepartmentSee Foreign Assets Control Office

Veterans Affairs DepartmentNOTICESMeetings:

Cooperative Studies, Health Services, and RehabilitationResearch and Development Advisory Committee,4943

Separate Parts In This Issue

Part IIEnvironmental Protection Agency, 4948–4993

Part IIIDepartment of Housing and Urban Development, 4996–

5007

Part IVDepartment of Housing and Urban Development, 5010–

5042

Part VOffice of Personnel Management, 5044–5064

Part VIDepartment of the Interior, Fish and Wildlife Service,

5066–5067

Part VIIOffice of Management and Budget, 5070–5071

Part VIIIDepartment of Transportation, Federal Aviation

Administration, 5074–5076

Part IXThe President, 5079–5081

Part XDepartment of the Treasury, Office of Foreign Assets

Control, 5084–5086

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

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

CFR PARTS AFFECTED IN THIS ISSUE

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

VIIFederal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Contents

3 CFRExecutive Orders:12947.................................5079

5 CFR581.....................................5044

7 CFRProposed Rules:723.....................................4871

9 CFR91.......................................4831

10 CFRProposed Rules:20.......................................487235.......................................487252.......................................4877

14 CFR1.........................................507411.......................................507471.......................................4946121.....................................5074

18 CFR2.........................................483134.......................................483135.......................................483141.......................................4831131.....................................4831292.....................................4831294.....................................4831382.....................................4831385.....................................4831

24 CFR91.......................................4861

40 CFR9.........................................494863.......................................4948180 (2 documents) ...........4861,

4862Proposed Rules:2.........................................487757.......................................487785.......................................487786.......................................487791.......................................4878122.....................................4877123.....................................4877145.....................................4877233.....................................4877260.....................................4877270.....................................4877271.....................................4877281.....................................4877350.....................................4877403.....................................4877704.....................................4877707.....................................4877710.....................................4877712.....................................4877716.....................................4877717.....................................4877720.....................................4877723.....................................4877750.....................................4877790.....................................4877

42 CFRProposed Rules:51.......................................4946

47 CFR76.......................................4863

48 CFR210.....................................4878215.....................................4878

252.....................................4878

49 CFRProposed Rules:171.....................................4879172.....................................4879173.....................................4879174.....................................4879175.....................................4879176.....................................4879177.....................................4879178.....................................4879179.....................................4879180.....................................4879

50 CFR32.......................................5066642.....................................4866675.....................................4866677.....................................4866

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

4831

Vol. 60, No. 16


DEPARTMENT OF AGRICULTURE

Animal and Plant Health InspectionService

9 CFR Part 91

Inspection and Handling of Livestockfor Exportation

CFR Correction

In title 9 of the Code of FederalRegulations, parts 1 to 199, revised as ofJanuary 1, 1994, in § 91.3 (a), in the firstsentence remove the words ‘‘exceptcattle from Mexico imported into theUnited States in bond for temporaryfeeding and return to Mexico,’’.BILLING CODE 1505–01–D

DEPARTMENT OF ENERGY

Federal Energy RegulatoryCommission

18 CFR Parts 2, 34, 35, 41, 131, 292,294, 382, and 385

[Docket No. RM92–12–000]

Streamlining of Regulations Pertainingto Parts II and III of the Federal PowerAct and the Public Utility RegulatoryPolicies Act of 1978; Order No. 575

Issued January 13, 1995.AGENCY: Federal Energy RegulatoryCommission, DOE.ACTION: Final rule.

SUMMARY: The Federal EnergyRegulatory Commission (Commission) isamending its regulations governingpublic utilities and qualifying facilities.The final rule revises and clarifiesCommission policies regarding: Ratefilings by public utilities under theFederal Power Act; issuances ofsecurities and assumptions of liabilitiesby public utilities, licensees and others;and procedural and technical rules

governing qualifying facilities. The finalrule is intended to streamline theCommission’s processing of itsworkload and reduce regulatory burdenson the electric utility and qualifyingfacility industries.EFFECTIVE DATE: This rule is effectiveFebruary 24, 1995.FOR FURTHER INFORMATION CONTACT:Andre Goodson (Legal Information),

Office of the General Counsel, FederalEnergy Regulatory Commission, 825North Capitol St., N.E., Washington,D.C. 20426, Telephone: (202) 208–2167;

Joseph C. Lynch (Legal Information),Federal Energy RegulatoryCommission, Office of the GeneralCounsel, 825 North Capitol Street,N.E., Washington, D.C. 20426,Telephone: (202) 208–2128;

Wayne McDanal (Technical informationconcerning Part 34 matters), Office ofChief Accountant, 825 North CapitolStreet, N.E., Washington, D.C. 20426,Telephone: (202) 219–2622;

Howard B. Forman (Technicalinformation concerning Part 35matters), Office of Electric PowerRegulation, 825 North Capitol Street,N.E., Washington, D.C. 20426,Telephone: (202) 208–0545;

Qualifying Facilities Desk Officer(Technical information concerningPart 292 matters), Office of ElectricPower Regulation, 825 North CapitolStreet, N.E., Washington, D.C. 20426,Telephone: (202) 208–0571;

James K. Newton (Technicalinformation concerning Part 294matters), Office of Electric PowerRegulation, 825 North Capitol Street,N.E., Washington, D.C. 20426,Telephone: (202) 208–0578; or

William C. Booth (Technicalinformation concerning Part 382matters), Office of Electric PowerRegulation, 825 North Capitol Street,N.E., Washington, D.C. 20426,Telephone: (202) 208–0849.

SUPPLEMENTARY INFORMATION: Inaddition to publishing the full text ofthis document in the Federal Register,the Commission also provides allinterested persons an opportunity toinspect or copy the contents of thisdocument during normal business hoursin Room 3401, at 941 North CapitolStreet, N.E., Washington, D.C. 20426.

The Commission Issuance PostingSystem (CIPS), an electronic bulletinboard service, provides access to the

texts of formal documents issued by theCommission. CIPS is available at nocharge to the user and may be accessedusing a personal computer with amodem by dialing (202) 208–1397. Toaccess CIPS, set your communicationssoftware to 19200, 14400, 12000, 9600,7200, 4800, 2400, 1200 or 300bps, fullduplex, no parity, 8 data bits and 1 stopbit. The full text of this document willbe available on CIPS for 60 days fromthe date of issuance in ASCII andWordPerfect 5.1 format. After 60 daysthe document will be archived, but stillaccessible. The complete text ondiskette in WordPerfect format may alsobe purchased from the Commission’scopy contractor, La Dorn SystemsCorporation, also located in Room 3104,941 North Capitol Street, N.E.,Washington, D.C. 20426.

Table of ContentsI. IntroductionII. Public Reporting BurdenIII. Discussion

A. Part 2—General Policy andInterpretations: Section 2.4(d)—InitialRate Schedules

B. Part 34—Application for Authorizationof the Issuance of Securities or theAssumption of Liabilities

1. Section 34.1(c)(1)—Exemption if StateRegulates Security Prior to Issuance

2. Section 34.1(c)(2)—Exemption for ShortTerm Notes or Drafts

3. Section 34.2—Placement of Securities4. Section 34.3—Contents of Application

for Issuance of Securities5. Section 34.4—Required Exhibits6. Section 34.10—Reports7. Section 34.11—Unopposed Applications

to Issue Securities and/or AssumeLiabilities

8. Part 131—Forms: Section 131.50C. Part 35—Filing of Rate Schedules1. Sections 35.13(a)(2)(i)(A) and (B)—Rate

Increases of Less Than $200,000,Regardless of Customer Consent, andRate Increases Below $1,000,000, WithCustomer Consent

2. Other Changes to Section 35.13D. Part 41—Accounts, Records and

Memoranda: Sections 41.3 and 41.7E. Proposed Procedural Modifications and

Revised Definitions Under Part 292—Regulations Under Sections 201 and 210of the Public Utility Regulatory PoliciesAct of 1978 (PURPA) With Regard toSmall Power Production andCogeneration

1. Administration of the 90–DayCertification Period

2. Improvements in the Self-CertificationProcess

3. Revocation of Qualifying Status4. Pre-Authorized Recertification

4832 Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Rules and Regulations

1 Streamlining of Regulations Pertaining to PartsII and III of the Federal Power Act and the PublicUtility Regulatory Policies Act of 1978, Notice ofProposed Rulemaking, 57 FR 55176 (Nov. 24, 1992),IV FERC Stats. & Regs. ¶ 32,489 (1992), errataadding Appendix, 57 FR 58168 (Dec. 9, 1992), IVFERC Stats. & Regs. ¶ 32,491 (1992).

2 The commenters are: American CogenerationAssociation (American Cogen); American Forestand Paper Association (American Forest and Paper);American Gas Association (AGA); American Ironand Steel Institute (American Iron and Steel);Anthracite Region Independent Power ProducersAssociation (Anthracite IPPs); Applied EnergyServices Corporation (Applied Energy); ArizonaPublic Service Company (Arizona Public Service);Atlantic City Electric Company (Atlantic Electric);Baltimore Gas & Electric Company (Baltimore Gas& Electric); Public Utilities Commission of the Stateof California (CPUC); Consumers Power Company(Consumers Power); Curran, Corbett & Stiles;Delmarva Power & Light Company (Delmarva);Detroit Edison Company (Detroit Edison); Steven A.

Duff; Duke Power Company (Duke Power); EdisonElectric Institute (EEI); Electric GenerationAssociation; Florida Power & Light Company(Florida P&L); General Electric Company (GeneralElectric); Gulf States Utilities Company (GulfStates); Long Island Lighting Company (LILCO);National Independent Energy Producers(Independent Energy Producers); New EnglandPower Company (NEP); New York State Electric &Gas Company (NYSEG); Niagara Mohawk PowerCorporation (Niagara Mohawk); Oxbow PowerCorporation (Oxbow); Pennsylvania Power & LightCompany (Pennsylvania P&L); Ridgewood PowerCorporation (Ridgewood); RW Power Partners, L.P.(RW Partners); San Diego Gas & Electric Company(SDG&E); Southern California Edison Company(Southern California Edison); Southern CompanyServices, Inc. (Southern Companies); Tenaska, Inc.(Tenaska); Texaco Cogeneration and PowerCompany (Texaco); Texas-New Mexico PowerCompany (Texas-New Mexico); United States SmallBusiness Administration (Small BusinessAdministration); UtiliCorp United, Inc. (UtiliCorp);Utility Systems Florida; and Donald L. Warner.

3 As used in reference to the part 34 regulations,the term ‘‘utility’’ means public utility, licensee andother entities subject to the provisions of the FPA.

5. Qualifying Transmission andInterconnection Equipment

6. Maximum Net Power ProductionCapacity

7. Increased Specificity of the QualifyingFacility Certification Application FilingRequirements: Form 556

F. Proposed Technical Modifications forQualifying Small Power Production andCogeneration Facilities Under Part 292

1. Calendar Year Operating and EfficiencyValue Calculations

2. Clarification of the Sequential Use ofEnergy Requirement

3. Section 292.204(a)—Criteria for SmallPower Production Facilities

4. WasteG. Part 294—Procedures for Shortages of

Electric Energy and Capacity UnderSection 206 of the Public UtilityRegulatory Policies Act of 1978

H. Part 382—Annual Charges: Sections382.102 and 382.201

I. Part 385—Rules of Practice andProcedure

IV. Environmental StatementV. Regulatory Flexibility CertificationVI. Information Collection StatementList of Subjects

Before Commissioners: Elizabeth AnneMoler, Chair; Vicky A. Bailey, James J.Hoecker, William L. Massey, and Donald F.Santa, Jr.

I. IntroductionOn November 16, 1992, the Federal

Energy Regulatory Commission(Commission) issued a Notice ofProposed Rulemaking (NOPR) in whichthe Commission proposed to revise itsregulations regarding: (a) Rate filings bypublic utilities under the Federal PowerAct (FPA); (b) assumptions of liabilitiesand issuances of securities by publicutilities, licensees, and certain otherentities; and (c) procedural andtechnical rules governing qualifyingfacilities.1 The Commission requestedthat interested persons submit writtencomments no later than January 15,1993. Forty entities submittedcomments.2

The Commission is now adopting afinal rule revising its regulations tostreamline the processing of theCommission’s workload and to reduceregulatory burdens on the electric utilityand qualifying facility industries.

II. Public Reporting BurdenThe final rule establishes new

reporting requirements, modifiesexisting reporting requirements andeliminates those requirements that arenow obsolete. On balance, theCommission believes that the overallburden on industry and individuals willbe lessened over time by these proposedchanges. The Commission seeks tosimplify and streamline its requirementsto reduce the burden on respondentsincluding utilities,3 and/or personsseeking the following: ObtainingCommission certification or filing anotice of the qualifying status of theircogeneration facilities and small powerproducers; obtaining Commissionapproval to issue securities or assumeobligations or liabilities; responding tothe Commission’s audits of theirfinancial records; filing in response tothe assessment of Commission’s annualcharges; submitting contingency plansin preparation of energy shortages.

The current public reporting burdenfor these information collections isestimated to average the followingnumber of hours per response: FERC–516 976 hours for the 234 respondentsthat complete a filing; FERC–523 120hours for the 60 respondents thatcomplete a filing; FERC–525 193.25hours per response for the 83respondents that respond to auditreview; FERC Form 556 6.2 hours for332 respondents that complete anapplication for certification; FERC–5824 hours for 179 respondents who

prepare and submit remuneration forannual charges assessed on them by theCommission; and FERC–585 76 hoursper response for average of 6respondents who annually havesubmitted changes to contingency plans(out of the 110 utilities with plans onfile). These estimates include the timefor reviewing instructions, searchingexisting data sources, gathering andmaintaining the data needed, andcompleting and reviewing the collectionof information.

The changes in Part 34 (FERC–523)will reduce the reporting burden by 10hours per filing. The changes in Part 35(FERC–516) will increase the reportingburden by 0.1 hours per filing. Thechanges in Part 292 (FERC–556) willincrease the reporting burden by 0.77hours per filing for notices of self-certification. However, these changeswill reduce the reporting burden forapplications for Commissioncertification by 2.5 hours per filing. Thisreflects a reduction in the amount ofanalysis to determine whether thefacility is a qualifying facility. Theresults from the changes in Parts 294(FERC–585) and 382 (FERC–582) on thereporting burden are difficult toquantify, but should, over time, result ina reduction of the reporting burden. Thechanges in Part 41 (FERC–525) will notaffect the reporting burden.

With respect to the utilities andpersons filing information under FERC–523, the Commission believes that therewill be an average burden decrease dueto the elimination of severalrequirements and increases in thethresholds for the reporting ofinformation to meet other requirements.For the additional information that willbe required there should be a minimalburden increase as a result, becausemuch of the information is alreadycollected by industry in other contexts.The final rule simplifies the provisionsfor the issuance of short-term notes anddrafts with maturities of a year or lessand deletes an after-the fact filingrequirement. Further, the final rulesimplifies the procedures for theplacement of securities therebystreamlining the regulatory process.

Likewise, the final rule deletes therequirement to include a copy of thecorporate charter or articles ofincorporation, because a statement ofcorporate purposes will provide thenecessary information. However, thefinal rule will require the submission ofa Statement of Cash Flows and InterestCoverage containing data on an actualbasis for the same twelve-month period.This information is to be submitted ina format already prescribed in FERCForm No. 1. The Commission has

4833Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Rules and Regulations

4 Middle South Energy, Inc. v. FERC, 747 F.2d 763(D.C. Cir. 1984).

5 Southern Companies also disagrees with theCommission’s interpretation of what constitutes aninitial rate; however, that issue is beyond the scopeof this proceeding.

6 16 U.S.C. 812, 813, 824c.7 There are certain exceptions to this requirement.

Under section 204(e) of the FPA, a public utilitydoes not require Commission authorization to issue,renew, or assume debt with a maturity date of notmore than one year, if the debt, together with allof the other debt having a maturity of one year orless that the utility has then outstanding, does notexceed five percent of the par value of the utility’ssecurities then outstanding.

Continued

instituted this requirement to facilitatethe preparation of financial statementsto be submitted as part of theapplication because the utilities alreadyprepare quarterly financial statementsand may use such statements as thebasis for the information required to besubmitted. The use of the FERC FormNo. 1 format will relieve utilities of thenecessity of compiling data in a formatthat has limited applicability.

For the information to be filed in Part35 and collected under the headingFERC–516, the Commission will requiremore information than is currentlyrequired on small rate increases forrequirements services. However, theCommission believes that the additionalinformation will allow for more efficientprocessing of applications and, byreducing or eliminating the need forextensive discovery, eliminateprotracted proceedings. The final rulecreates a new abbreviated filing optionfor small increases in rates for non-coordination, firm power andtransmission services.

Concerning FERC–525, the final rulemodifies shortened procedures forhearings on a utility’s accounts, recordsand memoranda. The Commission seeksto reduce the amount of litigation,particularly the number of hearingswhen the material facts are not indispute.

The Commission estimates that thepublic reporting burden for the otherfiling requirements under this proposedfinal rule will reduce the existingreporting burden. The requirements forthe certification of small powerproduction and cogeneration facilitiesas qualifying facilities under Part 292 ofthe regulations has been revised andclarified to reflect changing industryconditions and the Commission’sexperience with the qualifying facilitiesprogram. In particular, the Commissionintends to act within 90 days on thefiling of an application for certification,or within 90 days of the filing of thesupplement or amendment to theapplication. This will allow theapplication process to be conducted ina timely fashion and with somecertainty to the applicant as to when theCommission deems an applicationcomplete.

In the NOPR, the Commissionproposed a standardized applicationform, FERC Form 556, to facilitatesuccessful applications for Commissioncertification of qualifying status. Form556 allows cogenerators and smallpower producers to report the specificcharacteristics of their facilities andprovides a step-by-step application ofpertinent regulations to their facilities.To provide greater assurance to lenders,

electric utilities and state regulatoryinstitutions, the final rule also adoptsthe use of the FERC Form 556information requirement format fornotices of self-certification. Through theuse of Form 556, the self-certificationprocess will be similar to theCommission certification process, for itwill incorporate sufficient substantiveinformation. But the notice of self-certification will remain a simpleprocedure that is both quick andeconomical. There will be noCommission review or filing fee, and theprocess should promote discussionsbetween the applicants, electric utilitiesand affected regulatory commissions toresolve any problems. To make Form556 easier to use, the Commission iseliminating redundancies and, whereverpossible, cross-referencing items torelated sections of the Commission’sregulations or stating the underlyingFederal Power Act (FPA) or Commissionrequirement.

In the proposed rule, the Commissionalso sought to make it easier todetermine the energy sources thatcertain qualifying small powerproduction facilities may use. To makeit easier to certify a qualifying facility,the Commission also proposed to listspecific energy sources that it hadpreviously approved for treatment aswaste. In the final rule, the Commissionpublishes a list of waste energy inputsalready approved by the Commission. Inaddition, the Commission is alsostreamlining its waste determinationprocess for those energy inputs that donot appear on the list by changing itsapproach to require that the proposedwaste fuel source only have little or nocommercial value.

In its changes to Part 382 of theregulations concerning the submissionof annual charges and the informationcollected under FERC–582, the finalrule clarifies the Commission’srequirements by making the calculationof annual charges consistent with theclassification of transaction volumes asreported on the FERC Form 1.

For the information collected underFERC–585 under Part 294 of theCommission’s regulations, the final ruleprovides a public utility with the optionof not separately reporting itscontingency plans if it already includescertain provisions in its wholesale rateschedules. Otherwise, the public utilitymust file a brief statement, summarizingits contingency plans. In the event thepublic utilities avail themselves of thisoption, it would reduce the number ofannual respondents and total burden.

Comments regarding these burdenestimates or any other aspects of thesecollections of information, including

suggestions for reducing the burden, canbe sent to the Federal Energy RegulatoryCommission, 941 North Capitol Street,N.E. Washington, D.C. 20426 [Attention:Michael Miller, Information ServicesDivision, (202) 208–1415]; and to theOffice of Information and RegulatoryAffairs, Office of Management andBudget [Attention: Desk Officer forFederal Energy RegulatoryCommission], FAX: (202) 395–5167.

III. DiscussionFor the reasons discussed below, the

Commission hereby deletes or revisesthe following regulations:

A. Part 2—General Policy andInterpretations: Section 2.4(d)—InitialRate Schedules

The Commission noted in the NOPRthat § 2.4(d) provides that an initial rateschedule can be suspended and aninterim rate established, and that bothcan be made subject to refund. However,the United States Court of Appeals forthe District of Columbia Circuit has heldthat the Commission does not haveauthority to suspend initial rate filings.4Accordingly, in the NOPR theCommission proposed to delete thisprovision from the regulations. OnlySouthern Companies commented onthis proposed change, and they agreethat the deletion of the provision isappropriate.5 For the reasons given inthe NOPR, and described above, thefinal rule will delete this provision fromthe Commission’s regulations.

B. Part 34—Application forAuthorization of the Issuance ofSecurities or the Assumption ofLiabilities

1. Section 34.1(c)(1)—Exemptions ifState Regulates Security Prior toIssuance

Under sections 19, 20 and 204 of theFPA,6 utilities, licensees, and certainother entities are required to obtainCommission authorization to issuesecurities or to assume any obligation orliability with respect to the securities ofanother person.7 The NOPR proposed


Under section 204(f) of the FPA, a public utilitydoes not require Commission authorization to issuesecurities or assume debt if the State commissionin which it is organized and operating regulates theissuance of its securities.

Under section 318 of the FPA, a utility that issubject to the requirements of the Public UtilityHolding Company Act is not subject to therequirements of the FPA with respect to the issue,sale, or guarantee of a security, or assumption ofobligation or liability. 8 16 U.S.C. 824c(e).

revising § 34.1(c)(1) by clarifying thatsection. No one commented on thisproposed change; we will incorporatethe proposed change in the final rule tomake it clear that if an agency of a statein which a utility is organized andoperating approves or authorizes, inwriting, the issuance of securities priorto their issuance, the utility is exemptfrom the provisions of sections 19, 20and 204 of the FPA and the regulationsunder 18 CFR part 34 with respect to theissuance of such securities.

2. Section 34.1(c)(2)—Exemptions forShort-Term Notes or Drafts

The NOPR proposed amending§ 34.1(c)(2), which relates to exemptingfrom the Commission’s requirements theissuance or renewal of short-term notesor drafts, to simplify the provisions andto delete an unnecessary, after-the-factfiling requirement. The Commissionproposed to revise the language of thisregulation to read as follows:

Under section 204(e) of the FPA, theissuance, renewal or assumption of liabilityon a note or draft maturing not more than oneyear after such issuance, renewal orassumption of liability is not subject to theprovisions of this Part if the note or draftaggregates, along with all other then-outstanding notes and drafts, not more thanfive percent of the:

(A) Par value of the then-outstandingsecurities of the utility and,

(B) In the case of no par value securities,the fair market value of such securities.

Baltimore Gas & Electric, EEI, GulfStates, and Pennsylvania P&Lcommented on the proposed change.Baltimore Gas & Electric, EEI and GulfStates suggest revising the proposedlanguage to make it clear that theexemption does not apply to notes anddrafts with maturities of more than oneyear.

We agree with these comments andwill amend the text of § 34.1(c)(2) toavoid any confusion as to the securitiesto which the regulations apply.

EEI and Gulf States suggest that theregulations not use the ‘‘par value’’ ofthe then-outstanding securities indetermining the value of a company’sthen-outstanding securities because thepar value may be significantly lowerthan the issue price or current marketvalue of securities. Pennsylvania P&L

also recommends that the Commissionprovide a valuation date.

The arguments with regard to the useof par value are not persuasive. Section204(e) of the FPA refers to ‘‘par value ofthe other securities then outstanding.’’ 8

It is clear from this language that thestatute requires the use of ‘‘par value’’if the security has a par value. We haveno authority to recognize current marketvalue or issue price as the measure ofthe amount of securities ‘‘thenoutstanding’’ if there is a par valuestated. However, in the case of securitieshaving no par value, we believe that fairmarket value is appropriate.

As to a specific date for the 5 percentmeasurement, although the precisetiming of the issuance of securities iswholly within the purview of utilitymanagement, we will clarify thelanguage to indicate that the 5 percenttest would be applied as of the date ofthe issuance or renewal of the securitiesor assumption of the liabilities.

3. Section 34.2—Placement of Securities

The NOPR proposed amending § 34.2,to rename the section and to allow forthe placement of securities by eithercompetitive bid or negotiatedplacement. The proposed amendmentrecognized exemptions from theserequirements, simplified the placementprocedures and streamlined theregulatory process. The Commissionproposed to revise the title and languageof this regulation as follows:

Section 34.2—Placement of Securities

(a) Method of issuance. Uponobtaining authorization from theCommission, utilities may issuesecurities by either a competitive bid ornegotiated placement, provided that:

(i) Competitive bids are obtained fromat least two prospective dealers,purchasers or underwriters; or

(ii) Negotiated offers are obtainedfrom at least three prospective dealers,purchasers or underwriters; and

(iii) The utility:(A) Accepts the bid or offer that

provides the utility with the lowest costof money for fixed or variable interest ordividend rate securities, or

(B) Accepts the bid or offer thatprovides the utility with the greatest netproceeds for securities with no specifiedinterest or dividend rates or,

(C) Has filed for and obtainedauthorization from the Commission toaccept bids or offers other than thosespecified in (iii)(A) or (iii)(B) above.

(b) Exemptions. (i) Multiple bids oroffers are not required for the issuanceof securities:

(A) To existing holders of securitieson a pro rata basis;

(B) When the utility receives anunsolicited proposal to purchase itssecurities; or

(C) With maturities of one year or less.(ii) The utility may request exemption

from the multiple bid or offer rule whenthe utility believes such an exemption isappropriate, based on the facts andcircumstances of the particularissuance.

(c) Prohibitions. No securities shall beplaced with any person who:

(i) Has performed any service oraccepted any fee or compensation withrespect to the proposed issuance ofsecurities; or

(ii) Would be in violation of section305(a) of the FPA.

Baltimore Gas & Electric suggests thatwe change § 34.2(b) so that this sectionwill clearly provide exemptions fromthe multiple bid or offer requirements of§ 34.2(a). EEI, Gulf States and UtiliCorpsuggest that we include within theexemptions from negotiated bid andplacement requirements particular typesof securities (treasury stock andsecurities ‘‘backing up’’ pollutioncontrol debt issued by a third party, forinstance).

These comments have merit, and wewill modify the final rule accordingly.We will not, however, include treasurystock among the list of exemptedsecurities; we are not persuaded that ablanket exemption is justified fortreasury stock. For all practicalpurposes, the issuance of treasury stockis not substantially different from theissuance of new shares of commonstock.

EEI and Gulf States suggest that wedelete the prohibition in § 34.2(c)(1)against accepting bids from or enteringinto negotiations with persons that haveaccepted a fee for services performed inconnection with the proposed issuanceof securities. We reject thisrecommendation. However, we note thatproposed § 34.2(c)(1) did not includelanguage (which is currently in thisparagraph of our regulations) indicatingthat it involves services performed priorto the submission of bids or thebeginning of negotiations. The proposedrule, like the existing rule, shouldcontain this language. Upon furtherconsideration, the final rule will includethis language in the regulations.

EEI and Gulf States suggest that wecodify the Commission’s policy ofallowing utilities to issue securities orassume obligations or liabilities over atwo-year period. EEI and Gulf States arecorrect that it is the Commission’spolicy to allow companies to issuesecurities at any time within a two-year


9 See Montana-Dakota Utilities Company, 21FERC ¶ 62,358 (1982).

10 See Electronic Filing of FERC Form No. 1 andDelegation to Chief Accountant; Notice of Intent toAct and Response to Comments, 59 FR 1687, 1689(Jan. 12, 1994).

period, without any additionalauthorization from the Commission.9Our policy regarding the two-yearauthorization period is clear andworking well. We do not think that therequested codification is necessary. Thematter is best dealt with through theCommission’s authorization process,leaving the Commission the flexibilityto address the facts and circumstancesin the filings on a case-by-case basisand, where appropriate, to grantauthorizations for periods different thanthe basic two-year period. Accordingly,we will not adopt the suggestion.

4. § 34.3—Contents of Application forIssuance of Securities

The NOPR proposed amending § 34.3,which governs the contents of anapplication to issue securities. No onecommented on this aspect of theproposed rule, and we will adopt theproposed change.

UtiliCorp suggests that an applicationalso include a draft order, prepared bythe applicant. We will reject thissuggestion. The inclusion of arequirement that applications include adraft order will increase the burden onthe applicants without substantiallyaiding the Commission in its processingof filings.

5. § 34.4—Required Exhibits

a. Section 34.4(a), Exhibit A. TheCommission proposed to delete thecurrent language in paragraph (a) and tosubstitute the following:

The applicant must file the statementof corporate purposes from its articles ofincorporation.

The Commission stated that it hasfound that the information currentlyrequired in paragraph (a) is notnecessary for the processing of asecurities application. A statement ofcorporate purposes will provide theinformation necessary without the needfor applications to include the entirecorporate charter or articles ofincorporation. No one commented onthe proposed change to Exhibit A; wewill adopt the change as proposed.

b. Sections 34.4 (c) and (d), ExhibitsC, D and E. The Commission proposedto delete paragraph (c), and toredesignate paragraphs (d) and (e) asparagraphs (c) and (d), respectively. TheCommission also proposed to revisenewly-designated paragraphs (c) and (d)and to add a new paragraph (e).

The Commission noted that currentparagraph (c) requires a statement ofcontrol over the utility by firms issuingsecurities or supplying electrical

equipment and that the Commission canobtain this information from otherexisting sources.

The NOPR proposed that the newly-designated and revised paragraphs (c)and (d) would require that a balancesheet and income statement besubmitted for the twelve-month periodending with the most recent calendarquarter. New paragraph (e) wouldrequire the submission of a four-columnStatement of Cash Flows and InterestCoverage, containing data on an actualbasis for the same twelve-month period,and on a pro-forma basis for each of thenext two succeeding 12-month periods.

The Commission proposed thesechanges to facilitate the preparation offinancial statements to be submitted aspart of the application because theutilities already prepare quarterlyfinancial statements and may use suchstatements as the basis for theinformation required to be submitted.The Commission expected that theaddition of the statement of cash flowsand interest coverage would facilitatethe processing of applications underPart 34.

Baltimore Gas & Electric andConsumers Power suggest that wechange the proposed regulations toallow for the submission, for Exhibits C,D, and E, of financial statements forperiods other than those ending withthe latest calendar quarter, if suchstatements are the latest availablestatements. We agree with thissuggestion and will, in large part, adoptit. We recognize that financialstatements other than for the latestcalendar year quarter may be available,and we will revise the proposedlanguage to require the filing offinancial statements for the most recent12-month period, provided that theperiod ended no more than 4 monthsprior to the date of the filing of theapplication.

Consumers Power suggests that weallow utilities to present their financialstatements to us in the format requiredby the Securities and ExchangeCommission (SEC). We will not adoptthis suggestion. The Commission’sinformation needs are different than theinformation needs of the SEC. The useof information prepared in a SEC formatpresents problems from a number ofperspectives: for instance, theconsolidation of certain majority-ownedsubsidiaries, the aggregation of detailedfinancial information and the use ofdifferent reporting standards.Information reported to the SEC mayinclude the utility and certainconsolidated, majority-ownedsubsidiary companies. As a result, thefinancial statements would include

mixtures of financial information on theregulated utility and the consolidated,majority-owned subsidiaries, as if itwere financial information of the utility.The Income Statement would not,therefore, present the utility’s stand-alone results of operations. Further,information reported to the SEC isaggregated in a summary fashionwithout the detailed financialinformation presented on a basisconsistent with the classifications in theUniform System of Accounts. (Forinstance, the Commission requires thataccumulated deferred income taxes beclassified among four accountsdepending on the type of the deferral;the SEC, however, allows deferredincome taxes to be netted in a singleamount.) Another area of concern is thereliance upon different reportingstandards. For instance, the SEC allowscurrently maturing long-term debt to beclassified as a current liability; theCommission requires that long-termdebt, regardless of the maturity, to beclassified as long-term debt until retired.We have configured our informationformats, which include FERC Form No.1, to meet our regulatoryresponsibilities. Utilities reporting to usmust submit their information to us ina form more suited to our needs.10

Accordingly, we will continue torequire that utilities prepare therequired financial statements consistentwith this Commission’s FERC Form No.1 and Uniform System of Accounts.

Baltimore Gas & Electric, ConsumersPower, EEI, Pennsylvania P&L, GulfStates, Texas-New Mexico and UtiliCorpobject to the submission of the proposedprojected cash flow statement in ExhibitE. These commenters assert that theseforecasts are unreliable and that thefiling of such information would exposeutilities to potential liability. They alsonote that the SEC allows but does notrequire the filing of projected financialstatements. Pennsylvania P&L suggeststhat we change proposed Exhibit E byadding a line entitled either ‘‘InterestCoverage’’ or ‘‘Times Interest Earned’’ toprovide a location for the coverage ratio.

We agree with these comments. Wewill delete the requirement for theprojected cash flow statement. We willalso revise Exhibit E, Statement of CashFlows and Interest Coverage, to requirethe submission of a Statement of CashFlows in the form prescribed in theFERC Form No. 1, followed by theinterest coverage calculation asproposed in the NOPR. Adoption of the


11 The commenters are Baltimore Gas & Electric,Consumers Power, Detroit Edison, EEI, Gulf States.

FERC Form No. 1 format will relieveutilities of the necessity of compilingdata in a format that has limitedapplicability. Further, utilities may beable to use the Statement as included inthe FERC Form No. 1, depending uponthe timing of the filings, thus furtherreducing the burden of compliance.

The final rule clarifies the interestcoverage calculation worksheet requiredin Exhibit E by adding a line entitled‘‘Interest Coverage’’ as suggested and a‘‘division’’ sign at the end of the lineentitled ‘‘Total Interest Expense’’ and an‘‘equals’’ sign at the end of the lineentitled ‘‘Income Before Interest andIncome Taxes.’’

c. Sections 34.4 (g) and (h), ExhibitsG and H. The NOPR proposed todelete paragraphs (g) and (h). TheCommission noted that the informationcurrently required by § 34.4(g) isdirected toward competitively-bidsecurities placements, which theCommission intends that its regulationsshould no longer require. The pre-issuance filing contemplated by§ 34.4(h) will no longer be necessary,since the Commission intends toauthorize applicants to issue securitiesunder conditions specified underproposed § 34.2. The Commissionpointed out that it will, therefore, onlybe necessary that applicants provide theCommission with a report of theirsecurities issuances after the fact underthe provisions of existing § 131.43 andrevised § 131.50.

No one commented on the proposedchanges to Exhibits G and H; we willadopt those changes as proposed.

6. § 34.10—ReportsIn the NOPR, the Commission

proposed to revise its rules to requireapplicants to file reports under § 131.43and § 131.50 no later than 30 days afterthe sale or placement of long-term debtor equity securities or the entry intoguarantees or assumptions of liabilities.The Commission has received nocomments regarding this proposal andwill adopt it unchanged.

7. § 34.11—Unopposed Applications toIssue Securities and/or AssumeLiabilities

In the NOPR, the Commissionproposed to revise part 34 by adding anew § 34.11 to provide for authorizationof unopposed applications forauthorization of the issuance ofsecurities or assumption of liabilitiesupon the terms and conditions and forthe purposes set forth in the applicationunless, within 90 days after the date ofthe application, the Commission issuesan order delaying the effectiveness ofthe transaction, setting the matter for

hearing or taking other action. TheNOPR proposed the rule in order toeliminate needless regulation and aidthe processing of unopposedapplications, while preserving the rightof interested parties to oppose theapplications.

Baltimore Gas & Electric, ConsumersPower, Detroit Edison, EEI, Gulf Statesand Utilicorp commented on theproposed 90-day period for automaticapproval of security issuances (i.e.,without Commission action). Severalcommenters 11 suggested differentperiods—30, 45 or 60 days after the dateof the application, or 15 days afterpublication of the notice. Utilicorpnoted that the proposal more thandoubled the time presently taken toprocess most applications. Utilicorpalso noted that, if the Commissionadopts an automatic mechanism for theprocessing of these applications,utilities will have to obtain writtenassurances for their lenders that theCommission has a ‘‘self executing’’ rule,provide copies of the rule to the lendersand then provide a ‘‘date stamped’’ copyof the filing made with the Commission.The utilities would then have to provethat no one had protested theirapplications and that the Commissiondid not issue an order within the 90-dayperiod that would preclude theautomatic issuance.

Utilicorp’s comments concerning anautomatic approval mechanism are welltaken. Utilities and their lenders rely onthe certainty that a Commission orderconfers. The proposed automaticapproval would introduce an element ofuncertainty into the approval processand place a greater burden upon utilitiesto provide adequate assurances to theirlenders. At this juncture, we believe theuncertainty and the concomitant burdenupon lenders and utilities outweigh thetime and resources that the Commissionwould save in preparing and issuingorders. Accordingly, we will not adoptthe proposed automatic approvalmechanism.

8. Part 131—FormsSection 131.50. The NOPR proposed

to rename § 131.50 to read ‘‘Report ofproposals received.’’ The NOPR alsoproposed to delete the current languageof § 131.50 and to revise the language of§ 131.50 to read as follows:

Section 131.50 Report of ProposalsReceived. No later than 30 days after thesale or placement of long-term debt orequity securities or the entry intoguarantees or assumptions of liabilities(collectively referred to as ‘‘placement’’)

pursuant to authority granted under part34, the applicant shall file a summary ofeach proposal received for theplacement. Each proposal accepted shallbe indicated. The information to be filedshall include:

(a) Par or stated value of securities;(b) Number of units (shares of stock,

number of bonds) issued;(c) Total dollar value of the issue;(d) Life of the securities, including

maximum life and average life ofsinking fund issues;

(e) Dividend or interest rate;(f) Call provisions;(g) Sinking fund provisions;(h) Offering price;(i) Discount or premium;(j) Commission or underwriter’s

spread;(k) Net proceeds to company for each

unit of security and for the total issue;(l) Net cost to the company for

securities with a stated interest ordividend rate.

The revision of this regulationrepresents a reclassification ofinformation previously reported asExhibit H under § 34.4. The NOPR notedthat this information is necessary toanalyze compliance with theCommission’s regulations and ordersauthorizing placement. No onecommented on this proposed revision,and we will adopt it.

C. Part 35—Filing of Rate Schedules

1. Sections 35.13(a)(2)(i) (A) and (B)—Rate Increases of Less Than $200,000,Regardless of Customer Consent, andRate Increases Below $1,000,000, withCustomer Consent

The Proposed Rule. The NOPRproposed revising the abbreviated filingrequirements of §§ 35.13(a)(2)(i)(A) and(B), involving certain rate increases ofless than $200,000, regardless ofcustomer consent, and rate increasesbelow $1,000,000, with customerconsent. The revised sections wouldrequire public utilities filing relativelysmall rate increases for requirementsservices to submit more informationthan the regulations currently require.This new information would include,inter alia, a cost of service analysis foran historical test year, a completederivation of all allocation factors andspecial assignments, and a completecalculation of revenues for the testperiod and for the first twelve monthsafter the proposed effective date. TheCommission’s preliminary view wasthat the proposed filing requirementswould allow the Commission to processthese applications more efficiently andwould eliminate unnecessarilyprotracted proceedings (including, e.g.,


12 Arizona Public Service, Atlantic Electric,Baltimore Gas & Electric, Delmarva, LILCO, NEP,Pennsylvania P&L, Southern Companies.

13 E.g., Delmarva, Detroit Edison, NEP.14 Some commenters infer that a large number and

variety of filings would be subject to the new rules.EEI asserts that the changed regulations wouldgreatly increase the regulatory burden of allapplicants, while saving time and effort in only asmall number of cases. Some commenters concludethat the Commission proposed to modify theabbreviated filing requirements for coordinationrates. Commenters such as NEP and SouthernCompanies focus on the increased filingrequirements for small rate increases.

15 EEI and several other commenters infer that theCommission is now requiring companies to submitStatements AA through BM. Detroit Edison arguesthat it would be burdensome and expensive to

calculate thirteen-month average plant balances,and Southern Companies interprets the proposedregulations to require the use of end-of-yearbalances instead of thirteen-month averages.

16 In most but not all cases, rates developed undera net plant approach are customer-specific, in thatcosts are first allocated to each wholesale customergroup based on the demand and energy loads itimposes on the company, after which customergroup-specific rates are developed based on thecustomer group’s projected billing determinants.See generally Southern Company Services, Inc., 61FERC ¶ 61,339 at 62,337–38 (1992), reh’g denied, 63FERC ¶ 61,217 (1993), appeal pending, No. 93–1165(D.C. Cir. filed Feb. 11, 1993).

17 Narrative statements should address the ratedesign and allocation factors employed in the filing,explain all pro forma adjustments to test perioddata, and describe specific costs or rate componentsthat are drawn from retail rate decisions.

extensive discovery in proceedings setfor trial-type hearing) that areattributable solely to the fact that theexisting filing requirements for theseapplications require insufficient datafrom which to determine whether theproposed rates are cost-justified.

The NOPR also proposed to affordfiling utilities an opportunity to fileadditional cost data and supportingtestimony in the event that theCommission suspends the proposed rateincrease and orders a hearing.

The NOPR retained the existingabbreviated filing requirements forshort-term and non-firm coordinationsales rates in § 35.13(a)(2)(ii).

The NOPR also proposed to revise§ 35.13(h)(24) to require that companiessubmit Statement AX (other recent andpending rate changes) only if theproposed rate design tracks retail rates.This proposed change was intended tostreamline the public utility’s ratepresentation and expedite Commissionreview by eliminating submission ofinformation not generally needed forCommission review.

Comments: Several commenters 12

express concern that the proposedregulations will increase the time andcosts associated with preparing ratefilings, and thereby discourage utilitiesfrom entering into small transactions forthe sale or transmission of power, whichwill in turn result in a less competitivebulk power market.

Many commenters also expressconcerns or uncertainty about thenumber and variety of filings subject tothe proposed regulations.13 Thecommenters recommend that theCommission narrowly define the classof rate filings subjects to the proposedrule to include only those filings forwhich the Commission must haveadditional information to properly andexpeditiously perform its duties underthe FPA.14

Other commenters express the viewthat the new filing requirements arevague.15 EEI recommends that the

regulations state with greater specificitythe information that public utilitiesmust file.

With respect to filings based on retailrate decisions, NYSEG asserts that it isunclear what calculations would have tobe provided to show how all retail ratetreatments are factored into the cost ofservice. If the Commission changes theabbreviated filing requirements, NYSEGrequests that the Commission clarify itsspecific requirements regardinginformation to be provided for filingsbased on retail rates.

The Commission’s Response: Weagree with the commenters that theCommission should attempt tominimize regulatory burdens andimprove the flexibility accorded publicutilities covered by its rules. However,contrary to the statements of manycommenters, the proposed regulationsdo not change the abbreviated filingrequirements for most proposed rateincreases. Neither do the proposedregulations require companies to filecomprehensive cost of servicestatements (Statements AA–BM).Rather, the proposed regulations requireonly that a company that files a smallrate increase for non-coordinationservices support the calculations itmakes, explain why it makes thosecalculations, and show the revenueimpact of the proposed rates on itscustomers.

Based on concerns expressed,however, we will make several changesto the proposed regulations to moreclearly define the class of filings subjectto the rule and the information thatmust be submitted in order for theCommission to perform its preliminaryanalyses of small, non-coordinationfilings. Finally, the Commissionreiterates that any company may requestwaiver of the filing requirements forgood cause.

Filings Covered by the Rule: Many ofthe commenters express uncertaintyconcerning the types of rate increasefilings that are affected by the proposedregulations.

We agree with the commenters thatthe Commission should more clearlydefine the class of filings subject to thenew rule. The Commission’s intent is tocreate a new, abbreviated filing optionfor small increases in rates for non-coordination, firm power andtransmission services, particularly smallrequirements rate increase filings thatare based on a fully distributed cost ofservice analysis (sometimes known as a

‘‘net plant’’ cost of service).16 TheCommission will revise the regulationsto identify the class of filings covered bynew § 35.13(a)(2)(i) as power ortransmission services that are: (1) notcovered by the filing requirements of§ 35.13(a)(2)(ii); and (2) for which therate increase being sought is less than$200,000 (without customer consent) orless than $1 million (with customerconsent).

We will also change our regulations topermit utilities to file under§ 35.13(a)(2)(ii) rate increases, withoutregard to the size of the proposedincrease, for firm coordination andinterchange services.

Filing Requirements: EEI maintainsthat if the Commission decides to adoptnew filing requirements for small rateincreases, then greater clarity andspecificity in the filing requirements isneeded to avoid confusion and errors inresponding to the changes. We agree.However, we disagree with EEI that theCommission should or must explain, atthe level of detail used in the current§ 35.13(h), what is expected. Suchspecificity would unduly increase theregulatory burden on most utilities thatfile under this subparagraph. To meetEEI’s concerns and those of othercommenters, we will make thefollowing changes.

First, the final rule provides that filingutilities should submit cost of service,allocation, revenue, fuel clause and ratedesign data that are ‘‘consistent with therequirements’’ of other paragraphs ofpart 35 that require similar information.The final rule also requires filingutilities to explain in narrative formhow and why various calculations aremade to develop the proposed rates.17

Second, the NOPR proposed to make§ 35.13(a)(2)(i) mandatory rather thanoptional, thereby precluding utilitiesfrom electing to file comprehensivePeriod I statements, as allowed under§ 35.13(a)(1). The revised regulationmakes clear that the filing utility mayelect to file under either paragraph.

Third, the revised regulation clarifiesthe two-stage filing process proposed inthe NOPR. A utility that elects to file


18 It is § 35.13(a)(2)(iii)(B) in the proposedregulations.

19 Eliminating Unnecessary Regulation, Order No.541, 57 FR 21730 (May 22, 1992), III FERC Stats.& Regs. ¶ 30,943 (1992).

20 See, e.g., General Motors Corp. v. FERC, 656F.2d 791 (D.C. Cir. 1981); Citizens for AlleganCounty, Inc. v. Federal Power Commission, 414F.2d 1125 (D.C. Cir. 1969).

21 16 U.S.C. 796(17)–(23), 824a–3.

under revised § 35.13(a)(2)(i) need notsubmit a comprehensive filing when itmakes its initial submittal, but it mustsupport all calculations that are notderived directly from Form 1, andexplain how it has functionalized,classified and allocated its costs. Shouldthe Commission set the proposedincrease for hearing, the filing utilitywill be afforded a reasonableopportunity to file testimony andexhibits to fully support thereasonableness of its proposed rates.This approach minimizes regulatoryburdens while allowing the applicant tobalance the expense of preparing acomprehensive filing versus the risk ofnot initially sustaining its burden ofproof with an abbreviated filing.

Fourth, the NOPR used the terms‘‘historical test year’’ and ‘‘test period’’interchangeably and without referenceto the definition of Period I applicableto other paragraphs of § 35.13. Therevised regulation adds a definition for‘‘Test Period,’’ deletes references to the‘‘historical test year’’ and provides thatutilities that file under thissubparagraph must use as the testperiod the most recent calendar year forwhich actual data are available. Utilitiesthat elect to use a non-calendar year testperiod must file rate increases under§ 35.13(d).

The Commission notes that proposed§ 35.13(a)(2)(i) inadvertently eliminatedthe requirement that utilities submit ratedesign information and the generalinformation now required for allabbreviated rate change filings. Thefinal rule requires submission of thegeneral information specified inparagraphs (b), (c)(2) and (c)(3) of§ 35.13 and in § 35.12(b)(2), while theinformation required by § 35.13(c)(1),§ 35.12(b)(5) and § 35.13(h)(37) iselicited as part of the revenue data,allocation data and rate designinformation requirements.

The final rule also requires that filingsunder §§ 35.13(a)(2) (i) and (ii) complywith Commission precedent and policy.

2. Other Changes to § 35.13

The Commission will eliminate§ 35.13(a)(2)(ii)(B) of the proposedregulations 18 and make correspondingeditorial changes to § 35.13(a)(2)(iii)(A).Section 35.13(a)(2)(ii)(B) cross-references rate decrease filings madeunder § 35.27 pursuant to the 1987reduction in federal corporate incometax rates under the Tax Reform Act of1986. However, § 35.27 was eliminated

in a previous rulemaking.19 Therefore,this section is now superfluous.

A cross-reference to § 35.13(a)(2)(ii)has been added to § 35.13(d)(1),mirroring the existing reference tosubparagraph (a)(2)(i). In addition,existing paragraph (d)(1), as printed inthe 1994 Code of Federal Regulations,omits the word ‘‘this’’ prior to ‘‘section’’as shown by brackets in the text below:

(d) Cost of service information—(1)Filing of Period I data. Any utility thatis required under Section (a)(1) of [ ]section to submit cost of serviceinformation * * * The final rulecorrects these omissions.

D. Part 41—Accounts, Records andMemoranda: Sections 41.3 and 41.7

In the NOPR the Commissionproposed to change its regulations toprovide that if a utility consents to amatter’s being handled under theshortened procedure under § 41.3, thatutility has waived any right tosubsequently request a hearing under§ 41.7 and may not later request such ahearing. The Commission also re-statedits policy that it will not assignproceedings for hearings when there areno material facts in dispute.

Baltimore Gas & Electric, Duke Power,EEI and Southern Companiescommented on this proposed change.Baltimore Gas & Electric recognizes thatthe proposed change would eliminateredundancy in the Commission’sregulations and supports the proposedchange. Duke Power and EEI argue that,rather than streamlining theCommission’s procedures, the proposedchange will encourage utilities tocontest more issues under § 41.7 inorder to preserve the right to a fullhearing.

We disagree. Persons subject to theCommission’s accounting requirementshave the right of election under theCommission’s procedures and, under§ 41.7, have a right to seek a hearing onany issue that they wish to contest. Theproposed change in the Commission’sregulations would merely prevent suchpersons from changing their minds inmid-proceeding and deciding to contestan issue that they had previouslyrecognized involved no disputed issueof material fact. We do not think thatrequiring persons to make their electionof procedure at the outset of aproceeding will necessarily lead to morehearings. Rather, it will more likelyreduce the number of hearings, becausepublic utilities will no longer have theelection to bring to hearing an issue that

they had previously considered not tobe worthy of a hearing.

Southern Companies challenges theCommission’s reiteration of its policythat it will not assign proceedings forhearings where no material facts are indispute. Southern Companies fears thatthe Commission may use this policy todeprive a person of the due processright to a hearing. Southern Companies’concern is misplaced. The proposedchange will not deprive anyone of theright to a trial-type evidentiary hearingwhen such a hearing is warranted.However, as Southern Companiesrecognizes, a trial-type evidentiaryhearing is not necessary if no materialfacts are in dispute.20

E. Proposed Procedural Modificationsand Revised Definitions Under Part292—Regulations Under Sections 201and 210 of the Public Utility RegulatoryPolicies Act of 1978 (PURPA) 21 WithRegard to Small Power Production andCogeneration

The Commission is revising andclarifying its procedural and technicalrules to reflect its experience with thequalifying facilities (QF) program. Byadopting these clarifying changes, theCommission is satisfying its continuingPURPA obligation to review its policiesand rules that encourage cogenerationand small power production, energyconservation, efficient use of facilitiesand resources by electric utilities andequitable rates for electric consumers.

1. Administration of the 90-DayCertification Period

When an applicant files anapplication for Commission certificationof qualifying status with the Secretaryunder § 292.207 of the Commission’sregulations, § 292.207(b)(5) providesthat within 90 days of the filing of anapplication the Commission will issuean order granting or denying theapplication, setting the matter forhearing, or ‘‘tolling’’ the time forissuance of an order. In the NOPR, theCommission noted some confusion onthe part of many applicants as to whenthe 90-day period starts. TheCommission proposed to codify itspractice by revising § 292.207(b)(3)(ii) toprovide that the 90-day period forissuance of an order granting or denyingan application for Commissioncertification of the qualifying status of afacility does not begin until an applicanthas submitted all the information


22 Some commenters advocate an initial periodending 10 to 30 days after the filing of theapplication, after which the application would betreated as complete and no notification of adeficiency could be made. Some commentersfurther suggest that the number of deficiencyinquiries be limited to two. NEP also suggests thata copy of the deficiency letter be served on theutilities with which the QF is expected to deal.

American Cogen, American Forest and Paper,American Iron and Steel, Electric GenerationAssociation, Independent Energy Producers,SDG&E, Tenaska, and Texaco express concern thatrepeated requests for additional information by theCommission’s staff have the effect of extending theprocess indefinitely. These commenters suggest thatthe Commission treat an application forCommission certification as automatically completewhen a completed Form 556 has been filed and/orthe application is otherwise literally responsive tothe Commission’s regulations.

23 Atlantic Electric and EEI want the Commissionto issue notices of all responses to deficiencyinquiries. Electric Generation Association alsoproposes that the Commission delete the referenceto the Commission’s tolling the time for issuance ofan order. Electric Generation Association contendsthat tolling has caused unnecessary delay in theprocessing of applications and that the only basisfor tolling the operation of the 90-day period shouldbe an incomplete application. As noted above, inthis regard, proposed § 292.207(b)(3)(i) merelycorresponds to the Commission’s existing 90-dayaction regulation at § 292.207(b)(5). ElectricGeneration Association’s tolling policy proposal isoutside the scope of the instant proceeding.

24 This is also consistent with the Commission’spolicy applicable to electric rate filings of notproviding a maximum period (within the 60-daystatutory review period) for considering thesufficiency of the application. Regarding the 60-daystatutory review period, see Duke Power Company,57 FERC ¶ 61,215 at 61,713 (1991); see alsoSouthern Company Services, Inc., 60 FERC ¶ 61,297at 61,065–66 & n.12 (1992), aff’d sub nom. AlabamaPower Company v. FERC, 22 F.3d 270 (11th Cir.1994) (any amendment or supplemental filingestablishes a new filing date for the filing inquestion).

The steps the Commission has taken elsewhere inthis proceeding to improve the QF applicationprocess, through clarifications and theestablishment of step-by-step procedures to followin Form 556, should result in more completeapplications being filed in the first place. However,in the end, the speed with which the Commissionprocesses an application depends, in addition tostaff availability, primarily on the quality of thesubmittal, its complexity, its novelty, whether it isopposed, and the response time of the applicant toany information inquiries.

25 In uncontested proceedings, staff informallyrequests additional information by telephone inorder to speed the processing of an application. Incontested applications, staff must resort to formaldeficiency letters to obtain additional information.

26 The Commission will continue to noticeresponses to deficiencies in the Federal Register.

27 Among other comments, SDG&E asserts that itis reasonable, in the absence of Commission review,to require greater specificity as to what the affidavitand notice of self-certification should pertain to.SDG&E also suggests that an affidavit requirementimplies that a prior self-certification submittedwithout an affidavit is of dubious legal value.Electric Generation Association maintains that thereis no reason to require an affidavit, since even aCommission determination on qualifying status isconsidered void if it is based on erroneous facts.Electric Generation Association further contendsthat the current regulations do not suggest that anotice of self-certification signed by an officer orpartner of the developer is less trustworthy or lesslegally binding than a Commission certification ofqualifying status. NEP observes that an affidavitwill underscore the importance to the owner oroperator of accurately describing its facility. TheCPUC suggests that, in fairness to all interestedparties, including the signatory to the affidavit, theCommission should set forth more clearly thecontents of the notice of self-certification.

28 Ridgewood observes that it is disputes aboutthe interpretation of the Commission’s regulationsby lenders, state commissions and utilities thathave prevented greater reliance on the existing self-certification process.

29 Florida P&L observes that a utility, beforeseriously undertaking any negotiations forintegrating a QF into the utility’s system, needssomething more concrete than a notice of self-certification with an affidavit. Niagara Mohawkproposes that a notice of self-certification describehow a facility meets the QF criteria.

30 Southern California Edison notes that theaffidavit does not provide ongoing assurance that afacility will continue to meet the QF criteria. In thisregard, Florida P&L suggests that the Commissionadopt a standardized annual or biennial affidavitreporting requirement. Niagara Mohawk alsoproposes that the Commission allow a utility toperiodically inspect the QF’s operations. These

Continued

necessary to complete the application,along with the appropriate filing fee.

Comments: Tenaska contends that theproposed clarification perpetuatesuncertainty, since there is no provisionto notify an applicant when theCommission considers the filingcomplete. Electric GenerationAssociation points out that, without anexplicitly announced beginning pointfor each application, no party can knowwhen, if ever, the 90-day period willexpire. It suggests that setting a cleardate for determining when theCommission deems an applicationcomplete would be consistent with the60-day ‘‘deficiency’’ notification processfor electric rate filings under § 35.2(c) ofthe Commission’s regulations.Independent Energy Producers suggeststhat the Commission establish amaximum period for staff to send to anapplicant any questions regarding theapplication.22

SDG&E suggests that theCommission’s Federal Register notice ofeach supplemental filing that respondsto a staff inquiry identify the project, itslocation, when the Commission deemsthe application complete, when theCommission will issue a decision ortolling order on the application, orwhen the Commission will deem theapplication granted by virtue of thepassage of time.23

Commission Response: While theCommission intends to process apending application for Commissioncertification of qualifying status as

rapidly as possible, the Commissionwill not further restrict its ability toevaluate such applications by providinga maximum period for considering thesufficiency of the application.24

Likewise, the Commission will notadopt the practice of formally notifyingan applicant with respect to deficienciesby a date certain; 25 nor will theCommission indicate by notice in theFederal Register when a filing iscomplete.26

However, the Commission will amendits regulations to provide that theCommission will act within 90 days ofthe filing of the application, or, if theapplication is supplemented oramended, within 90 days of the filing ofthe supplement or amendment.Commission action may include findingthe application deficient, granting ordenying the application, or tolling thetime for action.

2. Improvements to the Self-Certification Process

In the NOPR, the Commissionproposed to amend § 292.207(a)(1) torequire that notices of self-certificationbe in the form of an affidavit signed bythe facility’s owner, operator orauthorized representative. TheCommission’s intention was to provideinterested financing institutions, electricutilities and state regulatory authoritieswith greater assurance that a self-certified cogeneration or small powerproduction facility conforms to theCommission’s ownership and technicalcriteria. The NOPR also proposed that aself-certifying facility provide a copy ofits notice of self-certification to the

utility with which the cogenerator orsmall power producer intends to deal.These proposed revisions were intendedto reduce reliance on the alternativeprocess through which the cogeneratoror small power producer submits anapplication for Commission certificationaccompanied by a filing fee.

Comments: Southern Companiesmaintains that, in order for lenders andinvestors to derive comfort from theaffidavit requirement, the Commissionmust ensure that a notice of self-certification with an affidavit is accurateand reliable.27 SDG&E suggests that thereason that more facilities have nottaken advantage of the self-certificationprocess is that the process isinadequate.28 SDG&E does not thinkthat an affidavit is sufficient to providethe requisite level of comfort to lendersand to utilities with which the self-certifying facilities intend to interact.29

SDG&E points out that even under theproposed self-certification procedure,there is no substantive informationrequirement, no guarantee thatsubmittals will contain the minimuminformation required, and noexpectation that any party or theCommission will ensure that a self-certified facility meets the QF criteria.30


monitoring proposals are outside the scope of theinstant rulemaking proceeding.

31 American Forest and Paper maintains that theaffected utility also will likely continue to want aCommission certification. Tenaska predicts thatlenders will not rely on an affidavit, as long as thealternative, Commission certification process isavailable. AGA and Utilicorp state that lenders willnot assume the risk to finance QF projects that donot undergo a full Commission certificationprocess.

32 Atlantic Electric and EEI also favor arequirement to include Form 556 information.SDG&E contends that, contrary to what theCommission had anticipated when it issued itsexisting QF regulations, there has not always beena free flow of information between utilities andpotential QFs.

SDG&E also maintains that a utility which doesnot believe that a self-certified facility is qualifieddoes not have to purchase the electrical output fromthe facility.

33 Curran, Corbett & Stiles asks the Commissionto state that a notice of self-certification constitutesprima facie evidence that the facility is a QF.Curran, Corbett & Stiles also suggests that theCommission either indicate that the applicationconforms to the requirements of § 292.203 or,within a certain time period, issue a specific findingto the contrary. American Cogen and ElectricalGeneration Association suggest that theCommission reinforce the self-certification processby stating in the preamble to this rule and/or in§ 292.207 that self-certification has the equivalentlegal effect of a Commission certification.Independent Energy Producers suggests that theCommission delineate what situations call forCommission certification, in order to convincelenders to rely more on self-certification.

34 Florida P&L notes that the Commission’scurrent regulations at § 292.207(c)(1) require that acogenerator or small power producer that choosesto self-certify must provide the electric utilitypurchaser with at least 90 days’ advance notice ofthe transaction.

35 Detroit Edison suggests that a notice of self-certification include a notice, suitable forpublication in the Federal Register, that sets out thepertinent data regarding the application. DetroitEdison submits that publication of such a noticewould allow interested parties to bring errors in theapplication to the Commission’s attention. DetroitEdison also suggests that the applicant provide theappropriate state commission and the affectedutility with a copy of any notice of self-certification,or application for Commission certification orrecertification filed with the Commission.Similarly, Atlantic Electric, Arizona Public Service,EEI, Florida P&L, LILCO, NEP and SDG&E suggestthat either the Commission or the applicant appriseaffected parties (including the regulatorycommission of each state where the QF and theaffected utility is located) of any QF submittal orany Commission deficiency letter, through FederalRegister notice and/or by sending each a copy ofthe document.

36 Affected state commissions are the regulatorycommissions of the states where the QF and anyaffected electric utilities are located. An affectedutility is an electric utility to which the QF intendsto interconnect, transmit and sell electric energy, orfrom which the QF intends to purchasesupplementary, standby, back-up or maintenancepower.

Similarly, Curran, Corbett & Stilessubmits that, since the proposed self-certification process will continue toinvolve nothing more than file-stampinga submittal, lenders, governmentagencies and utilities will continue todemand proof of qualifying status forloan approvals and other crucialtransactions, and cogenerators and smallpower producers will continue to applyfor Commission certification.31

SDG&E suggests that the self-certification process would be moremeaningful if it were more like the fullCommission certification process.SDG&E urges the Commission to requirethat a notice of self-certificationincorporate the Form 556 information asthe Commission has proposed forapplications for Commissioncertification.32 SDG&E also asks theCommission to amend § 292.207 toprovide that, unless a person files anobjection with the Commission within90 days, the utility must meet its QFobligations under § 292.303.33

Arizona Public Service and SDG&Esuggest that the Commission requireself-certifying cogenerators and smallpower producers to provide copies oftheir submittals to electric utilities (a)with which they intend to interconnectfor the purpose of transmitting andselling electric power; and (b) fromwhich they intend to purchasesupplementary, standby, backup and

maintenance power.34 Arizona PublicService also suggests that self-certifyingcogeneration and small powerproducers specify their anticipatedservice needs so that utilities may betterplan and prepare their local and systemfacilities, and obtain any necessaryregulatory approvals.35

Commission Response: As thecommenters observe, some lenders,regulators and utilities appear to havebeen unwilling to rely on the self-certification process because they didnot think that the process providedthem with sufficient information toindependently verify the qualifyingstatus of the subject facility. Many of thecommenters have argued that simplyadding an affidavit to the notice of self-certification would not instill enoughconfidence to make the self-certificationprocess more authoritative.

The Commission continues to believethat self-certification should be retainedas an option; it is unnecessary toconduct a full review of each facility,even in instances where outside lendersand investors will be involved.However, in consideration of thevarious comments, and in recognition ofthe various other clarifications beingmade in this final rule, the Commissionwill not adopt the proposed affidavitrequirement. Instead, the Commissionwill modify the self-certification processto: (a) Incorporate the Form 556information requirement that theCommission is also adopting forapplications for Commissioncertification; and (b) require thatcogenerators and small power producersprovide copies of the notice of self-certification to each affected statecommission and to each affected electric

utility.36 The self-certifying cogeneratoror small power producer must alsospecify the utility services that itintends to request (see item 3b of Form556).

If electric utilities do not agree that anotice of self-certification is valid, theymay challenge QF status by filing apetition for a declaratory order. Iflenders, etc. are not convinced, theywill continue to require that thepotential QF facility obtain Commissioncertification of QF status beforefinancing a project.

The formal completion andsubmission of Form 556 to demonstratethat a facility conforms with theCommission’s QF criteria will notconstitute a substantive burden on thoseselecting the self-certification process. Acogenerator or small power producersubmitting a notice of self-certificationunder the current regulations alreadymust analyze the characteristics of itsfacility to determine whether it meetsthe Commission’s qualifying criteria.The completion of Form 556 will assistboth novice and experiencedcogenerators and small powerproducers. It will serve as a step-by-stepguide to determining whether aproposed facility qualifies forcertification. Many notices of self-certification recently filed with theCommission have incorporated similardocumentation.

Through the use of Form 556, the self-certification process will be similar tothe Commission certification process,because it will incorporate sufficientsubstantive information to allow anaffected commission or electric utility tochallenge the notice of self-certification.

The self-certification process willlargely remain a simple, quick andeconomical procedure. There willcontinue to be no Commission review orfiling fee, and the process shouldpromote discussions between self-certifying cogenerators or small powerproducers and the affected electricutilities and regulatory commissions.These discussions should provide theparties an opportunity to timely andinformally resolve any problems. Thefinal rule revises proposed§ 292.207(a)(1)(ii) accordingly.

3. Revocation of Qualifying Status

Proposed § 292.207(d)(1) providedthat the Commission may revoke the


37 The Commission’s regulations do not providefor revocation of a notice of self-certification. Otherentities (e.g., electric utilities) may: (1) Move forrevocation of a Commission certification of QFstatus; or (2) file a petition for a declaratory orderthat a self-certified or Commission-certified facilitydoes not comply with all applicable QFrequirements. See, e.g., UNIGAS Corp., 67 FERC¶ 61,142 (1994).

38 See, e.g., Sithe/Independence Power Partners,L.P., 61 FERC ¶ 61,212 at 61,786 (1992).

39 Under proposed § 292.207(d)(1) any personwith standing to do so may request the Commissionto revoke the qualifying status of a facility. SeeLiquid Carbonic Industries Corp. v. FERC, 29 F.3d697 (D.C. Cir. 1994) with regard to standing tocontest a QF certification.

40 The Commission proposed that if it approvesthe change(s), it would return the report stamped‘‘approved.’’ The proposed rule further providedthat if the Commission does not approve theproposed change(s), it would treat the report as afull § 292.207(b) filing and assess a filing fee.

41 NEP also suggests that applicants also providea copy of any filing under § 292.207(d)(2) to eachof the utilities with which the QF is expected totransact business.

qualifying status of a QF that it hascertified under § 292.207, if the facilityfails to comply with any of the facts orrepresentations that it presented in itsapplication for Commissioncertification.37 The NOPR furtherprovided that, before undertaking anysubstantial alteration or modification ofa qualifying facility that has beencertified under § 292.207, a small powerproducer or cogenerator may apply tothe Commission for a determination thatthe proposed alteration or modificationwill not result in a revocation ofqualifying status. The NOPR providedthat the small power producer orcogenerator should accompany theapplication for recertification withsupporting material, notice and a filingfee.

Comments: American Forest andPaper maintains that revocation ofqualifying status under proposed§ 292.207(d)(1) pertains only to materialfacts or representations, and even then,only to reliance on the Commission’sorder on qualifying status. It notes thatthe Commission has held on a numberof occasions that the failure of a facilityto operate in accordance with any of thefacts or representations presented in anapplication for Commission certificationdoes not necessarily affect thecontinued qualifying status of thefacility. Rather, the failure affects onlythe legal force of the Commission’scertification order that relied on thosefacts and representations.38

EEI reads proposed § 292.207(d)(1) asallowing any person to request that theCommission revoke the qualifying statusof a facility. NEP suggests that theowners of qualifying facilities shouldprovide filings under § 292.207(d)(2) tothe utilities with which theyinterconnect.

Finally, NYSEG and Niagara Mohawkargue that the Commission should makeit clear that a utility may deem a facilityto be ineligible for PURPA benefits evenif the Commission has not decertifiedthe facility. They reason that, if a noticeof self-certification is sufficient toqualify facilities for PURPA benefits,and Commission certification is notnecessary, then utilities should be ableto declare facilities ineligible for PURPAbenefits without any action on theCommission’s part. NYSEG and Niagara

Mohawk also suggest that theCommission amend § 292.207(d)(1) toprovide that, after gathering sufficientdata demonstrating that a facility is nota QF, a utility may file an affidavit tothat effect with the Commission.

Commission Response: TheCommission agrees with AmericanForest and Paper’s assessment of theconsequences of a facility’s failing tooperate as represented in thecogenerator’s or small power producer’sapplication for Commissioncertification. The Commission willamend proposed § 292.207(d)(1) to makeit clear that a facility may continue tobe qualified despite changedcircumstances, provided that the facilitycontinues to meet the qualifyingcriteria.39

The Commission will not requireowners of facilities to provide a copy ofa filing made under § 292.207(d)(2)directly to each utility that transactsbusiness with the facility because theCommission will publish notice of suchfilings in the Federal Register. The finalrule clarifies and revises § 292.207(d)(1)accordingly.

Regarding Niagara Mohawk andNYSEG’s argument that a utility maydeem a facility to be ineligible forPURPA benefits, we note that, inIndependent Energy ProducersAssociation, Inc. v. California PublicUtilities Commission, 36 F.3d 848 (9thCir. 1994), the court struck down, aspreempted by federal law, a CPUCprogram that allowed electric utilities tosuspend payment of contractually-authorized rates in favor of lower,alternative rates when QFs do not meetthe applicable operating and efficiencystandards. The court found that theCommission has exclusive authority todetermine whether a QF is incompliance with the applicableoperating and efficiency standards. Id.at 853–59. The court added that it is theCommission’s responsibility to decertifyQFs—not the state’s responsibility. Id. at855, 859. While the Commission maytake up this matter in the future, we willnot delay this proceeding in order toaddress it at this time.

4. Pre-Authorized RecertificationThe Commission proposed at

§ 292.207(a)(2) to provide forstreamlined Commission recertificationof certain minor changes to thosefacilities which the Commission hadalready accorded qualifying status

under § 292.207(b). The NOPR proposedthat a cogenerator or small powerproducer would simply report such achange in the form of a letter describingthe change in sufficient detail to enablethe Commission to readily determinethat the modification falls within thescope of a list of pre-approved minorchanges. A report of a pre-authorizedchange would not require a filing fee.40

Comments: Detroit Edison requeststhat the pre-authorized recertificationprocedure provide for notice in theFederal Register and/or service of theapplication for recertification upon eachaffected utility and state commission.Detroit Edison submits that this wouldprovide state commissions and utilitieswith information for system planningand would allow state commissions andutilities to bring to the Commission’sattention special circumstancesregarding a particular facility and/orfactual errors in an application forrecertification. EEI, Atlantic Electric andNEP also recommend publishing noticesof recertification in the Federal Registerand request that the Commission directcogenerators and small power producersto provide copies of the notice directlyto all affected parties.41

SDG&E would limit pre-authorizedchanges to those changes involvingname, installation or operation date, orchange to power generation equipment.It argues that, except for these changes,meaningful evaluation of a facility’scontinued adherence to theCommission’s standards cannot occurunless the owner or operator of thefacility supplies sufficient informationto conduct an analysis. Based on thisreasoning, SDG&E contends that theCommission should generally require acogenerator or a small power producerto apply for a Commissiondetermination under § 292.207(d)(2) thata change to its facility will not result inrevocation of qualifying status.Alternatively, SDG&E suggests that thecogenerator or small power producerprovide notice to the Commission of thechange in the form of an affidavit. Ineither case, SDG&E recommends thatthe cogenerator or small power producerprovide an updated Form 556 and acopy of the filing to each affected utility.

EEI contends that some of theproposed pre-authorized changes can


42 Southern California Edison notes that the CPUChas instructed utilities not to accept certainmodifications under existing power purchasecontracts in the absence of correspondingconcessions from the cogenerator or small powerproducer. Southern California Edison is concernedthat the Commission’s treatment will conflict withthe CPUC’s directive.

43 EEI observes that proposed § 292.207(a)(2)(i)limits reports of pre-authorized minor changes tothose QFs previously certified by the Commission,and that this seems to suggest that a self-certifiedfacility might be subject to revocation of qualifiedstatus as a consequence of the institution of similarminor changes. In addition, EEI states that§ 292.207(a)(2)(ii) is confusing because of itsreference to the term ‘‘application.’’ According toEEI, the term makes it appear to require that a§ 292.207(d)(2) filing, which pertains to a changethat will not result in the revocation of qualifyingstatus, is mandatory for a Commission certifiedfacility but discretionary for a self-certified facility.Yet, EEI argues, § 292.207(d)(2) seems to suggestthat a filing under that section is discretionary forall QFs.

44 We encourage applicants to describe suchownership changes with the aid of a corporaterelationship chart.

45 Because there is no efficiency standardapplicable to the use of other fuels by acogeneration facility, any change in the use of suchfuels also warrants pre-authorization.

46 See, e.g., Clarion Power Company (Clarion), 39FERC ¶ 61,317 (1987); Kern River CogenerationCompany, 31 FERC ¶ 61,183 (1985) (Kern River);Malacha Power Project, Inc. (Malacha), 41 FERC¶ 61,350 (1987); see also, Oxbow GeothermalCorporation, 67 FERC ¶ 61,193 (1994) (Oxbow)(granting recertification when the QF leased sparetransmission capacity to an adjacent QF anddisclaiming FPA jurisdiction over the lease).

have a significant effect on purchasingand wheeling utilities. EEI states, forexample, that a change in the maximumnet power production capacity of a QFcan affect utility obligations regardingthe amount of power to be purchasedand the amount of backup andmaintenance power that the utility mustprovide to the QF; that a locationchange can affect a utility’s point ofinterconnection with the QF, as well asa utility’s transmission and distributionsystem requirements; or that a change inthe QF’s fuel could affect the facility’sperformance and reliability.

Southern California Edison isconcerned that some of the proposedpre-authorized changes (i.e., changeswith regard to site, thermal load, fueluse, plant size, cogeneration thermalhost or prime-mover technology) mayresult in a new QF project and may havea significant effect on a contractingutility. It urges the Commission todelete these changes from theCommission’s list of automaticallyapproved, pre-certified changes.42

Southern Companies is concernedabout the effects that a change inlocation may have on utility planning,and on transmission and distributionsystems, in the absence of adequatenotice to the utility. Detroit Edisonpoints out that a change in location ofa QF may affect the local utility’s abilityto accommodate the facility, especiallysince the Commission’s pre-authorizedchange proposal seems to contemplatethat a QF may move from the serviceterritory of one utility to that of another,or even move from one state to another.

On the other hand, Tenaska suggeststhat the Commission’s list ofautomatically approved, pre-certifiedchanges should be even more expansive.It proposes that the Commission permita change in power generationequipment whenever there is nomaterial or substantial change incapacity or operating characteristics ofthe facility. Tenaska also urges that theCommission extend to coal, other fossilfuels, and waste the pre-authorizedchanges permitted for oil and naturalgas usage by a cogeneration facility.

American Cogen and ElectricGeneration Association proposeadditional pre-approvals: (a) Forchanges within an existing corporatestructure; (b) for changes in the equityinterests (to ensure that the facility

continues to comply with the ownershiprequirements of § 292.206); and (c) forchanges in the steam host that do notaffect levels of thermal output or theoperating and efficiency values of thefacility.

EEI recommends that the Commissionclarify that a self-certified cogenerator orsmall power producer also may file anotice of self-recertification with regardto the Commission’s pre-authorizedchanges and that such minor changeswill not result in a self-certifiedfacility’s losing its qualifying status.43

Commission Response: Inconsideration of the comments, theCommission will adopt the proposedrule with the modifications discussedbelow. The Commission will pre-authorize ownership changes within acorporate family that do not affect theultimate upstream derivative ownershipin the facility (§ 292.207(a)(2)(i)(A)).44

The Commission will also pre-authorizechanges in the steam host when there isno change in the thermal application orprocess (§ 292.207(a)(2)(i)(M)), andextend its pre-authorization of changesin oil and natural gas use by acogeneration facility to other fuels(§ 292.207(a)(2)(i)(E)).45

The Commission will not adopt EEI’ssuggestion that the Commission extendthe pre-authorized changes to the self-certification procedure. The Pre-authorized Commission recertificationprocedure is not available to a self-certified facility because, under self-certification, the owner or operator ofthe facility is free to report any change.

We are also deleting the proposedregulatory text which stated that theCommission would return thesesubmittals stamped ‘‘approved.’’ Thedeleted text is inconsistent with the newprocedure that pre-approves certaintypes of changes.

Finally, because of concerns about theeffect on utility planning and utility

systems, the Commission will requirethat cogenerators and small powerproducers provide affected utilities andstate commissions a copy of any reportof pre-authorized changes filed under§ 292.207(a)(2).

The Commission declines to adopt theCPUC’s proposal that it indicate whichmodifications the Commissionconsiders too fundamental to include ina list of pre-approved changes. Theintent of adopting a list of pre-authorized changes in the final rule isto authorize changes that are sufficientlyminor for purposes of QF status that itis unnecessary to obtain specificCommission approval each time suchchanges are made. If a change is notincluded on the list, then the pre-authorized change procedure cannot beused, and the cogenerator or smallpower producer must apply forrecertification or file a notice of self-recertification.

The final rule revises § 292.207(a)(2)accordingly.

5. Qualifying Transmission andInterconnection Equipment

The Commission proposed to amendthe definition of the term ‘‘qualifyingfacility’’ to include transmission lines,transformers and switchyards to reflectCommission precedent.46 As proposed,cogenerators, small power producersand utilities could use such equipmentonly to transmit qualifying power fromthe QF to the purchasing electric utilityand to transmit supplementary, standby,backup and maintenance power from anelectric utility to the QF.

Comments: NEP contends that ageneric rule that allows transmissionequipment to be a component of a QFis ill-advised. NEP and PennsylvaniaP&L suggest that the Commissionshould continue to consider this issueon a case-by-case basis. NEP isconcerned that, under a generic rule,electric utilities may find themselves inthe difficult situation of needing to tapinto QF transmission lines and obtainwheeling in order to serve load growthin their own service territories. NEP isalso concerned that the presence ofqualifying transmission facilities mightaffect: (a) A utility’s transmission anddistribution plans; (b) public safety; and(c) the environment.

Pennsylvania P&L is concerned thatcodification of the QF transmission line


47 This is Pennsylvania’s choice. Certificationdoes not exempt QFs from environmental sitingrequirements.

48 American Iron and Steel refers to PRI EnergySystems, Inc., (PRI Energy), 26 FERC ¶ 61,177(1984); Oxbow Geothermal Corporation, 36 FERC¶ 61,398 (1986); and Union Carbide Corp., 48 FERC¶ 61,130, reh’g denied, 49 FERC ¶ 61,209 (1989),affirmed sub nom., Gulf States Utilities Co. v. FERC,922 F.2d 873 (D.C. Cir. 1991) (Union Carbide).

49 See PRI Energy, supra, n.48.

50 See Oxbow, supra, n.46.51 See Union Carbide, supra, n.48.52 Purchasers that receive electric energy over the

QF’s transmission lines and interconnectionfacilities may be directly or indirectlyinterconnected purchasing utilities as contemplatedin, e.g., Kern River; Western Massachusetts ElectricCompany, 59 FERC ¶ 61,091, reh’g denied, 61 FERC¶ 61,182 (1992), and § 292.303 (a) and (d) of theCommission’s regulations; they may also beaffiliated and unaffiliated thermal hosts in accordwith, e.g., Kern River; Alcon (Puerto Rico), 38 FERC¶ 61,301 (1987), affirmed, Puerto Rico Elec. PowerAuth. v.FERC, 848 F.2d 243 (D.C. Cir. 1988); andUnion Carbide; or they may be retail customers,when permitted by state law, in accord with PRIEnergy.

53 The Energy Policy Act became effective onOctober 24, 1992. Public Law No. 102–486, 106 Stat2776 (1992). The Commission issued the NOPR inthis proceeding on November 16, 1992.

54 However, the Commission’s preliminary viewis that a QF that is a transmitting utility, see 16U.S.C. 793(23), would not lose its qualifying statusif the Commission ordered the QF to providetransmission services under FPA section 211.

and interconnection lines precedentcould result in the exemption of moretransmission lines from stateenvironmental siting review. It notesthat the State of Pennsylvania does notregulate QF-owned transmission lines.47

Southern California Edison is concernedthat the proposed definition may causeconflicts with state and local authoritiesthat regulate the construction,ownership and/or operation oftransmission facilities, despite theCommission’s clarification in the NOPRwith respect to the continuedapplicability of Federal, state and localsiting and environmental requirementsto such equipment. Edison, ArizonaPublic Service and EEI ask theCommission to clearly state in the finalrule that Federal, state and local sitingrequirements continue to apply to QF-owned transmission lines.

EEI also observes that the proposedreference to the use of qualifyingtransmission and interconnectionequipment for ‘‘qualified power’’ salesby QFs is ambiguous, since the term isundefined. EEI further observes that thereference is unnecessary because theCommission is only concerned aboutpower sales by the QF portion of afacility. Finally, EEI submits that onecould interpret the proposed definitionof qualifying facility to prohibit a QF’suse of qualifying transmission andinterconnection facilities to purchasepower other than supplementary,standby, maintenance and backuppower for the non-qualifying portions ofa facility. EEI suggests that theCommission did not intend to be sorestrictive in its definition.

American Cogen, American Iron andSteel, General Electric, IndependentEnergy Producers, and Texaco want toexpand the permitted uses of qualifyingtransmission and interconnectionfacilities to include transmission andwheeling of a QF’s power to otherparties. Texaco suggests that theCommission should include in thedefinition of a qualifying facility anyfacilities that deliver electric energy tothird parties, such as thermal hosts orother entities, and any facilities thatprovide transmission access under theprovisions of the Energy Policy Act of1992.

American Cogen contends that,whether a QF is selling electric energyat retail to industrial customers isirrelevant for the purpose ofdetermining QF status. American Cogenargues that it would make no sense todeny qualifying status to the

transmission and/or interconnectionportion of a facility merely because thefacility is engaged in power sales to endusers. American Cogen says that theCommission’s inquiry has been focusedon and should continue to focus onwhether a facility meets the fuel usestandard, operating and efficiencystandards and ownership criteria.American Iron and Steel contends thatrestricting the use of qualifyingtransmission and interconnectionequipment to transactions with utilitieswould be contrary to precedent.48

American Iron and Steel also suggeststhat, since PURPA does not bar retailsales where such sales are permissibleunder state law, the Commission shouldclarify the definition of a QF to providefor qualifying status of transmission andinterconnection facilities and similarfacilities that provide power to non-utility parties. Otherwise, AmericanIron and Steel argues, by precludingqualifying transmission andinterconnection facilities where a QFtransmits electric energy to retailcustomers, the Commission would placerestrictions on state authority over retailsales, a restriction that Congress soughtto prevent under PURPA.

AGA counters that the Commissionshould not permit the transmission andwheeling of electric energy for and tothird parties over qualifyingtransmission facilities, because § 210 ofPURPA only encourages the localgeneration of alternative energy.According to AGA, PURPA does notencourage the transmission ofalternative sources of electric energy tothird parties.

Commission Response: TheCommission will codify its precedentconcerning qualifying transmissionlines and interconnection equipment at§ 292.101(b)(1). The Commission is notchanging the case-by-case disposition ofapplications for the certification ofqualifying facility status that includetransmission lines and interconnectionfacilities.

The Commission also agrees with thesuggestions of several commenters thatit should more fully codify Commissionprecedent by clarifying or expanding thedefined uses of transmission lines andinterconnection facilities. PURPA doesnot preclude QFs from selling at retail.49

However, transmission lines orinterconnection facilities that are found

to be part of a QF—whether used forwholesale or retail sales—may be usedonly for the purpose of effectuating theQF’s sale of power; transmitting otherQFs’ power; transmitting standby,maintenance, supplementary andbackup power to other QFs; 50 ortransmitting back-up power, etc. to theQF or its thermal users in appropriatecircumstances.51 In other words, thefinal rule will allow the transmissionand interconnection components of theQF to serve the same users that areserved by the power productioncomponents of QFs, to serve other QFs,and to serve the backup, etc. needs ofthe QF, and its thermal host, inappropriate circumstances. TheCommission’s modified definition ofqualifying facility will, accordingly,recognize that QFs may usetransmission lines and interconnectionfacilities to exchange electric powerwithout regard to the nature of thepurchaser of the QF’s power.52

EEI’s reference to the qualifying‘‘portion’’ of an entire facility is unclear.It is, therefore, difficult to evaluate EEI’sconcern that the proposed reviseddefinition of a QF may overly restrictthe allowable types of power purchasesthat qualifying transmission lines andinterconnection facilities may transmit.In any event, the Commission, in thisproceeding, is simply codifying itspractice and precedent concerning thetransmission lines and interconnectionfacilities of a QF.

With respect to Texaco’s suggestion toexpand the facilities covered in thedefinition to those used to providetransmission access under theprovisions of the Energy Policy Act,53

the suggestion is beyond the scope ofthis rulemaking.54

The Commission agrees withSouthern California Edison, EEI and


55 Net output determines whether small powerproduction facilities that are not eligible solar,wind, waste or geothermal facilities as defined bysection 3(17)(E) of the FPA, conform to the 80 MWsize limit of § 292.204(a) and whether their ownersand operators are eligible for regulatory exemptionsprovided at §§ 292.601 and 292.602 of theCommission’s regulations. See, e.g., Malacha PowerProject, Inc., 41 FERC ¶ 61,350 (1987);Massachusetts Refusetech, Incorporated, 25 FERC61,406 (1983); Power Developers, Inc., 32 FERC¶ 61,101 (1985), rehearing denied, 34 FERC ¶ 61,136(1986); and Penntech Papers, Inc., 48 FERC ¶ 61,120(1989).

56 Comments of American Cogen.57 Comments of Independent Energy Producers.58 According to Southern California Edison, its QF

power purchase contracts specify the amount ofelectric power which it can rely on at the time ofits maximum system peak demands. SouthernCalifornia uses such contract capacity in its long-term system planning because the QF capacityamount reflects expected operating conditionsrather than the most favorable operating conditions.

59 A gasification system converts coal, waste andother by-product materials to fuel gas, which maybe burned in a power production facility.

60 We shall treat their motion as a comment onthe NOPR.

61 32 FERC ¶ 61,101 (1985) (Power Developers).62 55 FERC ¶ 61,136 (1991) (Turners Falls).63 According to Granite State Hydropower, the

New Hampshire Public Utility Commission (NewHampshire Commission) has interpreted theeligibility restrictions of Turners Falls to have, ineffect, overruled the New Hampshire Commission’s1981 regulations implementing PURPA and certainof this Commission’s Part 292 regulations.

64 Carolina Power & Light Company, v. StoneContainer Corp., Docket Nos. EL94–62–000 andQF85–102–005; Connecticut Valley Light & PowerCompany v. Wheelabrator Claremont Company,Docket Nos. EL94–10–000 and QF86–177–001.

65 While the Commission notes that AGA’ssuggestion that the Commission change its policyand rely on minimal information is beyond thescope of this proceeding, its proposal wouldundercut the Commission’s efforts to reduce theincidence of incomplete filings.

Arizona Power that it is appropriate tomodify the definition of qualifyingfacility to make it clear that Federal,state and local siting and environmentalrequirements apply to suchtransmission lines and interconnectionfacilities.

The final rule revises § 292.101(b)(1)accordingly.

6. Power Production CapacityIn the NOPR, the Commission

proposed to add a new § 292.202(s),which would codify Commissionprecedent regarding the powerproduction capacity of a QF. TheCommission proposed to determine aQF’s maximum net sendout based onthe safe and reliable operation of thefacility. The Commission also proposedto measure the QF’s power productioncapacity at the point of delivery to thetransmission system of theinterconnected utility.55

Comments: Commentersrecommended that the Commissionmeasure power production capacity ateach point of interconnection with eachpurchaser,56 or at the first point ofinterconnection with the transmittingutility.57 The CPUC suggests thatelectric power output must be net of anyparasitic loads.

Southern California Edison suggeststhat the Commission define powerproduction capacity in terms of theexpected operating conditions duringthe period when the purchasing utilitymost needs power, taking into accountfactors such as ambient temperature atthe time of system peak load and theQF’s power commitment.58 SouthernCalifornia Edison is also concerned thatone could construe the proposed§ 292.202(s) language to allow theowners and operators of QFs to chooseto purchase power to meet a facility’sauxiliary load requirements in order to

artificially increase the amount of powersendout.

General Electric suggests case-specifictreatment for cogeneration facilities thatemploy gasifiers.59

On November 29, 1993, assupplemented on December 3, 1993,Granite State Hydropower Association(Granite State Hydropower), whosemembers own or operate approximately40 small hydroelectric projects in NewHampshire, filed an ‘‘emergency’’motion for clarification or to reopen thisproceeding and rescind the proposal tocodify decisions.60 Granite StateHydropower opposes codification of theCommission’s decisions in PowerDevelopers, Inc.,61 and Turners FallsLimited Partnership,62 at least insofar asit might apply to hydroelectric smallpower production facilities that are inoperation when such codification mighttake effect.63 Granite State Hydropowerrequests that the Commission eitherrescind the proposed rule or clarify thatit would apply such a change ineligibility requirements to futurehydroelectric small power productionfacilities only.

Commission Response: TheCommission notes that in two pendingproceedings 64 issues have been raisedconcerning the policy set forth inTurners Falls. The Commission isreviewing those issues and will addressthem in those proceedings. TheCommission is not prepared at this timeto issue a final rule regarding the policyset forth in Turners Falls. TheCommission may, in the future, codifyits policy on this matter after it has hadmore experience with the issue. TheCommission will not adopt theproposed definition of powerproduction capacity at this time.

7. Increased Specificity of theQualifying Facility Filing Requirements:Form 556

In the NOPR, the Commissionproposed a standardized applicationform (Form 556) to facilitate successful

applications for Commissioncertification of qualifying status. TheCommission intended that Form 556would also make small power producersand cogenerators more aware of the QFstandards that apply to their facilities;under the current regulations one mustexamine the history of related cases andthe language of the pertinent regulationsto be sure of the specific standards thatapply to particular facilities. To makethis effort less burdensome toapplicants, Form 556 allowscogenerators and small power producersto report the specific characteristics oftheir facilities. The form also providesfor the step-by-step application ofpertinent regulations to their facilities.When accurately completed, Form 556should readily reveal whether a facilitysubstantially complies with theapplicable criteria, and reduce thenumber of Staff inquiries for moreinformation from applicants.

Comments: With respect to thegeneral requirement for Form 556,SDG&E suggests changing the title ofForm 556 to make it clear that it appliesto proposed, as well as to existingfacilities. American Cogen cautions thatverifying the useful thermal output ofproposed facilities (item 14a): (a) Willbe an extremely cumbersome procedure;(b) will, of necessity, be based onapproximations; and (c) may raiseutility concerns, prompt prematureinterventions, and cause administrativedifficulties.

Southern California Edisonrecommends that applicants include anupdated Form 556 with each filingsubmitted under § 292.207(d)(2) inconnection with a substantialmodification to a facility. AGA urges theCommission to dispense with thedetailed information requirements andrequest only the most basic technicalinformation.65 American Forest andPaper maintains that identification ofthe utility that will purchase and/orwheel the facility’s qualified power(item 3b) is unnecessary, since thatinformation has nothing to do withqualifying status.

Arizona Public Service proposes thatthe QF specify the name of each affectedutility customer, as well as themagnitude of its displaced load. SDG&Eproposes that the applicant describe inwriting the operation of the principalcomponents of the facility, and that theapplicant also address supplementaryfiring devices and incorporate a detailed


66 This information should be provided in Form556, items 4a and 10.

67 Lower heating value refers to the amount ofuseful heat energy that can be obtained during thecombustion process, since the latent heat of watervaporization in the combustion of hydrocarbonfuels is not recoverable. Order No. 69, FERC Stats.and Regs., Regulations Preambles 1977–1981¶ 30,134 at 30,937. Section 292.202(m) requires thatone use lower heating value to measure the energyinput of oil or natural gas. SDG&E also asks theCommission to require an applicant to specify theconversion factor that it uses to convert the higherheating value to the lower heating value.

68 Under section 3(17)(E) of the FPA, eligiblefacilities are certain solar, wind, waste andgeothermal powered small power productionfacilities that are not capped at the PURPA 80 MWsize limit, for which a filing regarding QF status hadbeen submitted to the Commission by the end of1994 and for which the construction must generallycommence before the end of 1999.

69 The Commission agrees that there should be acorrelation between the input and outputinformation provided in items 10 and 14.

thermodynamic heat balance diagram.66

SDG&E recommends that Form 556require an applicant to more narrowlyspecify the facility’s electric powerproduction capacity in terms of thequalified portion of the facility insteadof simply on a stand-alone basis (item4b).

American Forest and Paper asks theCommission to delete the proposedinquiry into the total energy input of afacility (items 4d and 5). It notes that,for a small power production facility,item 7 addresses compliance with thefossil fuel use limits and that, for acogeneration facility, the fuel used isrelevant only for compliance with theefficiency standard. According toAmerican Forest and Paper, item 11,concerning operating and efficiencyvalues for cogeneration, should applyonly to oil or natural gas fueledcogeneration facilities.

EEI recommends that the Commissionbroaden its consideration of wasteenergy input (item 4d) to include theCommission’s ‘‘no current commercialvalue’’ test or a United StatesDepartment of the Interior, Bureau ofLand Management (BLM) wastedetermination. SDG&E recommends thatthe Commission add new item 4e,which would require a description ofthe QF’s point of delivery with thepurchasing utility. It also suggests thatForm 556 require an applicant topresent the facility’s energy input (item5) in terms of ‘‘lower heating value.’’ 67

EEI suggests that the Commissionmake its determination of the amount oftotal energy input into a small powerproduction facility (Item 7) in terms ofBtu/lb. or Btu/cubic ft. of gas at standardtemperature and pressure and that Form556 require an applicant to specify theannual Btu consumption of primaryfuel. EEI notes that Form 556 does notdefine eligible and non-eligible smallpower production facilities (Item 8).68

American Cogen maintains that acogeneration system cycle diagramdepicting the physical arrangement ofsystem components (item 10) is oftenpremature and burdensome, sincecertification often occurs beforeselecting a general contractor andcompleting the detailed layout.American Cogen also contends thatsmall facilities, under 2 MW, should beexempt from the cycle diagramrequirement. The CPUC, observing thatitems 10 and 14 address cogenerationsystem input and output values,suggests that it would be useful todirectly relate each input and outputvalue to the cycle diagram to show moreclearly what each value represents.69

SDG&E suggests that, for absorptionchiller thermal applications, thereshould be specification of the heat thatwill be sent to the chiller’s coolingtower, and any factor converting thechilled water in terms of net Btu coolingoutput to net heat input to the chiller,as well as the relevant flow rates,temperature, pressure, and enthalpy.

SDG&E suggests that the Commissionshould require an applicant to specifythe entity that will purchase the usefulthermal energy output from the facilityand any affiliation such entity may havewith the cogenerator (item 12). SDG&Efurther recommends that the descriptionof any heat dump, exhaust bypass orother such device for dumping,transferring or applying heat tosomething other than the designateduseful thermal energy outputapplication, be provided in writingalong with a simple diagram (item 13).AGA contends that, since distributionheat losses are an inherent andunavoidable characteristic of thermalconsumption and are not a function ofhow thermal energy is created, Form556 should not call for calculations ofdistribution heat losses.

EEI proposes that, if the Commissiondecides that applicants must include acompleted Form 556 with all QF relatedfilings, the Commission specify the typeof filing that the Form 556 submissionpertains to (e.g., Commissionrecertification, self-recertification, orpre-authorized change). EEI alsosuggests a requirement that, at all times,proper and accurate metering or othermeasuring and recording will beconducted to verify continuingcompliance with the operating andefficiency standards. American Forestand Paper contends that the routineFederal Register notice accordedapplications for Commission

certification should be sufficient to alertnearby utilities and other interestedparties about potential QF obligations.

Commission Response: Applicationsfor Commission certification under§ 292.207(b) must include Form 556.Further, because the final rule willrequire filings under § 292.207(d)(2) toconform to the requirements of§ 292.207(b), filings under§ 292.207(d)(2) will include a completedand current Form 556. The Commissionwill also require that notices of self-certification under § 292.207(a)(1)include a completed Form 556.However, the final rule does not requireapplicants to include Form 556 withpreauthorized change filings under§ 292.207(a)(2). To do so would beinconsistent with the notion thatpreauthorized changes do not requireadditional Commission review.

Concerning EEI’s comments aboutverification of compliance withoperating and efficiency standards, theCommission notes that cogenerators andsmall power producers are responsiblefor installing adequate monitoringequipment to ensure compliance withthe Commission’s regulations.

In response to American Forest andPaper’s comment that Federal Registernotice should suffice for applications forCommission certification, as we notedabove, the adoption of Form 556 isintended to benefit QFs by facilitatingsuccessful applications for Commissioncertification and making cogeneratorsand small power producers more awareof QF standards. American Forest andPaper’s comments concerning notice toaffected utilities does not account forthese benefits. Moreover, as discussedelsewhere in this final rule, theCommission is requiring a completedForm 556 for each self-certificationfiling, which, at revised item 3b, willspecify the purchasing and wheelingutilities, if known. Since theCommission does not publish notices ofself-certification in the Federal Register,the Commission will require thatapplicants provide copies of notices ofself-certification to each affected utilityand state commission.

We decline to adopt AmericanCogen’s proposal to exempt facilitiesunder 2 MW from the cycle diagramrequirement. A cycle diagram is aminimal showing of the operation of thecogeneration process.

We decline to adopt SDG&E’ssuggestion that applicants specifyseveral factors related to absorptionchiller thermal applications. TheCommission has held that PURPA doesnot require the thermal use to be the


70 See Bayside Cogeneration, L.P., 67 FERC ¶61,290 at 62,007 & n. 7 (1994).

71 The Commission is not requiring owners and/or operators of facilities that have applications forcertification pending before the Commission, or thatthe Commission has already certified, or that havealready filed a notice of self-certification to fileForm 556 unless they file for Commissionrecertification or self-recertification after theeffective date of this final rule.

With respect to facilities not yet built oroperating, small power producers and cogeneratorsmust present the relevant information, to the extentpossible, in the form of planned compliance. If thesmall power producer or cogenerator does notsupply sufficient information, the Commission willnot be able to certify the facility, or the informationin a notice of self-certification will not be adequateto ensure that the facility is a QF.

72 The affiliate relationship between thecogenerator and the thermal host is not relevantunless the thermal application or process, or theend product produced with the aid of the thermaloutput from the facility, is not common. Since mostthermal applications or processes, and/or the endproducts produced with the aid of such, arecommon, this information is usually not necessary.

73 Section 292.202(h), as revised in this final rule,defines thermal energy in terms of thermal energy:(1) Which is made available to an industrial orcommercial process (net of any heat contained incondensate return and/or makeup water); (2) whichis used in a heating application (e.g., space heating,domestic hot water heating); or (3) which is usedin a space cooling application (i.e., steam or hotwater used by an absorption chiller). Item 14a willcontain these three categories.

Line losses and heat exchanging equipment lossesmust be deducted from the total thermal energyactually consumed. For example, any thermalenergy rejected by an absorption system at the inputto the chiller must be deducted from the usefulthermal output, since what is rejected is not usedfor cooling purposes. Also, the proper location ofthe metering equipment at the host site caneliminate the need to calculate line losses.

74 See, e.g., Everett Energy Corporation, 45 FERC¶ 61,314 (1988).

75 The current operating standard requires alltopping-cycle cogeneration facilities to have at leasta 5 percent operating value with regard to usefulthermal energy output (§ 292.205(a)). Oil or gas-fired topping-cycle cogeneration facilities are alsosubject to an efficiency standard (§ 292.205(a)). Theuseful electric power output of the facility plus one-half the useful thermal energy output must be noless than 42.5 percent of the total energy input ofnatural gas or oil. If the useful thermal energyoutput is less than 15 percent of the total energyoutput (i.e., the operating value is less than 15percent), the efficiency value must be 45 percentrather than 42.5 percent. For supplementary firedbottoming-cycle facilities, the useful electric poweroutput must be at least 45 percent of the total oiland natural gas input (§ 292.205(b)(1)).

76 The use of coal, oil and natural gas byqualifying small power production facilities islimited to certain purposes and cannot exceed 25percent of the total fuel input (§ 292.204(b)(2)).

most efficient; the requirement is that itbe ‘‘useful.’’ 70

Concerning AGA’s comment thatForm 556 should not requirecalculations of distribution heat losses,the Commission recognizes thataccounting for inefficiencies of heatingand cooling equipment is burdensomeand unnecessary. Form 556 will notrequire that applicants specify thisinformation.

The Commission will publish Form556 in Part 131 of the Commission’sregulations. To help focus attention onthe relevant standards, the Commissionwill divide the form into three parts.Part A, entitled ‘‘General Information ToBe Submitted By All Applicants’’ (items1–6), covers: (a) The identity of theapplicant; (b) the type of facility (smallpower or cogeneration); (c) the expectedor actual installation and operationdates, (d) the fuel input and poweroutput; and (e) the identity of therelevant utilities with which the facilitywill transact business. Part B, entitled‘‘Description Of the Small PowerProduction Facility’’ (items 7–8),concerns certain restrictions on use ofoil, natural gas and coal and the one-mile limit on common fuel suppliesshared by multiple facilities. Part C,entitled ‘‘Description Of theCogeneration Facility’’ (items 9–15),concerns compliance with, inter alia,the operating and/or efficiencystandards, and contains sections thatspecifically pertain to topping-cycle(items 13–14b) and bottoming-cycle(item 15) facilities.

To make Form 556 easier to use, theCommission is eliminatingredundancies and, wherever possible,cross-referencing items to relatedsections of the Commission’sregulations or stating the underlyingFPA or Commission requirement.

The Commission is also modifying thetitle of Form 556 to indicate thatapplicants must complete up-to-dateForms 556 for both existing andproposed facilities.71 The Commission

is requiring a description of theoperation of the principal componentsof the facility (item 4a). TheCommission is clarifying the referenceto eligible small power productionfacilities (item 8) with an explanationand a reference to section 3(17)(E) of theFederal Power Act. The Commission isalso requiring that an applicant specifythe identity of the thermal host; but theCommission is not requiring that in allcases applicants must divulge theiraffiliation with the cogenerator (item13).72

The Commission is also not requiringapplicants to specify the utility load thata QF will displace, since it is sufficientfor utility planning and systemoperating purposes that applicantsidentify all of the utilities with whichthey expect to transact business. TheCommission’s practice has long requiredthat applicants provide information onthermal delivery losses and any thermalenergy return, in order to determine theamount of the useful thermal energyoutput of the facility (item 14a).Experienced cogenerators haveroutinely provided this information.The Commission is not eliminating thiscritical requirement.73 The final ruleclarifies Form 556 accordingly.

F. Proposed Technical Modifications forQualifying Small Power Production andCogeneration Facilities Under Part 292

1. Calendar Year Fossil Fuel Use andOperating and Efficiency ValueCalculations

The Commission’s current rulesrequire cogeneration facilities to meetthe operating and efficiency standardson a calendar year basis.74 Small powerproduction facilities must meet a similar

requirement with respect to theproportion of fossil fuel use.

The NOPR proposed to convert theexisting calendar year operating andefficiency standards (for cogenerationfacilities 75) and the current calendaryear fossil fuel standard (for smallpower production facilities 76) to 12-month standards, because many QFshave experienced difficulty meeting thestandards during the first calendar yearof operation. For example, if acogeneration facility first produceselectric energy late in the year, it maynot have enough time under normaloperation during the remainder of thecalendar year to meet the Commission’soperating and/or efficiency standards.Likewise, it may miss the peak thermalusage of its host(s), and so may beunable to comply with theCommission’s operating and/orefficiency standards for that calendaryear.

In the NOPR, the Commissionproposed to base its determination ofwhether a QF meets the Commission’stechnical standards in its first year ofoperation by examining the facility’soperation for a period of 12 consecutivemonths beginning with the date onwhich the QF first produces electricenergy. The Commission proposed tobase subsequent determinations uponeach ensuing 12-month period.Accordingly, the Commission proposedto replace the phrase ‘‘during anycalendar year’’ in §§ 292.204(b)(2),292.205(a) and 292.205(b) with thephrase ‘‘on a consecutive 12-monthbasis beginning with the date the facilityfirst produces electric energy.’’

Comments: American Forest andPaper suggests a 60 to 90-day graceperiod beginning with the firstproduction of electric energy to permitthe completion of facility testing. Uponcommercial operation, the 12-monthstandard would apply. IndependentEnergy Producers suggests that theCommission apply the new 12-month


77 Southern California Edison also suggests that,since certain combined-cycle configurations havecharacteristics of both topping-cycle and bottoming-cycle facilities, the Commission should make theoperating and efficiency standards for combined-cycle facilities the same as for topping-cyclefacilities. The Commission considers combined-cycle installations to be topping-cycle facilitiessubject to the operating and efficiency standardsapplicable to such facilities.

Southern California Edison suggests that theCommission should also require combined cyclefacilities to calculate the efficiency value to takeinto account total energy input. The Commissionincludes the total energy input of only oil or naturalgas to such topping cycle facilities in thecalculation of the efficiency value.

78 SDG&E also contends that the current operatingand efficiency standards have failed to encouragealternative energy development and conservationand suggests that the Commission should initiate anew rulemaking proceeding to raise the operatingand the efficiency standards. At this juncture,however, the Commission is primarily concernedwith codifying QF precedent and otherwisestreamlining its QF regulations. It is not preparedto initiate another generic QF proceeding at thistime.

79 Under this approach, small power producersand cogenerators will account for the early periodof a QF’s operation under both the 12-monthstandard and the calendar year standard. Forexample, with respect to a facility that firstproduces power on July 1, 1994, conformance withthe 12-month standard will be necessary for the 12-month period ending June 30, 1995. In addition,conformance with the calendar year standard willbe necessary for that facility for the calendar yearending December 31, 1995.

80 Under the Commission’s proposal, a topping-cycle cogenerator applicant would provide a mass,heat balance (cycle) diagram to demonstratesequentiality, an adequate level of useful thermalenergy output, and conformance with the operatingand efficiency standards. Cycle diagrams delineateaverage annual hourly energy flows at variouspoints of the cogeneration facility (including pointsof fuel input and working fluid input), accountingfor hourly and seasonal variations, and conditionssuch as temperature, pressure and enthalpy (heatcontent) at these inputs, at the outputs of the primemovers, and at delivery points to the thermalapplication/process, and account for losses betweenthe cogenerator and the host.

81 (See Electrodyne Research Corporation, 32FERC ¶ 61,102 (1985) (Electrodyne)).

standard to consecutive 12-monthperiods, rather than to rolling 12-monthperiods beginning with each month.

Pennsylvania P&L suggests that theCommission apply the 12-monthstandard only to new QFs in order tominimize administrative problems withexisting QFs whose power purchasecontracts may be based on calendar yearperiods. SDG&E and Southern CaliforniaEdison suggest that the Commissioncontinue to apply the existing calendaryear standard, beginning with the firstfull calendar year of a QF’s operationand apply the new 12-month standardonly to the initial period of operation.77

SDG&E and Southern California Edisonbelieve that this would respond to theCommission’s concern about thedifficulties QFs initially encounter intheir operation and make it easier forutilities to monitor the operation of alarge number of QFs.78

Commission Response: AmericanForest and Paper’s proposal to establisha 60–90 day grace period for newfacilities is beyond the scope of thisproceeding and the Commission willnot adopt it.

The Commission is revising itsregulations to require that the technicalstandards be measured during the firstyear of operation, on a consecutive 12-month basis beginning with the date thefacility first produces electric energy. Anew facility can fail to meet thetechnical standards in any period fromone to 11 months as long as the facilitymeets the technical standards for the 12-month period. Compliance with thetechnical standards will be required ona calendar year basis beginning with thefirst full calendar year of operationfollowing the date of initial electric

power production.79 This shouldsimplify compliance with contracts andregulations. The final rule revises theCommission’s operating, efficiency andsmall power fuel use standardsaccordingly.

2. Clarification of the Sequential Use ofEnergy Requirement

In the NOPR, the Commissionproposed to clarify its requirementspertaining to cogeneration facilities’sequential use of energy and usefulthermal energy output. TheCommission, therefore, proposed todefine sequential use of energy in a new§ 292.202(t); in the final rule, this newsection is designated § 292.202(s). TheNOPR also proposed to codifyCommission precedent that: (a) Atopping-cycle installation mustsubsequently use some of the reject heatfrom the electric power productionprocess for a useful thermal purpose;and (b) that the useful portion ofthermal energy output refers to the heatused in a heating or cooling applicationor made available to a commercial orindustrial process.80 In the case of abottoming-cycle cogenerationinstallation, where all of the energy isfirst used for a commercial or industrialprocess, the Commission proposed thatthe facility must subsequently use someof the reject heat to produce electricpower.

Comments: EEI refers to a multipleturbine cogeneration configuration inwhich some of the turbines aresequentially producing electric powerand useful thermal output, and otherturbines are only producing electricpower. EEI contends that the latterturbines should not qualify because theydo not save fuel. Southern Companiesalso maintains that sequential energyuse must remain central to the

qualifying cogeneration facility concept.AGA approves of the Commission’sdiscussion in the NOPR on this matter,because it contemplates that usefulthermal energy will be extracted at anypoint along a chain of linked turbinesrather than from every turbine in amulti-turbine topping-cycle installation.

SDG&E asks the Commission tospecify a minimum percentagethreshold for sequentially produceduseful thermal energy output. It submitsthat the setting of a minimum thresholdwould better promote the conservationand efficiency goals of PURPA. SDG&Ealso recommends that the Commissionexclude from the operating andefficiency values of a facility theincremental electrical and thermaloutput related to any supplementaryfiring in a combined-cycle (topping-cycle) extraction turbine configuration.SDG&E contends that to allowsupplementary firing when only a tokenportion of the thermal input isconverted to useful thermal energyoutput is not an efficient use of energy.

American Cogen suggests that theCommission require facilities to accountfor inefficiencies in the thermal host’sequipment with greater specificity.However, if the Commission’s intent isto net out such inefficiencies from theuseful thermal energy output at eachpoint of interconnection with thethermal process or application,American Cogen contends thataccounting for such inefficiencies isonerous and should not be adopted.Electric Generation Association raisessimilar concerns. Independent EnergyProducers suggests that the Commissionuse an approach similar to thatproposed for waste fuels and provide anon-exclusive list of useful thermalpurposes to help reduce anyuncertainty.

SDG&E is concerned that theproposed revised definition of usefulthermal energy output does not excludeheat dumped or rejected after deliveryto the process, and that space anddomestic water heating and cooling useshave not been included in usefulthermal energy output.81 SDG&E alsosuggests that a modified independentbusiness purpose test be applied todetermine the usefulness of novelthermal applications or processes.

Commission Response: With regard tothe concerns of EEI, SouthernCompanies and American Cogen, theCommission’s final rule both maintainsthe sequential use of energy concept andpermits a QF to extract useful thermalenergy at any point along a chain of


82 See Adolf Coors Company, 34 FERC ¶ 61,209(1986).

83 At this juncture, the Commission believes it isappropriate to determine whether a project has beenfundamentally altered on a case-by-case basis.

84 PURPA does not define the term ‘‘waste.’’ Inthe preamble to its final rule implementing PURPA,the Commission defined waste as ‘‘by-productmaterials other than biomass.’’ FERC Stats. andRegs., Regulations Preambles, 1977–1981 ¶ 30,134at 30,934. In Kenvil Energy Corporation (Kenvil), 23FERC ¶ 61,139 (1983), the Commission found that,to be waste, an energy source must be both a by-product and have no commercial value.Subsequently, the Commission found that applyingthe by-product test is not only cumbersome, but

turbines as long as the turbines arelinked in a sequential energy flow.While SDG&E believes that theproposed definition of sequential use ofenergy was too vague, the Commissionnotes that the new definition explicitlyconsiders the operating standard withrespect to topping-cycle cogenerationfacilities. Under the operating standard,5 percent of the total energy output ofa topping-cycle cogeneration facilitymust be useful thermal energy output inorder for a facility to meet thesequentiality requirement.

The Commission agrees withAmerican Cogen and ElectricGeneration Association that it is undulyburdensome for cogenerators to compiledata on net useful thermal energyoutput that accounts for host equipmentinefficiencies, and that this requirementwould not be consonant withstreamlining the QF regulations. It is notpractical to account for inefficienciesrelated to each piece of host equipment.The Commission, however, agrees withSDG&E’s proposal to clarify thedefinition of useful thermal energyoutput to clearly account for suchcommon applications as space heatingand space cooling, and domestic waterheating.

The Commission declines to adoptIndependent Energy Producers’proposal to create a non-exclusive list ofuseful thermal energy outputapplications and processes similar tothe proposed list for waste fuels. Since,by design, most thermal applicationsand processes are common and,therefore, presumptively useful, a listingof permitted thermal applications/processes would be virtually impossibleto compile. Also, any such list wouldlikely exclude unforeseen variations ofpreviously allowed thermalapplications/processes that would alsofall within the presumptively usefulcategory.

SDG&E has raised a concern aboutseparate firing in combined cyclefacilities, in which fuel is used toproduce steam, some of which isdirectly used in the thermal application/process and some of which is used in anextraction turbine generator to produceadditional electric energy andsubsequently additional thermal output.As long as the direct and indirect use ofthermal output amounts to 5 percent ofthe facility’s total energy output, thefacility meets the operating standardand the sequential use of energyrequirement. The Commission does notallow the use of duct burners (i.e.,separate firing of heat recovery boilers)solely to produce electric power in

condensing turbine configurations.82 Inresponse to SDG&E’s suggestion tomodify the independent businesspurpose test, the Commission, has notproposed to modify its Electrodynestandard in this proceeding. Thus,SDG&E’s proposal is beyond the scopeof the instant proceeding.

The final rule adopts § 292.202(s)accordingly.

3. Section 292.204(a)—Criteria for SmallPower Production Facilities

In the NOPR, the Commissionproposed to amend § 292.204(a) of itsregulations to reflect the addition byCongress of subsection 3(17)(E) of theFederal Power Act (FPA) pursuant tothe Solar, Wind, Waste, and GeothermalPower Production Incentives Act of1990, as subsequently amended in 1991(the Incentives Act). Subsection 3(17)(E)temporarily removed the otherwiseapplicable subsection 3(17)(A) 80 MWsize limitation on eligible small powerproduction facilities.

Eligible facilities are those solar,wind, waste and geothermal poweredsmall power production facilities forwhich either a notice of self-certification, or an application forCommission certification, wassubmitted to the Commission byDecember 31, 1994. In addition,construction of eligible facilities mustcommence not later than December 31,1999, or, if not by then, reasonablediligence must be exercised toward thecompletion of such facilities taking intoaccount all factors relevant to theirconstruction.

Comments: EEI suggests that theCommission require that operators ofeligible facilities provide evidence thatthey have made a good faith efforttoward the timely completion of suchfacilities by December 31, 1999, takinginto account all factors relevant to theirconstruction, in order to maintaineligibility for exemption from the sizerestriction.

Independent Energy Producersexpresses concern that under theIncentives Act, as amended, existingsmall power production facilities ofgreater than 80 MW may lose theirqualifying status if they must berecertified subsequent to December 31,1994. They request that the Commissionclarify that recertification of an existingeligible solar, wind, waste or geothermalsmall power production facility largerthan 80 MW after December 31, 1994,will not endanger that project’squalifying status. Independent EnergyProducers asserts that it would be

unreasonable to interpret the IncentivesAct, as amended, to take away existingbenefits from a project which otherwisemeets all eligibility requirements simplybecause it undergoes modification orsome other change in circumstances, notrelated to the size cap, requiring asubsequent filing some time during theproject’s useful life. Such modificationsinclude minor changes in a project’ssize, transmission routing, or ownershipand occur frequently, according toIndependent Energy Producers.

Commission Response: In addingSubsection 3(17)(E) to the FPA,Congress only required that applicantsexercise reasonable diligence toward thecompletion of construction of eligiblesmall power production facilities, inthose instances when construction hasnot commenced by December 31, 1999.In deciding to allow eligible smallpower producers to start constructionafter December 31, 1999, Congressobviously considered the potential fordelays, yet, notably, it did not establisha requirement that construction becompleted by any particular date.Therefore, it would not be appropriatefor the Commission to adopt EEI’ssuggestion to require in all cases eligiblesmall power producers to demonstratereasonable diligence to completeconstruction of eligible facilities byDecember 31, 1999.

In response to Independent EnergyProducers, we do not believe that aneligible solar, wind waste or geothermalfacility will lose QF status if,subsequent to December 31, 1994, suchfacility either files a notice of self-recertification or an application forCommission recertification, as long asthe project is not fundamentally alteredfrom the project described in the noticeof self-certification or application forCommission certification filed prior toJanuary 1, 1995.83

The Commission will retain theproposed regulatory text for 18 CFR292.204(a).

4. Waste

In the NOPR the Commissionproposed to drop the existing definitionof ‘‘waste’’ as a by-product material.84


also is not needed to address the issue of whatconstitutes waste. For example, in Big Horn EnergyPartners, 38 FERC ¶ 61,265, order on rehearing, 40FERC ¶ 61,305 (1987) (Big Horn), the Commissioncertified as waste, coal which was not a true by-product of the coal mining operation but wassimply not extracted because it was unwanted.

Section 292.202(a) defines ‘‘biomass’’ as anyorganic material not derived from fossil fuels.

85 The Commission intended that its waste list notbe exclusive.

86 The CPUC notes that the proposed waste list isbased upon market data for the period 1987 through1991. EEI is concerned that technology may quickly

cause a listed waste to acquire some economicvalue. Southern Companies, concerned about delay,recommends that the Commission establish a list ofwastes but not include the list in the Commission’sregulations. Southern Companies suggests that theCommission invite public comment on the list andupdate the list periodically.

87 Anthracite IPPs cites Sunlaw Energy Corp., 37FERC ¶ 62,255 (1986) and Exeter Energy LimitedPartnership, 48 FERC ¶ 62,135 (1985). AppliedEnergy cites Ultrapower, Inc., 34 FERC ¶ 62,144(1986), GWF Power Systems Company, Inc., 45FERC ¶ 62,159 (1988), and the Commission’sdiscussion of petroleum coke without regard to itscommercial value at FERC Stats. and Regs.,Regulations Preambles 1977–1981 ¶ 30,134 at30,934. In that latter discussion, the Commissionalso referred to refinery gas and plastics asadditional examples of waste.

88 American Iron and Steel states that these gasescannot be marketed outside the steel industry dueto low Btu content, intermittent production, andcapture and storage problems. It also suggests thatthe Commission consider including as waste steelindustry process gases such as Corex off-gas anddirect steel making off-gas.

89 Ridgewood, RW Partners, Utility SystemsFlorida, Donald L. Warner and Steven AnthonyDuff maintain that listing used crankcase oil aswaste would provide an incentive for its properdisposal, reduce its role as an environmentalnuisance, encourage its recycling for use in electricgeneration, help reduce oil imports, and removeskepticism among lenders as to the status of self-certified facilities that rely on it.

90 Fines are small or powdery-sized particles ofcoal that result from coal mining, sizing orprocessing operations.

91 Anthracite IPPs further states that utilities donot specifically purchase fines, and that fines aretypically in the form of silt comprised of coal finesand ash materials from coal washing operations andare disposed of in settling or slurry ponds.

92 Subbituminous coal has a lower heat contentthan bituminous coal, averaging 9,000 Btu/lb.

Anthracite IPPs also proposes that theCommission regard as waste: (1) Top or bottomanthracite coal, and (2) subbituminous and

bituminous coal that the United States Departmentof the Interior’s Bureau of Land Management (BLM)has determined to be waste, including any of thiscoal with the same characteristics that may extendonto non-Federal or Indian land not under theBLM’s jurisdiction. Anthracite IPPs notes that, sinceBLM jurisdiction only extends to Federal or Indianlands, the waste list’s reference to BLM approvedwastes on such lands is redundant.

Anthracite IPPs also wants the Commission toprovide in its regulations that any coal source notlisted as a waste in the Commission’s regulationsmay qualify as waste upon a showing that it has nocommercial value. Anthracite IPPs also wants allreferences to Btu or ash content to refer to averagevalues so that variations in Btu or ash content willnot preclude a potential fuel source from qualifying.

93 Section 292.204 reads in relevant part, asfollows:

(b) Fuel use. (1)(i) The primary energy source ofthe facility must be biomass, waste, renewableresources, geothermal resources, or anycombination thereof, and 75 percent or more of thetotal energy input must be from these sources.

The Commission intended to make iteasier to determine the energy sourcesthat certain qualifying small powerproduction facilities can use. To make iteasier to certify a qualifying facility, theCommission also proposed to listspecific energy sources that it hadpreviously approved for treatment aswaste.85

Comments: EEI and SouthernCompanies are concerned thateliminating the by-product test in therevised definition of waste mayencourage the deliberate creation of awaste material. Each recommends thatan energy source not qualify as wasteunless it would otherwise exist in theabsence of the QF that will rely on it.

American Iron and Steel, UtilitySystems Florida, Anthracite IPPs andIndependent Energy Producers suggestthat whether the owner or operator of aQF pays for the energy source, incurscosts associated with its removal andtransportation to the QF, and adds valueby way of upgrade, should not affect thedetermination of commercial value.American Iron and Steel proposes thatthe Commission consider commercialvalue in the context of its value topotential purchasers other than ownersand operators of QFs. Anthracite IPPsobserves that upgrades, such as cleaningand washing, might be necessary beforea QF can use a waste. Utility SystemsFlorida notes that almost everything hassome commercial value after it iscleaned, and suggests that theCommission define waste in terms of anenergy source that is both anenvironmental hazard and has little orno commercial value.

American Iron and Steel, EEI andSouthern Companies urge theCommission to state that, once theCommission determines that a QF’senergy source is waste, the Commissionwill continue to treat that energy sourceas waste even if the waste subsequentlyacquires commercial value. Theymaintain that this approach is necessaryto maintain the QF’s qualifying status.

The CPUC, EEI and SouthernCompanies propose that theCommission periodically review andupdate its list of waste materials.86

Anthracite IPPS and Applied Energyargue that it is unnecessary to limitpetroleum coke and used rubber tires tothat which cannot be commerciallymarketed, since the Commission hasalready listed each item as waste.87

American Iron and Steel suggests thatthe Commission specifically list cokeoven gas and blast furnace gas aswaste.88

Ridgewood and RW Partners suggestthat the Commission include on the listof waste environmentally problematicsubstances such as used crankcase oiland other used petroleum products.89

Anthracite IPPs recommends that theCommission include on the waste listcoal ‘‘fines,’’ regardless of their BTUcontent.90 It argues that fines areextremely difficult to handle because oftheir small particle size and theirtendency to become difficult to handlewhen wet.91 Anthracite IPPs alsoproposes that the list be expanded toinclude subbituminous coal or blends ofbituminous and subbituminous coal,regardless of whether such material is inplace or is a refuse.92

Commission Response: TheCommission is simplifying thequalifying status determination offacilities that use waste energy inputs intwo ways. First, the Commission ispublishing a list of waste energy inputsthat the Commission has previouslyapproved. Second, the Commission isstreamlining its waste determinationprocess for those energy inputs that donot appear on the list, by changing itstwo-part Kenvil approach (i.e.,application of a ‘‘by-product test’’ inconjunction with a ‘‘little or no currentcommercial value’’ test) to require onlythat the proposed waste fuel sourcehave little or no current commercialvalue.

Section 292.204(b) requires that, for awaste-fueled qualifying small powerproduction facility, 75 percent or moreof the total energy input to the facilitymust be waste.93 Determining whether afacility meets this criterion will entailan evaluation of the average qualitycharacteristics of the fuel, if the fuel isa waste fossil fuel energy input to afacility, or a description of the facility’senergy input if it is not using a wastefossil fuel.

The final rule will provide that evenif the owner and/or operator of a QFpays for a material and incurs expensesto transport and upgrade it, the materialis a waste if no other sector of theNation’s economy uses the material; but,if there is a demand for the material,other than in the QF industry, thematerial is considered to havecommercial value and is, therefore, notwaste under the ‘‘little or no commercialvalue’’ test. The Commission will notconsider value to the cogenerator orsmall power producer as commercialvalue. Should a waste material acquirecommercial value after the Commissionhas certified a facility that uses suchmaterial, or after a small power


94 The Commission rejects Southern Companies’suggestion that the Commission publish updatedlists of waste materials without revising itsregulations. Under Southern Companies’recommended procedure, there would still benotice and comments and the Commission wouldstill frequently have to update its list of wastematerials. The Commission would be taking on anadditional administrative burden without savingany time.

It would be impractical to establish a specialupdate procedure for the waste list. Since variousmaterials may gain or lose commercial value overtime, a detailed listing of waste materials couldrequire frequent revisions of the Commission’sregulations.

95 Petroleum coke is a by-product of the oilrefining process that is very low in volatile matter,usually high in sulfur content, and anenvironmentally hazardous waste. Used rubbertires, while high in heat content, are not burned inconventional boilers, do not represent an energysource for electric utilities, and are detrimental tothe environment.

96 See Big Horn.97 Some Anthracite and bituminous coal fines,

when dried and where transportation distances areshort, have a high Btu content and commercialvalue. Some public utilities and various otherentities use anthracite silt ponds as a source of fuel.See Electrodyne. Form 423 data for 1992 suggestthat electric utilities purchase subbituminous coalwith a heat content of 9,500 Btu per pound and anash content of more than 25 percent.

Used crankcase oil is currently reprocessed foruse as an industrial boiler fuel, in asphaltproduction and cement kilns. It is also refined foruse in lubricants and for reuse as motor oil.

The Commission lacks sufficient information tosupport a generic finding that hot gases, such asoxygen furnace off-gas and hot blast furnace air,have no commercial value.

98 Red Top Cogeneration Project, L.P., 62 FERC¶ 61,205, reh’g denied, 65 FERC ¶ 61,044 (1993).

producer or cogenerator has filed anotice of self-certification referring tosuch material, the facility will not loseits qualifying status because the materialfrom which it generates electric energyhas acquired commercial value.94

The requirement that the waste energyinput exist in the absence of the QFindustry will allow the Commission toregard as waste those materials that arenot by-products of industrial processesbut are nevertheless unwanted, whileprecluding the creation of contrivedenergy inputs for the sole purpose ofhaving the Commission view them as‘‘waste.’’

It is virtually impossible to develop asimplified determination procedure thatwill work perfectly to determine what iswaste. There may, for example, besubstances that the Commission has notlisted as waste and do not qualify aswaste under the ‘‘no commercial value’’component of the test that, nevertheless,may truly be waste. The Commissionwill consider reasonable proposals forthe special treatment of specificmaterials as ‘‘waste,’’ on a case-by-casebasis.

The Commission will list petroleumcoke and used rubber tires as waste,without reference to their commercialmarketability.95 The Commission willalso add refinery off-gas and plastic tothe list of those materials that it regardsas waste. The Commission will considerthe average Btu and ash content of coallocated in refuse ponds whendetermining whether it is waste.

The Commission notes that itcurrently accepts BLM determinationsregarding waste coal located both withinBLM’s jurisdiction and located on non-Federal or non-Indian lands outside ofBLM’s jurisdiction, provided thatapplicants show that the latter refuse isan extension of a portion of the relevantcoal seam (e.g., top or bottom coal) or

other refuse source (e.g., refuse pile)determined to be waste by BLM.However, since reference to Federal orIndian lands serves to clarify the extentof BLM’s jurisdiction for all applicants,the Commission sees no reason tomodify the regulatory text in thisregard.96

The Commission will not list aswaste: Anthracite and bituminous coalfines; subbituminous coal; blends ofbituminous and subbituminous coalhaving an average heat value greaterthan 9,500 Btu per pound with anaverage of 25 percent or more ashcontent; or used crankcase oil or otherused petroleum products.97

In this proceeding, the Commissiondoes not intend to make generic rulingson specific materials that it has notpreviously considered. With respect tomaterials which the Commission hasnot listed as ‘‘waste,’’ an applicant isalways free to submit a showing that ina particular case the material has littleor no current commercial value andwould not exist in the absence of the QFindustry.

Finally, in light of the Commission’streatment of waste natural gas forcogeneration purposes,98 the final rulewill provide that a cogeneration facilitymay use a waste that meets thedefinition of § 292.202(b) as an energyinput without considering the wastefuel’s energy input to the cogenerationfacility in computing its efficiency valueunder § 292.205.

The Commission agrees withAnthracite IPPs’ suggestions that anycoal source not listed as a waste in theCommission’s regulations may qualifyas waste upon a showing that it haslittle or no commercial value and thatall references to Btu or ash content referto average values.

The final rule revises and clarifies§§ 292.202(b) and 292.205 accordingly.

G. Part 294—Procedures for Shortagesof Electric Energy and Capacity UnderSection 206 of Public UtilitiesRegulatory Policies Act

In the NOPR, the Commissionproposed to modify § 294.101(b) toprovide that a public utility need notfile with the Commission a contingencyplan for accommodating shortages ofelectric energy or capacity affecting itsfirm power wholesale customers, ormodify such a contingency plan alreadyon file with the Commission, if thepublic utility includes certainprovisions in the appropriate wholesalerate schedule. The Commission alsoproposed to modify § 294.101 by addinga new paragraph (f), which wouldprovide that, if a public utility includesin its rate schedule provisions that itwill report anticipated shortages ofelectric energy or capacity toappropriate state regulators and to itswholesale customers, then the publicutility need only report to theCommission the nature and projectedduration of the anticipated capacity orenergy supply shortage and furnish alist of the firm power or wholesalesupply customers likely to be affectedby the shortage.

EEI, NEP and Southern Companiessupport the proposed revisions to theCommission’s reporting requirements.Baltimore Gas & Electric asks theCommission to eliminate therequirement to report to theCommission anticipated shortages ofelectric energy and/or capacity for thosepublic utilities that file an IntegratedResource Plan or least-cost plancontaining the required informationwith their State regulatory authorities.

The Commission declines to adoptBaltimore Gas & Electric’s suggestion.As the Commission noted in the NOPR,section 202(g) of the FPA requires thatpublic utilities file contingency plansfor shortages with the Commission aswell as with any appropriate stateregulatory authority. To satisfy section202(g), it is not enough for publicutilities to file contingency plans withstate regulatory authorities only; theymust also file with this Commissioncontingency plans that affect wholesalecustomers.

The proposed rule simply gives apublic utility the option of notseparately reporting its contingencyplans if it already includes certainprovisions in its wholesale rateschedules. Otherwise, the public utilitymust file a brief statement, summarizingthe public utility’s contingency plans. Ifa public utility does not avail itself ofthe new rate schedule option, it willmerely have to summarize how, under


99 The Commission has determined that theannual charge obligation also applies to all publicutility power marketers. Morgan Stanley CapitalGroup, Inc., 69 FERC ¶ 61,175 (1994), reh’gpending.

100 Subsequent to the filing of EEI’s comments, theCommission issued a final rule in Docket No.RM92–17–000 revising its filing fee structure. SeeElimination of Filing Fees, Order No. 548, 58 FR2968 (Jan. 7, 1993), III FERC Stats. & Regs. ¶ 30,960(1993).

101 Regulations Implementing NationalEnvironmental Policy Act, 52 FR 47897 (Dec. 17,1987), FERC Stats. & Regs., Regulations Preambles1987–1990, ¶ 30,783 (1987).

102 18 CFR 380.4.103 18 CFR 380.4(a)(2)(ii), 380.4(a)(15)–(16). 104 5 U.S.C. 601–612.

the plan that it files with the state, itwill treat its wholesale customers in theevent of a shortage of electric energy.The Commission does not consider thisrequirement burdensome, and therequirement will satisfy theCommission’s obligation to ensure thata public utility will treat its wholesalecustomers in a fair and non-discriminatory manner in the event of ashortage of electric energy. Accordingly,the Commission adopts the changes topart 294 as proposed in the NOPR.

H. Part 382—Annual ChargesThe proposed rule would modify

§§ 382.102 and 382.201, which pertainto the requirement that public utilitiesreport total annual adjusted sales forresale megawatt-hours and total annualcoordination sales megawatt-hours forthe purposes of computing annualcharges. Under the proposed rule,public utilities that are exempt fromfiling Form 1 would be subject to theannual charge regulations and would beassessed annual charges.99 Theproposed rule also would changedefinitions in the annual chargeregulations to allow for calculation ofannual charges consistent with theclassification of transactions volumes asreported on Form 1. The proposed rulewould also revise the regulations tostate how the Commission proposes tocalculate annual charges.

Comments: EEI requests a fullerexplanation of the Commission’sproposed changes in the calculation ofannual charges and of how thosecontemplated changes will interact withthe elimination of certain filing feesproposed in Docket No. RM92–17–000.100 EEI also recommends that theCommission bill applicants directly forfilings that are unusually extensive orthat require an extraordinary amount ofthe Commission’s time and effort toprocess.

NEP expresses concern that theproposed change in the formula forcalculating utilities’ annual charges mayproduce dramatic increases in theassessments on individual publicutilities. NEP asks the Commission todefer adoption of the proposed changein the annual charge formula until theutilities have an opportunity to assessthe likely effect of the change.

Southern Companies comments thatpublic utilities, whether or not they filea Form 1, should pay annual charges.

Commission’s Response: With respectto EEI’s comments, the rule eliminatingcertain filing fees does not affect the factthat utilities are assessed annualcharges. With respect to EEI’s and NEP’scomments, the proposed rule changedsome definitions and explained howtransaction volumes would be reported.However, the proposed rule does notchange the formula for calculatingannual charges. The proposed rule isclarifying in nature, linking thereporting of transaction volumes tospecific statistical classifications onForm 1.

We will deny NEP’s request that wedefer adopting the change in the annualcharge regulations. Public utilities havehad approximately two years since theissuance of the NOPR to assess the effectof the change. Further deferral of actionis unwarranted.

Accordingly, we will adopt the finalrule as proposed.

I. Part 385—Rules of Practice andProcedure

The proposed rule deleted Rule 717,§ 385.717, which expired by its ownterms on May 21, 1986, and deletedcross-references to Rule 717 containedin other rules. EEI supports the deletionof Rule 717, and there were nocomments opposing the deletion of Rule717. Accordingly, we will adopt thefinal rule as proposed.

IV. Environmental StatementCommission regulations require that

an environmental assessment or anenvironmental impact statement beprepared for any Commission actionthat may have a significant adverseeffect on the human environment.101

The Commission has categoricallyexcluded certain actions from thisrequirement as not having a significanteffect on the human environment.102 Noenvironmental consideration isnecessary for the promulgation of a rulethat is clarifying, corrective, orprocedural or that does not substantiallychange the effect of legislation orregulations being amended or applies toaccounting orders, the establishment ofjust and reasonable rates, the issuanceand purchase of corporate securities orcorporate regulation.103 The final rule isclarifying and procedural in nature. Itmerely makes clerical and clarifying

changes and deletes reportingrequirements and regulations that theCommission has decided are no longernecessary or that refer only to: (a) Theestablishment of just and reasonablerates; or (b) the issuance and purchaseof corporate securities.

Section 201 of PURPA includes‘‘waste’’ as an allowable primary energysource for qualifying small powerproduction facilities. To the extent theCommission is revising the definition of‘‘waste,’’ incorporating an illustrativelist of waste energy sources, this actionmerely codifies current Commissionpractice; it does not substantiallychange the effect of the underlyinglegislation.

Accordingly, neither anenvironmental assessment nor anenvironmental impact statement isnecessary.

V. Regulatory Flexibility CertificationThe Regulatory Flexibility Act 104

requires rulemakings to either contain adescription and analysis of the impactthe proposed rule will have on smallentities or to certify that the rule willnot have a substantial economic impacton a substantial number of smallentities. The final rule removesunnecessary and obsolete regulations.The only additional reportingrequirements that the Commission isadopting will serve to reduce discoveryburdens and improve processing offilings. The Commission’s newlyadopted regulations governing QFsmerely clarify and codify Commissionprecedent. Finally, since the final rule isdesigned to reduce regulatory burdens,the Commission expects that any impacton small entities affected by the finalrule will be beneficial. Accordingly, theCommission certifies that theseproposed rules, if adopted, will not have‘‘a significant economic impact on asubstantial number of small entities.’’

The Small Business Administrationsupports the substance of the proposedrule and, specifically, agrees that theproposed rule will be beneficial to QFs.However, the Small BusinessAdministration maintains that theCommission should perform aregulatory flexibility analysis under theRegulatory Flexibility Act. According tothe Small Business Administration,unless the Commission can demonstratethat the beneficial effects of the rule willnot be significant, the Commission mustprepare a final regulatory flexibilityanalysis pursuant to section 604 of theRegulatory Flexibility Act. The SmallBusiness Administration contends thatsuch an analysis may lead to further


105 5 CFR 1320.12.

methods of reducing the regulatoryburdens imposed on small generators ofelectricity.

The Commission finds that theproposed rules will assist smallbusinesses in a significant butunquantifiable manner and that furtherregulatory flexibility analysis isunnecessary.

VI. Information Collection Statement

The Office of Management andBudget’s (OMB) regulations 105 requirethat OMB approve certain informationcollection requirements imposed by anagency. The information collectionrequirements in the final rule arecontained in FERC–516 ‘‘Electric RateFilings’’ (1902–0096), FERC–523‘‘Applications to Issue Securities’’(1902–0043), FERC 525 ‘‘FinancialAudits’’ (1902–0092), FERC–556‘‘Application for Certification ofQualifying Status as a Small PowerProduction Facility or CogenerationFacility’’ (1902–0075), FERC–582 ‘‘Oil,Gas and Electric Fees and AnnualCharges’’ (1902–0132) and FERC–585‘‘Reports on Electric Energy Shortagesand Contingency Plans Under PURPA206’’ (1902–0138).

The respondents are: Utilities andpersons wishing to issue securities, orassume obligations or liabilities as aguarantor, endorser, or surety, inaccordance with sections 19, 20 and 204of the FPA; to file rate schedulesshowing all rates and charges pertainingto any transmission or sale of electricenergy in interstate commerce inaccordance with sections 15, 19, 20,205, 206 and 207 of the FPA; ensuretheir financial records comply withaccounting, financial reporting andother regulations established undermandates of the FPA; submitcontingency plans with regard toshortages of electric energy or capacity:submit payment for charges of costsincurred by the Commission to processindustry filings; and to obtainCommission certification or file a noticeof the qualifying status of their smallpower production and cogenerationfacilities.

The Commission uses the datacollected in these informationrequirements to carry out its regulatoryresponsibilities pursuant to the FederalPower Act, Public Utility RegulatoryPolicies Act of 1978, and the InterstateCommerce Act. The Commission’sOffice of Electric Power Regulation usesthe data for determination of electricrate filings submitted by industry,applications for certification ofqualifying cogeneration and small

power production facilities andappropriate procedures in the event ofshortages of electric energy. The Officeof Financial Management uses the datafor compilation of annual charges. TheOffice of the Chief Accountant uses thedata to ensure that industry hasfollowed the appropriate procedures forissuing securities or assumptions ofliabilities obligations and to ensure thatjurisdictional companies comply withthe Uniform System of Accounts.Respondents would be public utilities,licensees or QF applicants who desirecertification of their facility.

The Commission is submitting to theOffice of Management and Budget anotification of these changes. Interestedpersons may obtain information onthese reporting requirements bycontacting the Federal EnergyRegulatory Commission, 941 NorthCapitol Street NE., Washington, DC20426 (Attention: Michael Miller,Information Services Division, (202)208–1415). Comments on therequirements of this final rule can alsobe sent to the Office of Information andRegulatory Affairs of OMB (Attention:Desk Officer for Federal EnergyRegulatory Commission). FAX: (202)395–5167.

List of Subjects

18 CFR Part 2

Administrative practice andprocedure, Electric power, Natural gaspipelines, Reporting and recordkeepingrequirements.

18 CFR Part 34

Electric power, Electric utilities,Reporting and recordkeepingrequirements, Securities.

18 CFR Part 35

Electric power rates, Electric utilities,Reporting and recordkeepingrequirements.

18 CFR Part 41

Administrative practice andprocedure, Electric utilities, Reportingand recordkeeping requirements,Uniform System of Accounts.

18 CFR Part 131

Electric power.

18 CFR Part 292

Electric power plants, Electricutilities, Natural gas, Reporting andrecordkeeping requirements.

18 CFR Part 294

Electric utilities, Reporting andrecordkeeping requirements.

18 CFR Part 382

Administrative practice andprocedure, Electric power, Pipelines,Reporting and recordkeepingrequirements.

18 CFR Part 385

Administrative practice andprocedure, Electric power, Penalties,Reporting and recordkeepingrequirements.

By the Commission.Lois D. Cashell,Secretary.

In consideration of the foregoing, theCommission is amending parts 2, 34, 35,41, 131, 292, 294, 382, and 385, ChapterI, Title 18, Code of Federal Regulations,as set forth below.

PART 2—GENERAL POLICY ANDINTERPRETATIONS

1. The authority citation for Part 2 isrevised to read as follows:

Authority: 15 U.S.C. 717–717w, 3301–3432; 16 U.S.C. 791a–825r, 2601–2645; 42U.S.C. 4321–4361, 7101–7352.

2. In § 2.4, paragraph (d) is removedand paragraphs (e), (f), (g) and (h) areredesignated paragraphs (d), (e), (f) and(g), respectively.

PART 34—APPLICATION FORAUTHORIZATION OF THE ISSUANCEOF SECURITIES OR THE ASSUMPTIONOF LIABILITIES

3. The authority citation for Part 34 isrevised to read as follows:

Authority: 16 U.S.C. 791a–825r, 2601–2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.

4. In § 34.1, paragraphs (c)(1) and(c)(2) are revised to read as follows:

§ 34.1 Applicability; definitions;exemptions in case of certain Stateregulation, certain short-term issuancesand certain qualifying facilities.

* * * * *(c) Exemptions. (1) If an agency of the

State in which the utility is organizedand operating approves or authorizes, inwriting, the issuance of securities priorto their issuance, the utility is exemptfrom the provisions of sections 19, 20and 204 of the Federal Power Act andthe regulations under this part, withrespect to such securities.

(2) This part does not apply to theissue or renewal of, or assumption ofliability on, a note or draft maturing oneyear or less after the date of such issue,renewal, or assumption of liability, ifthe aggregate of such note or draft andall other then-outstanding notes anddrafts of a maturity of one year or lesson which the utility is primarily or


secondarily liable, is not more than 5percent of the par value of the otherthen-outstanding securities of the utilityas of the date of issue or renewal of, orassumption of liability on, the note ordraft. In the case of securities having nopar value, the par value for the purposeof this part is the fair market value, asof the date of issue or renewal of, orassumption of liability on, the note ordraft.* * * * *

5. Section 34.2 is revised to read asfollows:

§ 34.2 Placement of securities.(a) Method of issuance. Upon

obtaining authorization from theCommission, utilities may issuesecurities by either a competitive bid ornegotiated placement, provided that:

(1) Competitive bids are obtainedfrom at least two prospective dealers,purchasers or underwriters; or

(2) Negotiated offers are obtained fromat least three prospective dealers,purchasers or underwriters; and

(3) The utility:(i) Accepts the bid or offer that

provides the utility with the lowest costof money for securities with fixed orvariable interest or dividend rates, or

(ii) Accepts the bid or offer thatprovides the utility with the greatest netproceeds for securities with no specifiedinterest or dividend rates, or

(iii) The utility has filed for andobtained authorization from theCommission to accept bids or offersother than those specified in paragraphs(a)(3)(i) or (a)(3)(ii) of this section.

(b) Exemptions. The provisions ofparagraph (a) of this section do notapply where:

(1) The securities are to be issued toexisting holders of securities on a prorata basis;

(2) The utility receives an unsolicitedoffer to purchase the securities;

(3) The securities have a maturity ofone year or less; or

(4) The securities are to be issued insupport of or to guarantee securitiesissued by governmental or quasi-governmental bodies for the benefit ofthe utility.

(c) Prohibitions. No securities will beplaced with any person who:

(1) Has performed any service oraccepted any fee or compensation withrespect to the proposed issuance ofsecurities prior to submission of bids orentry into negotiations for placement ofsuch securities; or

(2) Would be in violation of section305(a) of the Federal Power Act withrespect to the issuance.

6. In § 34.3, the heading andintroductory text are revised, the word

‘‘and’’ is added at the end of paragraph(e)(5), the phrase ‘‘; and’’ is removed atthe end of paragraph (e)(6), and replacedby a period, paragraphs (e)(7), (f) and (g)are removed and paragraphs (h), (i), (j),(k), (l), (m) and (n) are redesignated asparagraphs (f), (g), (h), (i), (j), (k) and (l),respectively to read as follows:

§ 34.3 Contents of application for issuanceof securities.

Each application to the Commissionfor authority to issue securities shallcontain the information specified in thissection. In lieu of filing the informationrequired in paragraphs (e), (i) and (j) ofthis section, a specific reference may bemade to the portion of the registrationstatement filed under § 34.4(f), whichincludes the information required inthese paragraphs.* * * * *

7. In § 34.4, paragraph (a) is revised,paragraphs (c), (g) and (h) are removed,paragraphs (d) and (e) are redesignatedas paragraphs (c) and (d), respectively,and revised, and a new paragraph (e) isadded to read as follows:

§ 34.4 Required exhibits.(a) Exhibit A. The applicant must file

the statement of corporate purposesfrom its articles of incorporation.* * * * *

(c) Exhibit C. The Balance Sheet andattached notes for the most recent 12-month period for which financialstatements have been published,provided that the 12-month periodended no more than 4 months prior tothe date of the filing of the application,on both an actual basis and a pro formabasis in the form prescribed for the‘‘Comparative Balance Sheet’’ of FERCForm No. 1, ‘‘Annual Report for majorelectric utilities, licensees and others.’’Each adjustment made in determiningthe pro forma basis must be clearlyidentified.

(d) Exhibit D. The Income Statementand attached notes for the most recent12-month period for which financialstatements have been published,provided that the 12-month periodended no more than 4 months prior tothe date of the filing of the application,on both an actual basis and a pro formabasis in the form prescribed for the‘‘Statement of Income for the Year’’ ofFERC Form No. 1, ‘‘Annual Report formajor electric utilities, licensees andothers.’’ Each adjustment made indetermining the pro forma basis must beclearly identified.

(e) Exhibit E. A Statement of CashFlows and Computation of InterestCoverage on an actual basis and a proforma basis for the most recent 12-month period for which financial

statements have been published,provided that the 12-month periodended no more than 4 months prior tothe date of the filing of the application.The Statement of Cash Flows must be inthe form prescribed for the ‘‘Statementof Cash Flows’’ of the FERC Form No.1, Annual Report for major electricutilities, licensees and others,’’ followedby a computation of interest coverage, inthe form of the following worksheet:

Federal Energy Regu-latory Commissionworksheet for com-putation of interest

coverage

Actual forthe yearended

mm-dd-yy

OMBcontrol

No.1902–

0043, proforma forthe yearended

mm-dd-yy

Net incomeAdd: Interest on

Long-Term Debt,Interest on Short-Term Debt, OtherInterest Expense,Total Interest Ex-penseFederal and State

Income TaxesIncome Before Inter-

est and IncomeTaxesComputation of

Interest CoverageTotal Interest Ex-

pense ÷ IncomeBefore Interest andIncome Taxes = In-terest Coverage

* * * * *8. Section 34.10 is revised to read as

follows:

§ 34.10 Reports.

The applicant must file reports under§ 131.43 and § 131.50 of this chapter nolater than 30 days after the sale orplacement of long-term debt or equitysecurities or the entry into guarantees orassumptions of liabilities pursuant toauthority granted under this part.

PART 35—FILING OF RATESCHEDULES

9. The authority citation for Part 35continues to read as follows:


10. In § 35.13, paragraph (a)(2)(i) isrevised, paragraphs (a)(2)(ii) and(a)(2)(iii) are redesignated as paragraphs(a)(2)(iii) and (a)(2)(iv) and newlydesignated (a)(2)(iii) is revised, a newparagraph (a)(2)(ii) is added, paragraph(d)(1) introductory text is revised andparagraph (h)(24) is amended to add a


sentence at the end of the paragraph, toread as follows:

§ 35.13 Filing of changes in rateschedules.

(a) General rule. * * *(2) Abbreviated filing requirements—

(i) For certain small rate increases. Anyutility that files a rate increase for poweror transmission services not covered byparagraph (a)(2)(ii) of this section mayelect to file under this paragraph insteadof paragraph (a)(1) of this section, if theproposed increase for the Test Period, asdefined in paragraph (a)(2)(i)(A) of thissection, is equal to or less than$200,000, regardless of customerconsent, or equal to or less than $1million if all wholesale customers thatbelong to the affected rate class consent.

(A) Definition: The Test Period, forpurposes of paragraph (a)(2)(i) of thissection, means the most recent calendaryear for which actual data are available,the last day of which is no more thanfifteen months before the date of tenderfor filing under § 35.1 of the notice ofrate schedule.

(B) Any utility that elects to file underthis subparagraph must file thefollowing information, conforming itssubmission to any rule of generalapplicability and to any Commissionorder specifically applicable to suchutility:

(1) A complete cost of service analysisfor the Test Period, consistent with therequirements of paragraph (h)(36),Statement BK, of this section.

(2) A complete derivation andexplanation of all allocation factors andspecial assignments, consistent with theinformation required in § 35.12(b)(5).

(3) A complete calculation ofrevenues for the Test Period and for thefirst 12 months after the proposedeffective date, consistent with therequirements of paragraph (c)(1) of thissection.

(4) If the proposed rates contain a fuelcost or purchased economic poweradjustment clause, as defined in § 35.14,the company must provide thederivation of its base cost of fuel (Fb)and its monthly fuel factors (Fm) for theTest Period and the resulting fueladjustment clause revenues. If any proforma adjustments affect the fuel clausein any way, the company must show theimpact on Fm, kWh sales in the baseperiod (Sm), Fb and kWh sales in thecurrent period (Sb), as well as on fueladjustment clause revenues.

(5) Rate design calculations andnarrative consistent with theinformation required in paragraph(h)(37) of this section and in§ 35.12(b)(5).

(6) The information required inparagraphs (b), (c)(2) and (c)(3) of thissection and in § 35.12(b)(2).

(C) Data shall be reconciled with theutility’s most recent FERC Form 1. If theutility has not yet submitted Form 1 forthe Test Period, the utility shall submitthe relevant Form 1 pages in draft form.

(D) The utility may make pro formaadjustments for post-Test Periodchanges that occur before the proposedeffective date and that are known andmeasurable at the time of filing. Theutility shall provide a narrativestatement explaining all pro formaadjustments.

(E) If the utility models its filing inwhole or in part on retail rate decisionsor settlements, the utility must providedetailed calculations and a narrativestatement showing how all retail ratetreatments are factored into the cost ofservice.

(F) If the Commission sets the filingfor hearing, the Commission will allowthe company a specific time period inwhich to file testimony, exhibits, andsupplemental workpapers to completeits case-in-chief. While not requiredunder this subpart, a utility may elect tosubmit Statements AA through BM forthe Test Period in accord with therequirements of paragraphs (d), (g) and(h) of this section.

(ii) Rate increases for service of shortduration or for interchange orcoordination service. Any utility thatfiles a rate increase for any service ofshort duration and of a type for whichthe need and usage cannot bereasonably forecasted (such asemergency or short-term power), or forservice that is an integral part of acoordination and interchangearrangement, may submit with its filingonly the information required inparagraphs (b), (c) and (h)(37) of thissection and in § 35.12(b)(2) and (b)(5),conforming its submission to any rule ofgeneral applicability and to anyCommission order specificallyapplicable to such utility.

(iii) For rate schedule changes otherthan rate increases. Any utility that filesa rate schedule change that does notprovide for a rate increase or thatprovides for a rate increase that is basedsolely on a change in delivery points, achange in delivery voltage, or a similarchange in service, must submit with itsfiling only the information required inparagraphs (b) and (c) of this section.* * * * *

(d) Cost of service information—(1)Filing of Period I data. Any utility thatis required under paragraph (a)(1) of thissection to submit cost of serviceinformation, or that is subject to the

exceptions in paragraphs (a)(2)(i) and(a)(2)(ii) of this section but elects to filesuch information, shall submitStatements AA through BM underparagraph (h) of this section using:* * * * *

(h) Cost of service statements. * * *(24) Statement AX—Other recent and

pending rate changes. * * *Notwithstanding any other provision ofthis section, Statement AX is required tobe filed only if the proposed rate designtracks retail rates.* * * * *

PART 41—ACCOUNTS, RECORDSAND MEMORANDA

11. The authority citation for Part 41is revised to read as follows:

Authority: 16 U.S.C. 791a–825r, 2601–2645; 42 U.S.C. 7101–7352.

12. Section 41.3 is amended byadding a sentence at the end of thesection to read as follows:

§ 41.3 Facts and argument.

* * * If a person consents to thematter being handled under theshortened procedure, that person haswaived any right to subsequentlyrequest a hearing under § 41.7 and maynot later request such a hearing.

13. Section 41.7 is revised to read asfollows:

§ 41.7 Assignment for oral hearing.

Except when there are no materialfacts in dispute, when a person does notconsent to the shortened procedure, theCommission will assign the proceedingfor hearing as provided by subpart E ofpart 385 of this chapter.Notwithstanding a person’s not givingconsent to the shortened procedure, andinstead seeking assignment for hearingas provided for by subpart E of part 385of this chapter, the Commission will notassign the proceeding for a hearingwhen no material facts are in dispute.The Commission may also, in itsdiscretion, at any stage in theproceeding, set the proceeding forhearing.

PART 131—FORMS

14. The authority section for Part 131is revised to read as follows:


15. Subchapter D is amended byrevising the heading of the subchapter,by revising § 131.50 and by adding§ 131.80, to read as follows:


Subchapter D—Approved Forms, FederalPower Act and Public Utility RegulatoryPolicies Act of 1978

PART 131—FORMS

* * * * *

§ 131.50 Reports of proposals received.

No later than 30 days after the sale orplacement of long-term debt or equitysecurities or the entry into guarantees orassumptions of liabilities (collectivelyreferred to as ‘‘placement’’) pursuant toauthority granted under Part 34 of thischapter, the applicant must file asummary of each proposal or proposalsreceived for the placement. Theproposal or proposals accepted must beindicated. The information to be filedmust include:

(a) Par or stated value of securities;(b) Number of units (shares of stock,

number of bonds) issued;(c) Total dollar value of the issue;(d) Life of the securities, including

maximum life and average life ofsinking fund issue;

(e) Dividend or interest rate;(f) Call provisions;(g) Sinking fund provisions;(h) Offering price;(i) Discount or premium;(j) Commission or underwriter’s

spread;(k) Net proceeds to company for each

unit of security and for the total issue;(l) Net cost to the company for

securities with a stated interest ordividend rate.

§ 131.80 FERC Form No. 556, Certificationof qualifying facility status for an existingor a proposed small power production orcogeneration facility.

(See § 292.207 of this chapter.)

FERC FORM 556, OMB No. 1902–0075Expires llll

Certification of Qualifying FacilityStatus for an Existing or a ProposedSmall Power Production orCogeneration Facility

(To be completed for the purpose ofdemonstrating up-to-date conformancewith the qualification criteria of Section292.203(a)(1) or Section 292.203(b),based on actual or planned operatingexperience)

General instructions: Part A of theform should be completed by all smallpower producers or cogenerators. Part Bapplies to small power productionfacilities. Part C applies to cogenerationfacilities. All references to sections arewith regard to Part 292 of Title 18 of theCode of Federal Regulations, unlessotherwise indicated.

Part A—General Information To BeSubmitted by all Applicants

1a. Full name:Docket Number assigned to the

immediately preceding submittal filedwith the Commission in connectionwith the instant facility, if any:QFlll–lll–lll.

Purpose of instant filing (self-certification or self-recertification(Section 292.207(a)(1)), or applicationfor Commission certification orrecertification (Sections 292.207 (b) and(d)(2))):

1b. Full address of applicant:1c. Indicate the owner(s) of the

facility (including the percentage ofownership held by any electric utility orelectric utility holding company, or byany persons owned by either) and theoperator of the facility. Note that anycombination of direct and/or indirectelectric utility or electric utility holdingcompany ownership cannot exceed 50percent of the total ownership (Sections292.206 and 292.202(n)). For non-electric utility owners, identify theupstream owners, including ownersholding 10 percent or more of the equityinterest of such non-electric utilityowners. Additionally, state whether ornot any of the non-electric utilityowners or their upstream owners areengaged in the generation or sale ofelectric power, or have any ownershipor operating interest in any electricfacilities other than qualifying facilities.In order to facilitate review of theapplication, the applicant may alsoprovide an ownership chart identifyingthe upstream ownership of the facility.Such chart should indicate ownershippercentages where appropriate.

1d. Signature of authorized individualevidencing accuracy and authenticity ofinformation provided by applicant:

2. Person to whom communicationsregarding the filed information may beaddressed:Name:Title:Telephone number:Mailing address:

3a. Location of facility to be certified:State:County:City or town:Street address (if known):

3b. Indicate the electric utilities thatare contemplated to transact with thequalifying facility (if known) anddescribe the services those electricutilities are expected to provide:utilities interconnecting with the facilityand/or providing wheeling service(Section 292.303(c) and (d)): utilitiespurchasing the useful electric power

output (Sections 292.101(b)(2),292.202(g) and 292.303(a)): utilitiesproviding supplementary power,backup power, maintenance power,and/or interruptible power service(Sections 292.101(b) (3) and (8),292.303(b) and 292.305(b)):

4a. Describe the principal componentsof the facility including boilers, primemovers and electric generators, andexplain their operation. Includetransmission lines, transformers andswitchyard equipment, if included aspart of the facility.

4b. Indicate the maximum gross andmaximum net electric power productioncapacity of the facility at the point(s) ofdelivery and show the derivation.

4c. Indicate the actual or expectedinstallation and operation dates of thefacility, or the actual or expected date ofcompletion of the reported modificationto the facility:

4d. Describe the primary energy input(e.g., hydro, coal, oil (Section292.202(l)), natural gas (Section292.202(k)), solar, geothermal, wind,waste, biomass (Section 292.202(a)), orother). For a waste energy input thatdoes not fall within one of the categorieson the Commission’s list of previouslyapproved wastes, demonstrate that suchenergy input has little or no currentcommercial value and that it exists inthe absence of the qualifying facilityindustry (Section 292.202(b)).

5. Provide the average annual hourlyenergy input in terms of Btu for thefollowing fossil fuel energy inputs, andprovide the related percentage of thetotal average annual hourly energy inputto the facility (Section 292.202(j)). Forany oil or natural gas fuel, use lowerheating value (Section 292.202(m)):Natural gas:Oil:Coal (applicable only to a small power

production facility):6. Discuss any particular

characteristic of the facility which thecogenerator or small power producerbelieves might bear on its qualifyingstatus.

Part B—Description of the Small PowerProduction Facility

7. Describe how fossil fuel use willnot exceed 25 percent of the totalannual energy input limit (Sections292.202(j) and 292.204(b)). Also,describe how the use of fossil fuel willbe limited to the following purposes toconform to Federal Power Act Section3(17)(B): Ignition, start-up, testing, flamestabilization, control use, and minimalamounts of fuel required to alleviate orprevent unanticipated equipmentoutages and emergencies directlyaffecting the public.


8. If the facility reported herein is notan eligible solar, wind, waste orgeothermal facility, and if any othernon-eligible facility located within onemile of the instant facility is owned byany of the entities (or their affiliates)reported in Part A at item 1c. above anduses the same primary energy input,provide the following information aboutthe other facility for the purpose ofdemonstrating that the total of thepower production capacities of thesefacilities does not exceed 80 MW(Section 292.204(a)):Facility name, if any (as reported to the

Commission):Commission Docket Number: QFlll–

lll–lllName of common owner:Common primary energy source used as

energy input:Power production capacity (MW):

An eligible solar, wind, waste orgeothermal facility, as defined inSection 3(17)(E) of the Federal PowerAct, is a small power production facilitythat produces electric energy solely bythe use, as a primary energy input, ofsolar, wind, waste or geothermalresources, for which either anapplication for Commission certificationof qualifying status (Section 292.207(b))or a notice of self-certification ofqualifying status (Section 292.207(a))was submitted to the Commission notlater than December 31, 1994, and forwhich construction of such facilitycommences not later than December 31,1999, or if not, reasonable diligence isexercised toward the completion of suchfacility, taking into account all factorsrelevant to construction of the facility.

Part C—Description of the CogenerationFacility

9. Describe the cogeneration system(Sections 292.202(c) and 292.203(b)),and state whether the facility is atopping-cycle (Section 292.202(d)) orbottoming-cycle (Section 292.202(e))cogeneration facility.

10. To demonstrate the sequentialityof the cogeneration process (Section292.202(s)) and to support compliancewith other requirements such as theoperating and efficiency standards (item11 below), provide a mass and heatbalance (cycle) diagram depictingaverage annual hourly operatingconditions. Also, provide:

Using lower heating value (Section292.202(m)), all fuel flow inputs in Btu/hr., separately indicating fossil fuelinputs for any supplementary firing inBtu/hr. (Section 292.202(f)):

Average net electric output (kW orMW) (Section 292.202(g));

Average net mechanical output inhorsepower (Section 292.202(g));

Number of hours of operation used todetermine the average annual hourlyfacility inputs and outputs; and

Working fluid (e.g., steam) flowconditions at input and output of primemover(s) and at delivery to and returnfrom each useful thermal application:Flow rates (lbs./hr.):Temperature (deg.F):Pressure (psia):Enthalpy (Btu/lb.):

11. Compute the operating value(applicable to a topping-cycle facilityunder Section 292.205(a)(1)) and theefficiency value (Sections 292.205(a)(2)and Section 292.205(b)), based on theinformation provided in andcorresponding to item 10, as follows:Pt=Average annual hourly useful

thermal energy outputPe=Average annual hourly electrical

outputPm=Average annual hourly mechanical

outputPi=Average annual hourly energy input

(natural gas or oil)Ps=Average annual hourly energy input

for supplementary firing (naturalgas or oil)

Operating standard=5% or moreOperating value=Pt/(Pt+Pe+Pm)

Efficiency standard applicable tonatural gas and oil fuel used in atopping-cycle facility:=45% or more when operating value is

less than 15%, or 42.5% or morewhen operating value is equal to orgreater than 15%.

Efficiency value=(Pe+Pm+0.5Pt)/(Pi+Ps)Efficiency standard applicable to

natural gas and oil fuel used forsupplementary firing component of abottoming-cycle facility:=45% or moreEfficiency value=(Pe+Pm)/Ps

For Topping-Cycle CogenerationFacilities

12. Identify the entity (i.e., thermalhost) which will purchase the usefulthermal energy output from the facility(Section 292.202(h)). Indicate whetherthe entity uses such output for thepurpose of space and water heating,space cooling, and/or process use.

13. In connection with therequirement that the thermal energyoutput be useful (Section 292.202(h)):

For process uses by commercial orindustrial host(s), describe each process(or group of similar processes using thesame quality of steam) and provide theaverage annual hourly thermal energymade available to the process, lessprocess return. For a complex system,where the primary steam header at thehost-side is divided into various sub-

uses, each having different pressure andtemperature characteristics, describe theprocesses associated with each sub-useand provide the average annual hourlythermal energy delivered to each sub-use, less process return from such sub-use. Provide a diagram showing themain steam header and the sub-useswith other relevant information such asthe average header pressure (psia), thetemperature (deg.F), the enthalpy (Btu/lb.), and the flow (lb./hr.), both in andout of each sub-use. For space and waterheating, describe the type of heatinginvolved (e.g., office space heating,domestic water heating) and provide theaverage annual hourly thermal energydelivered and used for such purpose.For space cooling, describe the type ofcooling involved (e.g., office spacecooling) and provide the average annualhourly thermal energy used by thechiller.

For Bottoming-Cycle Facilities14. Provide a description of the

commercial or industrial process orother thermal application to which theenergy input to the system is firstapplied and from which the reject heatis then used for electric powerproduction.

PART 292—REGULATIONS UNDERSECTIONS 201 AND 210 OF THEPUBLIC UTILITY REGULATORYPOLICIES ACT OF 1978 WITH REGARDTO SMALL POWER PRODUCTION ANDCOGENERATION



17. In § 292.101, paragraph (b)(1) isrevised to read as follows:

§ 292.101 Definitions.

* * * * *(b) Definitions. * * *(1) Qualifying facility means a

cogeneration facility or a small powerproduction facility that is a qualifyingfacility under Subpart B of this part.

(i) A qualifying facility may includetransmission lines and other equipmentused for interconnection purposes(including transformers and switchyardequipment), if:

(A) Such lines and equipment areused to supply power output to directlyand indirectly interconnected electricutilities, and to end users, includingthermal hosts, in accordance with statelaw; or

(B) Such lines and equipment areused to transmit supplementary,standby, maintenance and backuppower to the qualifying facility,


including its thermal host meeting thecriteria set forth in Union CarbideCorporation, 48 FERC ¶ 61,130, reh’gdenied, 49 FERC ¶ 61,209 (1989), aff’dsub nom., Gulf States Utilities Companyv. FERC, 922 F.2d 873 (D.C. Cir. 1991);or

(C) If such lines and equipment areused to transmit power from otherqualifying facilities or to transmitstandby, maintenance, supplementaryand backup power to other qualifyingfacilities.

(ii) The construction and ownershipof such lines and equipment shall besubject to any applicable Federal, state,and local siting and environmentalrequirements.* * * * *

18. In § 292.202, paragraphs (b), (d),(e) and (h) are revised and paragraph (s)is added to read as follows:

§ 292.202 Definitions.* * * * *

(b) Waste means an energy input thatis listed below in this subsection, or anyenergy input that has little or no currentcommercial value and exists in theabsence of the qualifying facilityindustry. Should a waste energy inputacquire commercial value after a facilityis qualified by way of Commissioncertification pursuant to § 292.207(b), orself-certification pursuant to§ 292.207(a), the facility will not lose itsqualifying status for that reason. Wasteincludes, but is not limited to, thefollowing materials that the Commissionpreviously has approved as waste:

(1) Anthracite culm produced prior toJuly 23, 1985;

(2) Anthracite refuse that has anaverage heat content of 6,000 Btu or lessper pound and has an average ashcontent of 45 percent or more;

(3) Bituminous coal refuse that has anaverage heat content of 9,500 Btu perpound or less and has an average ashcontent of 25 percent or more;

(4) Top or bottom subbituminous coalproduced on Federal lands or on Indianlands that has been determined to bewaste by the United States Departmentof the Interior’s Bureau of LandManagement (BLM) or that is located onnon-Federal or non-Indian lands outsideof BLM’s jurisdiction, provided that theapplicant shows that the latter coal is anextension of that determined by BLM tobe waste.

(5) Coal refuse produced on Federallands or on Indian lands that has beendetermined to be waste by the BLM orthat is located on non-Federal or non-Indian lands outside of BLM’sjurisdiction, provided that applicantshows that the latter is an extension ofthat determined by BLM to be waste.

(6) Lignite produced in associationwith the production of montan wax andlignite that becomes exposed as a resultof such a mining operation;

(7) Gaseous fuels, except:(i) Synthetic gas from coal; and(ii) Natural gas from gas and oil wells

unless the natural gas meets therequirements of § 2.400 of this chapter;

(8) Petroleum coke;(9) Materials that a government

agency has certified for disposal bycombustion;

(10) Residual heat;(11) Heat from exothermic reactions;(12) Used rubber tires;(13) Plastic materials; and(14) Refinery off-gas.

* * * * *(d) Topping-cycle cogeneration

facility means a cogeneration facility inwhich the energy input to the facility isfirst used to produce useful poweroutput, and at least some of the rejectheat from the power production processis then used to provide useful thermalenergy;

(e) Bottoming-cycle cogenerationfacility means a cogeneration facility inwhich the energy input to the system isfirst applied to a useful thermal energyapplication or process, and at least someof the reject heat emerging from theapplication or process is then used forpower production;* * * * *

(h) Useful thermal energy output of atopping-cycle cogeneration facilitymeans the thermal energy:

(1) That is made available to anindustrial or commercial process (net ofany heat contained in condensate returnand/or makeup water);

(2) That is used in a heatingapplication (e.g., space heating,domestic hot water heating); or

(3) That is used in a space coolingapplication (i.e., thermal energy used byan absorption chiller).* * * * *

(s) Sequential use of energy means:(1) For a topping-cycle cogeneration

facility, the use of reject heat from apower production process in sufficientamounts in a thermal application orprocess to conform to the requirementsof the operating standard; or

(2) For a bottoming-cycle cogenerationfacility, the use of reject heat from athermal application or process, at leastsome of which is then used for powerproduction.

19. In § 292.204, paragraphs (a)(1) and(b)(2) are revised to read as follows:

§ 292.204 Criteria for qualifying smallpower production facilities.

(a) Size of the facility.—(1) Maximumsize. There is no size limitation for an

eligible solar, wind, waste or facility, asdefined by section 3(17)(E) of theFederal Power Act. For a non-eligiblefacility, the power production capacityfor which qualification is sought,together with the power productioncapacity of any other non-eligible smallpower production facilities that use thesame energy resource, are owned by thesame person(s) or its affiliates, and arelocated at the same site, may not exceed80 megawatts.* * * * *

(b) Fuel use. * * *(2) Use of oil, natural gas and coal by

a facility, under section 3(17)(B) of theFederal Power Act, is limited to theminimum amounts of fuel required forignition, startup, testing, flamestabilization, and control uses, and theminimum amounts of fuel required toalleviate or prevent unanticipatedequipment outages, and emergencies,directly affecting the public health,safety, or welfare, which would resultfrom electric power outages. Such fueluse may not, in the aggregate, exceed 25percent of the total energy input of thefacility during the 12-month periodbeginning with the date the facility firstproduces electric energy and anycalendar year subsequent to the year inwhich the facility first produces electricenergy.

20. In § 292.205, paragraphs (a)(1),(a)(2)(i) introductory text, and (b)(1) arerevised to read as follows:

§ 292.205 Criteria for qualifyingcogeneration facilities.

(a) Operating and efficiency standardsfor topping-cycle facilities.

(1) Operating standard. For anytopping-cycle cogeneration facility, theuseful thermal energy output of thefacility must be no less than 5 percentof the total energy output during the 12-month period beginning with the datethe facility first produces electricenergy, and any calendar yearsubsequent to the year in which thefacility first produces electric energy.

(2) Efficiency standard. (i) For anytopping-cycle cogeneration facility forwhich any of the energy input is naturalgas or oil, and the installation of whichbegan on or after March 13, 1980, theuseful power output of the facility plusone-half the useful thermal energyoutput, during the 12-month periodbeginning with the date the facility firstproduces electric energy, and anycalendar year subsequent to the year inwhich the facility first produces electricenergy, must:* * * * *

(b) Efficiency standards for bottoming-cycle facilities. (1) For any bottoming-cycle cogeneration facility for which


any of the energy input assupplementary firing is natural gas oroil, and the installation of which beganon or after March 13, 1980, the usefulpower output of the facility during the12-month period beginning with thedate the facility first produces electricenergy, and any calendar yearsubsequent to the year in which thefacility first produces electric energymust be no less than 45 percent of theenergy input of natural gas and oil forsupplementary firing.* * * * *

21. In § 292.207, paragraphs (a), (b)and (d) are revised to read as follows:

§ 292.207 Procedures for obtainingqualifying status.

(a) Self-certification and pre-authorized Commissionrecertification.—(1) Self-certification. (i)A small power production facility orcogeneration facility that meets theapplicable criteria established in§ 292.203 is a qualifying facility.

(ii) The owner or operator of a facilityor its representative self-certifyingunder this section must file with theCommission, and concurrently serve oneach electric utility with which itexpects to interconnect, transmit or sellelectric energy to or purchasesupplementary, standby, back-up andmaintenance power, and the Stateregulatory authority of each state wherethe facility and each affected utility islocated, a notice of self-certificationwhich contains a completed Form 556.

(iii) Subsequent notices of self-recertification for the same facility mayreference prior notices or priorCommission certifications, and needonly refer to changes which haveoccurred with respect to the facilitysince the prior notice or the priorCommission certification.

(iv) Notices of self-certification or self-recertification will not be published inthe Federal Register.

(2) Pre-authorized Commissionrecertification. (i) For purposes ofparagraph (b) of this section, thefollowing alterations or modificationsare not considered substantialalterations or modifications and will notresult in revocation of qualifying statuspreviously granted by the Commissionpursuant to paragraph (b) of this section:

(A) A change which does not affectthe upstream ownership of the facility;

(B) A change in the installation oroperation date;

(C) A change in the manufacturer ofthe power generation equipmentselected for the facility’s installationwhen there is no change in capacity oroperating characteristics;

(D) A change in the location of acogeneration facility, or a small powerproduction facility, if the new locationwould not cause the facility to violatethe 80 MW limitation of § 292.204(a)(1);

(E) A decrease in the amount ofnatural gas or oil or any change in theamount of other fuel used by acogeneration facility, provided that theefficiency value and the operating valuecalculation for the facility remain at orabove the values stated when thecertification or recertification order wasissued;

(F) A decrease in the amount of fossilfuel used by a small power productionfacility;

(G) A change in the primary energysource of a small power productionfacility, provided that the facilitycontinues to comply with therequirements of § 292.204;

(H) An additional use of acogeneration facility’s thermal output, ifthe original uses are as stated when thecertification order was issued;

(I) An increase in the efficiency valueof a cogeneration facility or an increasein the operating value of a cogenerationfacility determined in accordance with§ 292.205;

(J) A decrease in the powerproduction capacity of a small powerproduction facility;

(K) A change in the power productioncapacity of a cogeneration facility if theefficiency value and the operating valuecalculation for the facility remain at orabove the values stated when thecertification or recertification order wasissued; or

(L) A change in the purchaser of thecogeneration facility’s thermal output,when there is no change in the specifiedthermal application or process.

(ii) The owner or operator of aqualifying facility that has been certifiedunder paragraph (b) of this section mustfile with the Commission notice of eachchange listed in this subsection, andmust concurrently serve a copy of suchnotice on each electric utility withwhich it expects to interconnect,transmit or sell electric energy to, orpurchase supplementary, standby, back-up and maintenance power, and theState regulatory authority of each statewhere the facility and each affectedelectric utility is located.

(b) Optional procedure—(1)Application for Commissioncertification. In lieu of the certificationprocedures in paragraph (a) of thissection, an owner or operator of afacility or its representative may filewith the Commission an application forCommission certification that thefacility is a qualifying facility. Theapplication must be accompanied by the

fee prescribed by part 381 of thischapter.

(2) General contents of application.The application must include acompleted Form 556.

(3) Commission action. (i) Within 90days of the later of the filing of anapplication or the filing of asupplement, amendment or otherchange to the application, theCommission will either: inform theapplicant that the application isdeficient; or issue an order granting ordenying the application; or toll the timefor issuance of an order. Any orderdenying certification shall identify thespecific requirements which were notmet. If the Commission does not actwithin 90 days of the date of the latestfiling, the application shall be deemedto have been granted.

(ii) For purposes of paragraph (b) ofthis section, the date an application isfiled is the date by which the Office ofthe Secretary has received all of theinformation and the appropriate filingfee necessary to comply with therequirements of this Part.

(4) Notice. (i) Applications forcertification filed under paragraph (b) ofthis section must include a copy of anotice of the request for certification forpublication in the Federal Register. Thenotice must state the applicant’s name,the date of the application, a descriptionof the facility for which qualification issought and, if known, the names of theelectric utilities to which the facilityexpects to interconnect, transmit or sellelectric energy, or from which thefacility expects to purchasesupplementary, standby, back-up andmaintenance power. This descriptionmust include:

(A) A statement indicating whethersuch facility is a small powerproduction facility or a cogenerationfacility;

(B) The primary energy source used orto be used by the facility;

(C) The power production equipmentand capacity of the facility; and

(D) The location of the facility.(ii) The notice must be in the

following form:(Name of Applicant)Docket No. QF–

NOTICE OF APPLICATION FORCOMMISSION CERTIFICATION OFQUALIFYING STATUS OF A (SMALLPOWER PRODUCTION) (COGENERATION)FACILITY

On (date application was filed), (name andaddress of applicant) filed with the FederalEnergy Regulatory Commission anapplication for certification (orrecertification) of a facility as a qualifying(small power production) (cogeneration)facility pursuant to § 292.207(b) of the


Commission’s regulations. No determinationhas been made that the submittal constitutesa complete filing.[Description of facility.][Names of the electric utilities with whichthe facility expects to interconnect, transmitor sell electric energy to, or purchasesupplementary, standby, back-up andmaintenance power (if known).]

Any person who wishes to be heard or toobject to granting qualifying status shouldfile a motion to intervene or protest with theFederal Energy Regulatory Commission, 825North Capitol Street, NE., Washington, DC20426, in accordance with rules 211 and 214of the Commission’s Rules of Practice andProcedure. A motion or protest must be filedwithin lll days after the date ofpublication of this notice and must be servedon the applicant. Protests will be consideredby the Commission in determining theappropriate action to be taken but will notserve to make protestants parties to theproceeding. A person who wishes to becomea party must file a motion to intervene.Copies of this application are on file with theCommission and are available for publicinspection.

* * * * *(d) Revocation of qualifying status

(1)(i) If a qualifying facility fails toconform with any material facts orrepresentations presented by thecogenerator or small power producer inits submittals to the Commission, thenotice of self-certification of thequalifying status of the facility, pre-authorized Commission re-certificationnotice, or Commission order certifyingthe qualifying status of the facility mayno longer be relied upon. At that point,if the facility continues to conform tothe Commission’s qualifying criteriaunder this part, the cogenerator or smallpower producer may file either a noticeof self-recertification of qualifying statuspursuant to the requirements ofparagraph (a)(1) of this section, a pre-authorized Commission recertificationnotice pursuant to the requirements ofparagraph (a)(2) of this section, or anapplication for Commissionrecertification pursuant to therequirements of paragraph (b) of thissection, as appropriate.

(ii) The Commission may, on its ownmotion or on the motion of any person,revoke the qualifying status of a facilitythat has been certified under paragraph(b) of this section, if the facility fails toconform to any of the Commission’squalifying facility criteria under thispart.

(iii) The Commission may revoke thequalifying status of a self-certifiedqualifying facility upon the filing of apetition for a declaratory order that theself-certified qualifying facility does notmeet applicable requirements forqualifying facilities.

(2) Prior to undertaking anysubstantial alteration or modification ofa qualifying facility which has beencertified under paragraph (b) of thissection, a small power producer orcogenerator may apply to theCommission for a determination that theproposed alteration or modification willnot result in a revocation of qualifyingstatus. This application for Commissionrecertification of qualifying statusshould be submitted in accordance withparagraph (b) of this section.

PART 294—PROCEDURES FORSHORTAGES OF ELECTRIC ENERGYAND CAPACITY UNDER SECTION 206OF THE PUBLIC UTILITYREGULATORY POLICIES ACT OF 1978


Authority: 5 U.S.C. 553; 16 U.S.C. 791a–825r; 42 U.S.C. 7107–7352.

23. In § 294.101, paragraphs (b)(5) and(f) are added as follows:

§ 294.101 Shortages of electric energy andcapacity.

* * * * *(b) Accommodation of shortages.

* * *(5) Notwithstanding any other

provision of this section, a public utilityneed not file the statement with theCommission if the public utilityprovides in its rate schedules to firmpower wholesale customers that:

(i) During electric energy and capacityshortages it will treat without unduediscrimination or preference, prejudice,or disadvantage firm power wholesalecustomers; and

(ii) It will report any modifications toits contingency plans foraccommodating shortages within 15days to:

(A) The appropriate State regulatoryagency and

(B) To the affected wholesalecustomers.* * * * *

(f) Report of anticipated shortage.Notwithstanding any other provision ofthis part, if a public utility provides inits rate schedule that it will make suchreports to the appropriate stateregulatory agency and to its firm powerwholesale requirements customers, thenit need only report to the Commissionthe nature and projected duration of theanticipated capacity or energy supplyshortage and supply a list of the firmpower wholesale customers affected orlikely to be affected by the shortage.Upon receiving the public utility’sreport of anticipated shortage of electricenergy or capacity, the Commission will

decide what further reports, if any, torequire.

PART 382—ANNUAL CHARGES

24. The authority citation for part 382is revised to read as follows:

Authority: 5 U.S.C 551–557; 15 U.S.C 717–717w, 3301–3432; 16 U.S.C. 791a–825r,2601–2645; 42 U.S.C. 7101–7352; 49 U.S.C.60502; 49 App. U.S.C. 1–85.

25. In § 382.102, paragraphs (h), (i), (j)and (k) are revised, paragraphs (l), (m)and (n) are removed, and paragraphs (o),(p), (q), (r) and (s) are redesignated (l),(m), (n), (o) and (p), respectively to readas follows:


* * * * *(h) Long-term firm sales and

transmission activities means theportion of the Commission’s electricregulatory program devoted to theregulation of long-term firm sales andtransmission.

(1) Long-term firm sales are thejurisdictional sales of capacity andenergy under contracts that do notanticipate service interruptions, and areof five years or more duration. Thecapacity and energy must be available toa resale customer at all times during theperiod covered by a commitment, evenunder adverse conditions. This includessales supplying the full requirements orpartial requirements of a customer, andsales of energy from unit or systemcapacity of a long-term duration (fiveyears or more) under contracts that donot anticipate service interruptionswhen capacity is operationallyavailable. These sales are those reportedin the FERC Form No. 1 in Account 447as Sales-for-Resale transactions withstatistical classifications of RQ, LF orLU or sales determined on a basisconsistent with FERC Form No. 1reporting for those public utilitiesexempt from § 141.1 of this chapter.

(2) Long-term firm transmission isjurisdictional transmission of capacityand energy under contracts that do notanticipate service interruptions, and areof one year or more duration. Thistransmission is that reported in theFERC Form No. 1 in Account 456 asTransmission for Others transactionswith the statistical classification of LFor transmission for others determinedon a basis consistent with FERC FormNo. 1 reporting for those public utilitiesexempt from § 141.1 of this chapter. AllMWhs attributable to sales andtransmission transactions are to bereported in their respective accounts onthe FERC Form No. 1 irrespective of themethod of billing.


(i) Short-term sales and transmissionand exchange activities means theportion of the Commission’s electricregulatory program consisting of theregulation of all jurisdictional sales,exchange and transmission of capacityand energy except those described inparagraph (h) of this section. Thisincludes exchange delivered as reportedin the FERC Form No. 1 in Account 555as Gross Exchange Deliveredtransactions with the statisticalclassification of EX or gross exchangedelivered determined on a basisconsistent with FERC Form No. 1reporting for those public utilitiesexempt from § 141.1 of this chapter. AllMWhs attributable to sales andtransmission transactions are to bereported in their respective accounts inthe FERC Form No. 1 irrespective of themethod of billing.

(j) Long-term firm sales andtransmission megawatt-hours means thenumber of megawatt-hours of electricalenergy associated with the transactionsdescribed in paragraph (h) of thissection, and the rates, charges, termsand conditions of which are regulatedby the Commission.

(k) Short-term sales and transmissionand exchange megawatt-hours meansthe number of megawatt-hours ofelectrical energy associated with thetransactions described in paragraph (i)of this section, the rates, charges, termsand conditions of which are regulatedby the Commission.* * * * *

26. In § 382.201, paragraph (a) and (b)are revised and the worksheet inparagraph (b)(4)(ii) is removed, to readas follows:

§ 382.201 Annual charges under Parts IIand III of the Federal Power Act and relatedstatutes.

(a) Determination of costs to beassessed against public utilities. Theadjusted costs of administration of theelectric regulatory program, excludingthe costs of regulating the PowerMarketing Agencies and any electricalprograms for which separate applicationfees are collected, will be apportionedbetween long-term firm sales andtransmission activities and short-termsales and transmission and exchangeactivities in proportion to the total stafftime dedicated to each. The amountapportioned to long-term firm sales andtransmission activities will constitutelong-term firm sales and transmissioncosts, and the amount apportioned toshort-term sales and transmission andexchange activities will constitute short-term sales and transmission andexchange costs.

(b) Determination of annual chargesto be assessed against public utilities.(1) The long-term firm sales andtransmission costs determined underparagraph (a) of this section will beassessed against each public utilitybased on the proportion of the long-termfirm sales and transmission megawatt-hours of each public utility in theimmediately preceding reporting year(either a calendar year or fiscal year,depending on which accountingconvention is used by the public utilityto be charged) to the sum of the long-term firm sales and transmissionmegawatt-hours in the immediatelypreceding reporting year of all publicutilities being assessed annual charges.

(2) The short-term sales andtransmission and exchange costsdetermined under paragraph (a) of thissection will be assessed against eachpublic utility based on the proportion ofthe short-term sales and transmissionand exchange megawatt-hours of eachpublic utility in the immediatelypreceding reporting year (either acalendar year or fiscal year, dependingon which accounting convention is usedby the public utility to be charged) tothe sum of the short-term sales andtransmission and exchange megawatt-hours in the immediately precedingreporting year of all public utilitiesbeing assessed annual charges.

(3) The annual charges assessedagainst each public utility will be thesum of the amounts determined inparagraphs (b)(1) and (b)(2) of thissection.

(4) Reporting requirement. Forpurposes of computing annual charges,a public utility, as defined in§ 382.102(b) must submit under oath tothe Office of the Secretary by April 30of each year an original and conformedcopies of the following information(designated as FERC ReportingRequirement No. 582):

(i) The total annual long-term firmsales for resale and transmissionmegawatt-hours as defined in§ 382.102(j); and

(ii) The total annual short-term sales,transmission and exchange megawatt-hours as defined in § 382.102(k).* * * * *

PART 385—RULES OF PRACTICE ANDPROCEDURE


Authority: 5 U.S.C. 551–557; 15 U.S.C.717–717z, 3301–3432; 16 U.S.C. 791a–825r,2601–2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. U.S.C. 1–85.

§ 385.702 [Amended]

28. In § 385.702, paragraph (b) isremoved, and paragraph (c) isredesignated paragraph (b).

§ 385.708 [Amended]

29. In § 385.708, in paragraph (b)(1),the phrase ‘‘and, if appropriate underRule 717, a written revised initialdecision’’ is removed; in paragraph(b)(2)(i), the phrase ‘‘or oral revisedinitial’’ is removed; in paragraph (b)(3),the phrase ‘‘or, if appropriate underRule 717, any revised initial decision’’is removed; in paragraph (b)(4), thephrase ‘‘as appropriate’’ is removed andthe phrase ‘‘or revised initial’’ isremoved in both places where itappears; in paragraph (c), in the headingthe phrase ‘‘and revised initial’’ isremoved; in paragraph (c)(1), the phrase‘‘or, if appropriate, the revised initialdecision’’ is removed; in paragraph(c)(2), the phrase ‘‘or revised initial’’ isremoved; and in paragraph (d), in theheading the phrase ‘‘and revised initial’’and in the text the phrase ‘‘or, ifappropriate under Rule 717, a revisedinitial decision’’ are removed.

30. In § 385.711, in the heading thephrase ‘‘or revised initial’’ is removed,and in paragraph (a)(1)(i), the phrase ‘‘Inproceedings not subject to Rule 717,’’ isremoved, and the word ‘‘Any’’ iscapitalized.

§ 385.712 [Amended]

31. In § 385.712, in the heading thephrase ‘‘and revised initial’’ is removedand in paragraph (a) the phrase ‘‘orrevised initial’’ is removed.

§ 385.713 [Amended]

32. In § 385.713, in paragraph (a)(2)(i),the phrase ‘‘or, if appropriate underRules 717 and 711, to a revised initialdecision’’ is removed; in paragraph(a)(2)(iv), the phrase ‘‘or revised’’ isremoved; and in paragraph (a)(3), thephrase ‘‘or any revised initial decisionunder Rule 717’’ is removed.

§ 385.717 [Removed]

33. Section 385.717 is removed.

[FR Doc. 95–1449 Filed 1–24–95; 8:45 am]

BILLING CODE 6717–01–P


DEPARTMENT OF HOUSING ANDURBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 91

[Docket No. R–95–1731; FR–3611–C–03]

RIN 2501–AB72

Consolidated Submission forCommunity Planning and DevelopmentProgram, Final Rule; Correction

AGENCY: Office of the Secretary, HUD.ACTION: Final rule; correction.

SUMMARY: On January 5, 1995 (60 FR1878), the Department published in theFederal Register, a final rule thatconsolidated into a single consolidatedsubmission the planning andapplication aspects of theComprehensive Housing AffordabilityStrategies (CHAS), the CommunityDevelopment Block Grant (CDBG), theEmergency Shelter Grant (ESG), theHOME Investment Partnerships(HOME), and Housing Opportunities forPersons With AIDS (HOPWA) formulaprograms. The rule also consolidatedthe reporting requirements for thoseprograms, replacing five generalperformance reports with oneperformance report. In total, theconsolidated plan and consolidatedreport replaced 12 documents.

The purpose of this document is tocorrect the definition for the term‘‘Overcrowding’’ as it appeared in§ 91.5, and to add to the end of severalsections in 24 CFR part 91, the OMBapproval number for the paperworkburden requirements contained in thosesections.EFFECTIVE DATE: February 6, 1995.FOR FURTHER INFORMATION CONTACT:Joseph F. Smith, Director, PolicyCoordination, Office of CommunityPlanning and Development, 451Seventh Street, SW, Washington, DC20410–7000, telephone (202) 708–1283(voice) or (202) 708–2565 (TDD). (Theseare not toll-free telephone numbers.)Copies of this rule will be madeavailable on tape or large print for thosewith impaired vision that request them.They may be obtained at the aboveaddress.SUPPLEMENTARY INFORMATION:

Accordingly, FR Doc. 94–32150, afinal rule amending 24 CFR part 91, etal., Consolidated Submission forCommunity Planning and DevelopmentPrograms, published in the FederalRegister, on January 5, 1995 (60 FR1878), is corrected as follows:

1. On page 1898, in § 91.5, in the firstcolumn, the definition for the term

‘‘Overcrowding’’, is corrected to read asfollows:


* * * * *Overcrowding. For purposes of

describing relative housing needs, ahousing unit containing more than oneperson per room, as defined by the U.S.Census Bureau, for which data are madeavailable by the Census Bureau. (See 24CFR 791.402(b).)* * * * *

§§ 91.220, 91.225, 91.230, 91.235, 91.310,91.320, 91.330, 91.430 [Corrected]

2. On pages 1905, 1906, 1907, 1908,1910, 1911, and 1912, respectively,§§ 91.220, 91.225, 91.230, 91.235,91.310, 91.320, 91.330, and 91.430, arecorrected by adding to the end of eachsection the following phrase:(Approved by the Office of Management andBudget under control number 2506–0117).

Dated: January 19, 1995.Andrew Cuomo,Assistant Secretary for Community Planningand Development.[FR Doc. 95–1791 Filed 1–24–95; 8:45 am]BILLING CODE 4210–32–P

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 180

[PP 2E4148/R2093; FRL–4923–5]

RIN 2070–AB78

Sodium Chlorate; Exemption from theRequirement of a Tolerance

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

SUMMARY: This document establishes anexemption from the requirement of atolerance for residues of sodiumchlorate in or on the raw agriculturalcommodity potato when applied as adefoliant in accordance with goodagricultural practices. The InterregionalResearch Project No. 4 (IR-4) requestedthis exemption.EFFECTIVE DATE: This regulationbecomes effective January 25, 1995.ADDRESSES: Written objections,identified by the document controlnumber, [PP 2E4148/R2093], may besubmitted to: Hearing Clerk (1900),Environmental Protection Agency, Rm.M3708, 401 M St., SW., Washington, DC20460. A copy of any objections andhearing requests filed with the HearingClerk should be identified by thedocument control number and

submitted to: Public Response andProgram Resources Branch, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. In person, bringcopy of objections and hearing requestto: Rm. 1132, CM #2, 1921 JeffersonDavis Hwy., Arlington, VA 22202. Feesaccompanying objections shall belabeled ‘‘Tolerance Petition Fees’’ andforwarded to: EPA HeadquartersAccounting Operations Branch, OPP(Tolerance Fees), P.O. Box 360277M,Pittsburgh, PA 15251.FOR FURTHER INFORMATION CONTACT: Bymail: Hoyt Jamerson, RegistrationSupport Branch, Registration Division(7505W), Office of Pesticide Programs,Environmental Protection Agency, 401M St., SW., Washington, DC 20460.Office location and telephone number:Westfield Building North, 6th Fl., 2800Crystal Drive, Arlington, VA 22202,(703)-308-8783.SUPPLEMENTARY INFORMATION: In theFederal Register of November 2, 1994(59 FR 54869), EPA issued a proposedrule that gave notice that theInterregional Research Project No. 4 (IR-4), New Jersey Agricultural ExperimentStation, P.O. Box 231, RutgersUniversity, New Brunswick, NJ 08903,had submitted pesticide petition (PP)2E4148 to EPA on behalf of theAgricultural Experiment Station ofCalifornia. PP 2E4148 requested that theAdministrator, pursuant to section408(e) of the Federal Food, Drug andCosmetic Act (FFDCA), 21 U.S.C.346a(e), propose to amend 40 CFR180.1020 by establishing an exemptionfrom the requirement of a tolerance forresidues of sodium chlorate on potatoeswhen used as a defoliant in accordancewith good agricultural practices.

There were no comments or requestsfor referral to an advisory committeereceived in response to the proposedrule.

The data submitted with the petitionand other relevant material have beenevaluated and discussed in theproposed rule. Based on the data andinformation considered, the Agencyconcludes that the tolerance exemptionwill protect the public health.Therefore, the tolerance exemption isestablished as set forth below.

Any person adversely affected by thisregulation may, within 30 days afterpublication of this document in theFederal Register, file written objectionsand/or request a hearing with theHearing Clerk, at the address givenabove (40 CFR 178.20). A copy of theobjections and/or hearing requests filedwith the Hearing Clerk should be


submitted to the OPP docket for thisrulemaking. The objections submittedmust specify the provisions of theregulation deemed objectionable and thegrounds for the objections (40 CFR178.25). Each objection must beaccompanied by the fee prescribed by40 CFR 180.33(i). If a hearing isrequested, the objections must include astatement of the factual issue(s) onwhich a hearing is requested, therequestor’s contentions on such issues,and a summary of any evidence reliedupon by the objector (40 CFR 178.27). Arequest for a hearing will be granted ifthe Administrator determines that thematerial submitted shows the following:There is a genuine and substantial issueof fact; there is a reasonable possibilitythat available evidence identified by therequestor would, if established, resolveone or more of such issues in favor ofthe requestor, taking into accountuncontested claims or facts to thecontrary; and resolution of the factualissue(s) in the manner sought by therequestor would be adequate to justifythe action requested (40 CFR 178.32).

Under Executive Order 12866 (58 FR51735, Oct. 4, 1993), the Agency mustdetermine whether the regulatory actionis ‘‘significant’’ and therefore subject toreview by the Office of Management andBudget (OMB) and the requirements ofthe Executive Order. Under section 3(f),the order defines a ‘‘significantregulatory action’’ as an action that islikely to result in a rule (1) having anannual effect on the economy of $100million or more, or adversely andmaterially affecting a sector of theeconomy, productivity, competition,jobs, the environment, public health orsafety, or State, local, or tribalgovernments or communities (alsoreferred to as ‘‘economicallysignificant’’); (2) creating seriousinconsistency or otherwise interferingwith an action taken or planned byanother agency; (3) materially alteringthe budgetary impacts of entitlement,grants, user fees, or loan programs or therights and obligations of recipientsthereof; or (4) raising novel legal orpolicy issues arising out of legalmandates, the President’s priorities, orthe principles set forth in this ExecutiveOrder.

Pursuant to the terms of the ExecutiveOrder, EPA has determined that thisrule is not ‘‘significant’’ and is thereforenot subject to OMB review.

Pursuant to the requirements of theRegulatory Flexibility Act (Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612),the Administrator has determined thatregulations establishing new tolerancesor raising tolerance levels orestablishing exemptions from tolerance

requirements do not have a significanteconomic impact on a substantialnumber of small entities. A certificationstatement to this effect was published inthe Federal Register of May 4, 1981 (46FR 24950).

List of Subjects in 40 CFR Part 180

Environmental protection,Administrative practice and procedure,Agricultural commodities, Pesticidesand pests, Reporting and recordkeepingrequirements.

Dated: January 17, 1995.

Steven L. Johnson,Director, Registration Division, Office ofPesticide Programs.

Therefore, 40 CFR part 180 isamended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

§ 180.1020 [Amended]

2. By amending § 180.1020 Sodiumchlorate; exemptions from therequirement of a tolerance by addingand alphabetically inserting in the listtherein the commodity ‘‘potatoes’’.

[FR Doc. 95–1854 Filed 1–24–95; 8:45 am]BILLING CODE 6560–50–F

40 CFR Part 180

[PP 0E3907/R2094; FRL–4923–7]

RIN 2070–AB78

Pesticide Tolerance for 3,5-Dichloro-N-(1,1-Dimethyl-2-Propynyl)Benzamide


SUMMARY: This document establishes atolerance for combined residues of theherbicide 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide (also known aspronamide) and its metabolites in or onthe raw agricultural commodityradicchio greens (tops). TheInterregional Research Project No. 4 (IR-4) submitted to EPA a petitionrequesting the maximum permissiblelevel for residues of the herbicide.EFFECTIVE DATE: This regulationbecomes effective January 25, 1995.ADDRESSES: Written objections,identified by the document controlnumber, [PP 0E3907/R2094], may besubmitted to: Hearing Clerk (1900),Environmental Protection Agency, Rm.M3708, 401 M St., SW., Washington, DC

20460. A copy of any objections andhearing requests filed with the HearingClerk should be identified by thedocument control number andsubmitted to: Public Response andProgram Resources Branch, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. In person, bringcopy of objections and hearing requeststo: Rm. 1132, CM #2, 1921 JeffersonDavis Hwy., Arlington, VA 22202. Feesaccompanying objections shall belabeled ‘‘Tolerance Petition Fees’’ andforwarded to: EPA HeadquartersAccounting Operations Branch, OPP(Tolerance Fees), P.O. Box 360277M,Pittsburgh, PA 15251.FOR FURTHER INFORMATION CONTACT: Bymail: Hoyt L. Jamerson, RegistrationDivision (7505W), EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. Office locationand telephone number: 6th Floor,Crystal Station #1, 2800 Jefferson DavisHwy., Arlington, VA 22202, (703)-308-8783.SUPPLEMENTARY INFORMATION: In theFederal Register of October 26, 1994 (59FR 53771), EPA issued a proposed rulethat gave notice that the InterregionalResearch Project No. 4 (IR-4), NewJersey Agricultural Experiment Station,P.O. Box 231, Rutgers University, NewBrunswick, NJ 08903, had submittedpesticide petition (PP) 0E3907 to EPAon behalf of the Agricultural ExperimentStation of California. The petitionrequested that the Administrator,pursuant to section 408(e) of the FederalFood, Drug, and Cosmetic Act (FFDCA),21 U.S.C. 346a(e), establish a tolerancefor combined residues of the herbicide3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide and its metabolites(calculated as 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide) in oron the raw agricultural commodityradicchio greens (tops) at 2 parts permillion (ppm).

There were no comments or requestsfor referral to an advisory committeereceived in response to the proposedrule.

The data submitted on the proposaland other relevant material have beenevaluated and discussed in theproposed rule. Based on the data andinformation considered, the Agencyconcludes that the permanent tolerancewill protect the public health.Therefore, the tolerance is established asset forth below.

Any person adversely affected by thisregulation may, within 30 days afterpublication of this document in theFederal Register, file written objections


and/or request a hearing with theHearing Clerk, at the address givenabove (40 CFR 178.20). A copy of theobjections and/or hearing requests filedwith the Hearing Clerk should besubmitted to the OPP docket for thisrulemaking. The objections submittedmust specify the provisions of theregulation deemed objectionable and thegrounds for the objections (40 CFR178.25). Each objection must beaccompanied by the fee prescribed by40 CFR 180.33(i). If a hearing isrequested, the objections must include astatement of the factual issue(s) onwhich a hearing is requested, therequestor’s contentions on such issues,and a summary of any evidence reliedupon by the objector (40 CFR 178.27). Arequest for a hearing will be granted ifthe Administrator determines that thematerial submitted shows the following:There is a genuine and substantial issueof fact; there is a reasonable possibilitythat available evidence identified by therequestor would, if established, resolveone or more of such issues in favor ofthe requestor, taking into accountuncontested claims or facts to thecontrary; and resolution of the factualissue(s) in the manner sought by therequestor would be adequate to justifythe action requested (40 CFR 178.32).

Under Executive Order 12866 (58 FR51735, Oct. 4, 1993), the Agency mustdetermine whether the regulatory actionis ‘‘significant’’ and therefore subject toreview by the Office of Management andBudget (OMB) and the requirements ofthe Executive Order. Under section 3(f),the order defines a ‘‘significantregulatory action’’ as an action that islikely to result in a rule (1) having anannual effect on the economy of $100million or more, or adversely andmaterially affecting a sector of theeconomy, productivity, competition,jobs, the environment, public health orsafety, or State, local, or tribalgovernments or communities (alsoreferred to as ‘‘economicallysignificant’’); (2) creating seriousinconsistency or otherwise interferingwith an action taken or planned byanother agency; (3) materially alteringthe budgetary impacts of entitlement,grants, user fees, or loan programs or therights and obligations of recipientsthereof; or (4) raising novel legal orpolicy issues arising out of legalmandates, the President’s priorities, orthe principles set forth in this ExecutiveOrder.

Pursuant to the terms of the ExecutiveOrder, EPA has determined that thisrule is not ‘‘significant’’ and is thereforenot subject to OMB review.

Pursuant to the requirements of theRegulatory Flexibility Act (Pub. L. 96-

354, 94 Stat. 1164, 5 U.S.C. 601-612),the Administrator has determined thatregulations establishing new tolerancesor raising tolerance levels orestablishing exemptions from tolerancerequirements do not have a significanteconomic impact on a substantialnumber of small entities. A certificationstatement to this effect was published inthe Federal Register of May 4, 1981 (46FR 24950).


Environmental protection,Administrative practice and procedure,Agricultural commodities, Pesticidesand pests, Reporting and recordkeepingrequirements.


Stephen L. Johnson,

Director, Registration Division, Office ofPesticide Programs.

Therefore, 40 CFR part 180 isamended as follows:



Authority: 21 U.S.C. 346a and 371.

2. In § 180.317, by amendingparagraph (a) in the table therein byadding and alphabetically inserting thecommodity radicchio greens (tops), toread as follows:

§ 180.317 3,5-Dichloro-N-(1,1-dimethyl-2-propynyl)benzamide; tolerances forresidues.

(a) * * *

Commodity Parts permillion

* * * * *Radicchio greens (tops) ............ 2.0

* * * * *

* * * * *


FEDERAL COMMUNICATIONSCOMMISSION

47 CFR Part 76

[MM Docket No. 92–266; FCC 95–8]

Cable Act of 1992—Rate Regulation

AGENCY: Federal CommunicationsCommission.ACTION: Final rule.

SUMMARY: On its own motion, theCommission amends its rules in order toprovide certain cable operators withfurther incentives to add new channelsto cable programming services tiers andto single-tier systems. These incentivesapply to independent small systems, tosmall systems owned by small multiplesystem operators, and to independentsystems and systems owned by smallmultiple system operators which incuradditional monthly per subscriberheadend costs of one full cent or morefor an additional channel. Thesesystems may take advantage of thestreamlined cost-of-service procedurefor headend upgrades associated withchannel additions, as well as the perchannel rate adjustments andprogramming expense adjustmentsavailable to all cable systems addingchannels under the existing rule. TheOrder also provides that the streamlinedcost-of-service procedure for headendupgrades associated with channeladditions shall apply to single-tiersystems.EFFECTIVE DATE: February 24, 1995.FOR FURTHER INFORMATION CONTACT:Joel Kaufman or Meryl S. Icove, CableServices Bureau, (202) 416–0800.SUPPLEMENTARY INFORMATION: This is asynopsis of the Commission’s SeventhOrder on Reconsideration in MM Docket92–266, FCC 95–8, adopted January 5,1995, and released January 5, 1995. Thecomplete text of this document isavailable for inspection and copyingduring normal business hours in theFCC Reference Center, 1919 M St., NW.,Washington, DC, and also may bepurchased from the Commission’s copycontractor, International TranscriptionService, (ITS), at 2100 M St., NW.,Washington, DC 20037, (202) 857–3800.

Synopsis of the Seventh Order onReconsideration

A. BackgroundIn the Second Order on

Reconsideration, Fourth Report andOrder, and Fifth Notice of ProposedRulemaking (‘‘Fourth Report andOrder’’) in this docket, 59 FR 17943(April 15, 1994), the Commissionspecified a ‘‘going-forward’’ mechanismunder which price-capped rates areadjusted for changes in the number ofchannels offered on the basic servicetier (‘‘BST’’) and on cable programmingservice tiers (‘‘CPSTs’’). Under thismechanism, operators first remove allexternal costs from the tier charge andthen adjust the residual component ofthe tier charge by a per channeladjustment which declines as thenumber of channels on the systemincreases. Operators were also allowed


1 Operators are permitted to recover an 11.25%rate of return on the lesser of the actual cost of theheadend equipment associated with adding achannel or $5,000. Therefore, if the cost of theheadend equipment associated with adding achannel is $5,000 or more, the operator is entitledto recover $5,000 plus an 11.25% rate of return onthe $5,000 investment.

2 The monthly per subscriber cost of theadditional headend equipment necessary to receivethe additional channel must be one full cent ormore. For this purpose, operators may not round upmonthly per subscriber costs of less than one cent.Additionally, operators must depreciate these costsat the same rate as they depreciate all similarequipment.

to pass through to subscribers theprogramming costs associated with newchannels as well as a mark-up of 7.5%on new programming expense.

In the Sixth Order on Reconsiderationand Fifth Report and Order (‘‘SixthReconsideration Order’’), 59 FR 62614(December 6, 1994), the Commissioninter alia, supplemented its existinggoing forward rules by creating analternative channel adjustmentmethodology. Cable operators addingchannels to CPSTs or single-tier systemsmay recover from subscribers (a) a flatper channel mark-up of up to 20 centsper subscriber per month, subject to acap on the total amount recoveredthrough December 31, 1997, and (b)programming costs, subject to a cap thatapplies through December 31, 1996.Operators adding channels to CPSTs orsingle-tier systems on and after May 15,1994 may use either the new rules or theexisting rules to adjust rates afterDecember 31, 1994, but must use eitherthe existing rules or the new rulesconsistently with respect to all channelsadded after December 31, 1994.

In the Sixth Reconsideration Order,the Commission also adopted a specialstreamlined cost-of-service procedurethat permits independent small systemsand small systems owned by smallmultiple system operators (‘‘MSOs’’) torecover the costs of upgrading theirheadend equipment when they add newchannels to CPSTs. A small system is acable system that serves 1,000 or fewersubscribers from the system’s principalheadend, including any technicallyintegrated headends and microwavereceive sites. See 47 CFR 76.901(c). Asmall MSO is defined as a MSO that has250,000 or fewer total subscribers, ownsonly systems with less than 10,000subscribers each, and has an averagesystem size of 1,000 or fewersubscribers. See 47 CFR 76.922(b)(5). Toprevent the potential for unreasonablysharp rate increases to small systemsubscribers, the amount a small systemcan recover for each channel added waslimited to programming costs incurredplus the lesser of the actual cost of theheadend equipment or $5,000. Headendcosts that are to be recovered throughincreased rates must be depreciated overthe useful life of the equipment. Inaddition, the rate of return the smallsystem may earn on such headend costsmay not exceed 11.25%. Small systemsthat increase rates as a result of anychannel additions pursuant to thismethodology may be reimbursed for theaddition of a maximum of sevenchannels to CPSTs between May 15,1994 and December 31, 1997. Qualifyingsmall systems adding channels to CPSTswere allowed to choose between this

streamlined cost-of-service procedureand the going forward rules applicableto all systems.

B. DiscussionOn our own motion, we find our

requirement that qualifying smallsystems elect between the per channeladjustment methodology and thestreamlined cost-of-service procedurefor upgrading headend equipmentinsufficient to give qualifying systemsan appropriate incentive to add newchannels. Although the return of up to11.25% on the cost of headendequipment was intended to allow smallsystems a profit when they addedchannels, we now believe that ourformula as a whole may give suchsystems an insufficient incentive to addchannels. This is the case because,except for very small systems, the persubscriber rate adjustment associatedwith the streamlined cost-of-serviceshowing would be less than the 20 centsper subscriber per month allowed underour general going forward regulations. Ifthe maximum $5,000 in headend costsis depreciated by a 1,000 subscribersystem with an 11.25% rate of return,for example, the monthly per subscribercost would be just over five cents,assuming a 15 year depreciation period.The Commission has not prescribeddepreciation rates for headendequipment, but requires cable operatorsto follow reasonable depreciationpractices in depreciating equipmentover its useful life. The Cable ServicesBureau, acting on delegated authority inexamining cost-of-service ratejustifications, concluded that operatorsgenerally assign 15-year useful lives toheadend equipment and adjusted cableoperator’s proposed useful lives upwardto reflect that norm.

Accordingly, independent smallsystems and small systems owned bysmall MSOs will not be required tochoose between the per channeladjustment methodology and thestreamlined cost-of-service procedurefor upgrading headend equipment.Instead, we will allow independentsmall systems and small systems ownedby small MSOs to recover for eachchannel added by using both the perchannel adjustment methodology andthe streamlined cost-of-serviceprocedure for upgrading headendequipment in the following manner.First, such operators may recover thelesser of the actual cost of the headendequipment or $5,000 associated with thechannel addition. The recovery of thelesser of the actual cost of the headendequipment or $5,000 shall otherwiseremain subject to the conditions setforth in the Sixth Reconsideration

Order, namely that the headend costs bedepreciated over the useful life of theequipment, the rate of return on thisinvestment not exceed 11.25%,1 and theheadend costs may be recovered for nomore than seven channels throughDecember 31, 1997. Second, in additionto recovery of headend upgrade costs ina streamlined cost-of-serviceproceeding, such operators may makerate adjustments to reflect channeladditions and programming expensesthat all other operators are permitted tomake under the existing going forwardrules. Specifically, operators may makeper channel adjustments under eitherthe new or the ‘‘old’’ going forwardrules. As explained in the SixthReconsideration Order, operators thatelect the new going forward rules areallowed to recover programmingexpenses associated with addingchannels subject to the License FeeReserve and the Operator’s Cap. Ofcourse, headend costs are not includedin the Operator’s Cap.

In addition, we believe that limitingeligibility to use the streamlined cost-of-service procedure for upgradingheadend equipment to independentsmall systems and small systems ownedby small MSOs may fail to give slightlylarger systems an appropriate incentiveto add channels. Accordingly, we havedecided to allow larger systems to usethe streamlined cost of service approachsubject to the same conditions asindependent small systems and smallsystems owned by small MSOs providedthat (a) the systems are eitherindependently owned or owned bysmall MSOs and (b) the monthly persubscriber cost of the additionalheadend equipment necessary to receivean additional channel is one cent ormore.2 We are providing this relief forsystems that are slightly larger thanthose that fall under the definition of asmall system because we believe thatsuch operators may have higher thanaverage costs and may not always haveaccess to the financial resources or otherpurchasing discounts of largercompanies. However, since averageequipment costs were built into the per


channel adjustment of up to 20 cents,we believe that it is unnecessary toallow systems with additional persubscriber headend equipment costs ofless than one cent for each channeladded to use the streamlined cost-of-service procedure for upgradingheadend equipment. We believe thatsuch operators may have sufficientresources to add channels without theadditional incentive created by thestreamlined cost-of-service procedure.However, we note that we mayreconsider this issue in light of thecomments we have received in responseto our Fifth Order on Reconsiderationand Further Notice of ProposedRulemaking, 59 FR 51,869 (10/13/94). Inthat notice, the Commission solicitedcomments on whether it should retainits current definitions of small operatorsand small systems owned by smallMSOs and whether it should employ thecurrent Small Business Administrationdefinition of small cable company. Thedefinitions of these terms in the instantitem may be affected by the outcome ofthe Further Notice.

In the Sixth Reconsideration Order,the Commission provided that rates forthe BST will continue to be governedexclusively by our current rules, exceptthat where a system offered only onetier on May 14, 1994, the cable operatorwill be allowed to use the revised perchannel adjustment of up to 20 cents.We did not, however similarly providethat the streamlined cost-of-serviceprocedure for headend upgrades byeligible small systems would beavailable to operators of single-tiersystems. We did not intend to excludesingle-tier systems from this procedureand, therefore, on our own motion, wereconsider the limitation of thestreamlined cost-of-service procedurefor headend upgrades to CPSTs. Weconclude that the streamlined cost-of-service procedure should also apply tosingle-tier systems because we recognizethat qualifying systems have the samesmall customer base over which tospread the cost of new equipmentassociated with providing channels,whether or not they have CPSTs. Wealso recognize that single-tier systemsare commonly smaller systems.Accordingly, we believe that thestreamlined cost-of-service procedurefor headend upgrades associated withchannel additions should apply tosingle-tier systems as well as CPSTs.

Regulatory Flexibility Act AnalysisPursuant to the Regulatory Act of

1980, 5 U.S.C. 601–612, theCommission’s final analysis withrespect to the Seventh Order onReconsideration is as follows:

Need and purpose of this action. TheCommission, in compliance with § 3 ofthe Cable Television ConsumerProtection and Competition Act of 1992,47 U.S.C. § 543 (1992), pertaining to rateregulation, adopts revised rules andprocedures intended to ensure thatcable services are offered at reasonablerates with minimum regulatory andadministrative burdens on cableentities.

Summary of issues by the public inresponse to the Initial RegulatoryFlexibility Analysis. There were nocomments submitted in response to theInitial Regulatory Flexibility Analysis.The Chief Counsel for Advocacy of theUnited States Small BusinessAdministration (SBA) filed comments inthe original rulemaking order. TheCommission addressed the concernsraised by the Office of Advocacy in theReport and Order and Further Notice ofProposed Rulemaking, 58 FR 29769 (5/21/93). Consistent with our rules, theSBA also filed an ex parte letter onAugust 3, 1994.

Significant alternatives consideredand rejected. In the course of thisproceeding, petitioners representingcable interest and franchisingauthorities submitted severalalternatives aimed at minimizingadministrative burdens. TheCommission has attempted toaccommodate the concerns expressed bythese parties. In this order, theCommission is providing additionalincentives to qualifying small systems toadd channels to CPSTs and single-tiersystems.

Paperwork Reduction Act

The requirements adopted hereinhave been analyzed with respect to thePaperwork Reduction Act of 1980 andfound not to impose a new or modifiedinformation collection requirement onthe public.

Ordering Clauses

Accordingly, IT IS ORDERED that,pursuant to Sections 4(i), 4(j), 303(r)612, 622(c) and 623 of theCommunications Act of 1934, asamended, 47 U.S.C. 154(i), 154(j),303(r), 532, 542(c) and 543, the rules,requirements and policies discussed inthis Seventh Order on Reconsideration,ARE ADOPTED and Part 76 of theCommission’s rules, 47 CFR part 76, ISAMENDED as set forth below.

It Is Further Ordered that theSecretary shall send a copy of this Orderto the Chief Counsel for Advocacy of theSmall Business Administration inaccordance with paragraph 603(a) of theRegulatory Flexibility Act. Public Law

No. 96–354, 94 Stat. 1164, 5 U.S.C.§§ 601 et seq. (1981).

It Is Further Ordered that therequirements and regulationsestablished in this decision shallbecome effective 30 days followingpublication in the Federal Register.

List of Subjects in 47 CFR Part 76Cable television.

Federal Communications Commission.William F. Caton,Acting Secretary.

Part 76 of title 47 of the Code ofFederal Regulations is amended asfollows:

PART 76—CABLE TELEVISIONSERVICE


Authority: Secs. 2, 3, 4, 301, 303, 307, 308,309, 48 Stat. as amended, 1064, 1065, 1066,1081, 1082, 1083, 1084, 1085, 1101; 47 U.S.C.Secs. 152, 153, 154, 301, 303, 307, 308, 309,532, 535, 542, 543, 552 as amended, 106 Stat.1460.

2. Section 76.922 is amended byrevising paragraph (e)(7) to read asfollows:

§ 76.922 Rates for the basic service tierand cable programming service tiers.* * * * *

(e) * * *(7) Headend upgrades. When adding

channels to CPSTs and single-tiersystems, cable systems that are eitherindependently owned or owned bysmall MSOs and incur additionalmonthly per subscriber headend costs ofone full cent or more for an additionalchannel or are either independentlyowned or owned by small MSOs asdefined in paragraph (b)(5) of thissection, may choose among themethodologies set forth in paragraphs(e)(2) and (e)(3) of this section. Inaddition, such systems may increaserates to recover the actual cost of theheadend equipment required to add upto seven such channels to CPSTs andsingle-tier systems, not to exceed $5,000per additional channel. Rate increasespursuant to this paragraph may occurbetween January 1, 1995, and December31, 1997, as a result of additionalchannels offered on those tiers after May14, 1994. Headend costs shall bedepreciated over the useful life of theheadend equipment. The rate of returnon this investment shall not exceed11.25 percent. In order to recover costsfor headend equipment pursuant to thisparagraph, systems must certify to theCommission their eligibility to use thisparagraph, the level of costs they haveactually incurred for adding the


headend equipment and thedepreciation schedule for theequipment.* * * * *[FR Doc. 95–1819 Filed 1–24–95; 8:45 am]BILLING CODE 6712–01–M

DEPARTMENT OF COMMERCE

National Oceanic and AtmosphericAdministration

50 CFR Part 642

[Docket No. 940710–4292; I.D. 011895A]

Coastal Migratory Pelagic Resourcesof the Gulf of Mexico and SouthAtlantic; Trip Limit Reduction

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Trip limit reduction.

SUMMARY: NMFS reduces thecommercial trip limit of Atlantic groupSpanish mackerel in the southern zoneto 1,000 lb (454 kg) per day in or fromthe exclusive economic zone (EEZ). Thistrip limit reduction is necessary toprotect the Atlantic Spanish mackerelresource.EFFECTIVE DATE: The 1,000–lb (454–kg)commercial trip limit is effective 12:01a.m., local time, January 20, 1995, andremains in effect through March 31,1995.FOR FURTHER INFORMATION CONTACT:Mark F. Godcharles, 813–570–5305.SUPPLEMENTARY INFORMATION: Thefishery for coastal migratory pelagic fish(king mackerel, Spanish mackerel, cero,cobia, little tunny, dolphin, and, in theGulf of Mexico only, bluefish) ismanaged under the FisheryManagement Plan for the CoastalMigratory Pelagic Resources of the Gulfof Mexico and South Atlantic (FMP).The FMP was prepared by the Gulf ofMexico and South Atlantic FisheryManagement Councils (Councils) and isimplemented by regulations at 50 CFRpart 642 under the authority of theMagnuson Fishery Conservation andManagement Act.

An adjusted allocation andcommercial trip limits wererecommended by the Councils andimplemented by NMFS for Atlanticmigratory group Spanish mackerel fromthe southern zone. As set forth at 50CFR 642.27(b), the adjusted allocation is4.35 million lb (1.97 million kg). Inaccordance with 50 CFR642.27(a)(2)(iii), after 75 percent of theadjusted allocation of Atlantic group

Spanish mackerel from the southernzone is taken until 100 percent of theadjusted allocation is taken, Spanishmackerel in or from the EEZ in thesouthern zone may not be possessedaboard or landed from a vessel in a dayin amounts exceeding 1,000 pounds(454 kg). In accordance with 50 CFR642.27(a)(2)(iv), after 100 percent of theadjusted allocation of Atlantic groupSpanish mackerel from the southernzone is taken through the end of thefishing year, Spanish mackerel in orfrom the EEZ in the southern zone maynot be possessed aboard or landed froma vessel in a day in amounts exceeding500 lb (227 kg) per day.

NMFS has determined that 75 percentof the adjusted allocation for Atlanticgroup Spanish mackerel from thesouthern zone will be taken by January19, 1995. Accordingly, the 1,000–pound(454–kg) per day commercial trip limitapplies to Spanish mackerel in or fromthe EEZ in the southern zone effective12:01 a.m., local time, January 20, 1995,through March 31, 1995, unless changedby further notification in the FederalRegister.

The southern zone of Atlantic groupSpanish mackerel extends from theGeorgia/Florida boundary (30°42′45.6′′N. lat.) southward to the Dade/MonroeCounty, Florida, boundary (25°20.4′ N.lat.).

Classification

This action is taken under 50 CFR642.27(a)(2)(iii) and (b) and is exemptfrom review under E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: January 19, 1995.David S. Crestin,Acting Director, Office of FisheriesConservation and Management, NationalMarine Fisheries Service.[FR Doc. 95–1776 Filed 1–19–95; 4:32 pm]BILLING CODE 3510–22–F

50 CFR Parts 675 and 677

[Docket No. 950112014–5014–01; I.D.010695A]

RIN 0648–AH42

Groundfish of the Bering Sea andAleutian Islands Area, North PacificFisheries Research Plan; TrawlClosure To Protect Red King Crab

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Emergency interim rule; requestfor comments.

SUMMARY: NMFS has determined that anemergency exists in the groundfishfisheries being conducted in the BeringSea and Aleutian Islands (BSAI)management area. The number of femalered king crab in Bristol Bay has declinedto a level that presents a seriousconservation problem for this stock. Toprotect Bristol Bay area red king crab,NMFS is implementing by emergencyrule a trawl closure in an area of Zone1 in the Bering Sea (BS). NMFS is alsoimplementing changes to observer-coverage requirements that will aid themonitoring of red king crab bycatch inthe BS flatfish trawl fisheries conductedoutside of the closure area in Zone 1.These management measures areintended to accomplish the objectives ofthe North Pacific Fishery ManagementCouncil (Council) with respect tofishery management in the BSAI.DATES: Effective January 20, 1995through April 25, 1995. Comments mustbe submitted by February 9, 1995.ADDRESSES: Comments may be sent toRonald J. Berg, Chief, FisheriesManagement Division, Alaska Region,National Marine Fisheries Service, P.O.Box 21668, Juneau, AK 99802,Attention: Lori Gravel. Copies of theEnvironmental Assessment (EA)prepared for the emergency rule may beobtained from the same address.FOR FURTHER INFORMATION CONTACT:Kaja Brix, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

Fishing for groundfish by U.S. vesselsin the exclusive economic zone of theBSAI is managed by NMFS according tothe Fishery Management Plan (FMP) forthe Groundfish Fishery of the BeringSea and Aleutian Islands Area. The FMPwas prepared by the Council under theMagnuson Fishery Conservation andManagement Act (16 U.S.C. 1801, etseq.), (Magnuson Act), and isimplemented by regulations governingthe U.S. groundfish fisheries at 50 CFRparts 675 and 676. General regulationsthat also pertain to U.S. fisheries arecodified at 50 CFR part 620.

At times, amendments to the FMP orits implementing regulations arenecessary to respond to fisheryconservation and management problemsthat cannot be addressed within thetimeframe of the normal proceduresprovided for by the Magnuson Act.Section 305(c) of the Magnuson Actauthorizes NMFS to implementemergency regulations necessary toaddress these situations. Theseemergency regulations may remain ineffect for not more than 90 days after


publication in the Federal Register,with a possible 90-day extension.

The number of red king crab in theBristol Bay area of the BS is declining.Data from the 1994 NMFS crab surveyindicate that the number of female redking crab is below threshold. Thistriggered closure of the 1994 directedBristol Bay red king crab pot fishery bythe Alaska Department of Fish andGame (ADF&G). Due to the closure ofthe red king crab fishery in ADF&Gshellfish management Area T, the areaeast of 163° W. long. was closed to C.bairdi Tanner crab fishing for the 1994–95 season. Current regulations closeFederal Statistical Area 512 to trawlingto protect the red king crab stock. Inview of the declining red king crab stockand the need to further protect andconserve red king crab in the Bristol Bayarea of the BS, NMFS is implementing,by emergency rule, the followingmeasures:

1. A closure in a portion of BycatchZone 1 (defined at § 675.2) to directedfishing for groundfish by vessels usingtrawl gear other than pelagic trawl gear;

2. Catcher/processors or catchervessels equal to or greater than 60 ft(18.3m) length overall (LOA) must carrya NMFS-certified observer during 100percent of their fishing days whenparticipating in the flatfish fishery,defined at § 677.10(a)(1)(ii)(E), in areasof Zone 1 outside of the closure areaimplemented under this emergencyrule; and

3. Catcher/processors or catchervessels, equal to or greater than 60 ft(18.3m) LOA, must carry a NMFS-certified observer during 100 percent oftheir fishing days in which the vesseluses pelagic trawl gear in the closurearea implemented under this emergencyrule.

For the duration of this emergencyrule, NMFS is also requesting thatobservers onboard vessels that haveINMARSAT Standard A satellitecommunications equipment and theappropriate software and that are fishingfor flatfish in Zone 1, reportelectronically crab bycatch data andcertain haul statistics on a daily basis.This would not entail any additionalregulatory requirement for vesseloperators. Details of these measuresfollow.

Red King Crab Savings Area (RKCSA)Based on NMFS survey data, the 1994

abundance index for legal-sized maleBristol Bay red king crab was 5.5million crab compared to 7.3 million in1993. The abundance index for maturefemale crab declined from 14.2 millioncrab in 1993 to 7.5 million crab in 1994.This number is below the threshold

value of 8.4 million crab establishedpursuant to the FMP for the CommercialKing and Tanner Crab Fisheries in theBSAI. These declines were corroboratedby the length-based assessment modelthat was newly developed by ADF&G.Because the abundance of female crabwas below threshold, ADF&G closed the1994 Bristol Bay red king crab fishery,as well as the directed pot fishery forTanner crab in Zone 1 east of 163° W.long. The Bristol Bay red king crab stockcontinues to suffer from a long period oflow recruitment and sublegal crab levelsare among the lowest on record.

At the September 1994 Councilmeeting, the Crab Plan Team presentedthe Council with information detailingthe status of the red king crab stocks inthe Bristol Bay area of the BS. Becausefemale red king crab were below thesustainable threshold, emergency actionwas considered to conserve thisresource. At a subsequentteleconference on November 14, 1994,the Council reviewed an analysisprepared by ADF&G that examinedalternative closure areas. At thisteleconference, the Councilrecommended a closure area between55°45′ and 57°00′ N. lat. and between162° and 164° W. long. The intent ofthis trawl closure is to reduce thenumber of female red king crab taken asbycatch in the trawl fisheries. However,it would be at the expense of most of theoptimal rock sole fishing grounds. Afterreviewing additional analysis preparedby ADF&G subsequent to the Council’steleconference and reexamining theadministrative record on this issue,NMFS is implementing a closure areathat would meet the intent of theCouncil to protect female red king crab,while minimizing the displacement oftrawl fisheries and the foregoneopportunity to harvest roe-bearing rocksole.

To conserve the red king crabresource in the Bristol Bay area of theBS, NMFS is implementing emergencymeasures to prohibit directed fishing forgroundfish by vessels using trawl gearother than pelagic trawl gear in theRKCSA, which is bounded by a straightline connecting the followingcoordinates in the order listed below:

Latitude Longitude

56°00′ N. ......................... 162°00′ W.56°00′ N. ......................... 164°00′ W.57°00′ N. ......................... 164°00′ W.57°00′ N. ......................... 164°00′ W.56°00′ N. ......................... 162°00′ W.

The highest bycatch of red king crabhas been from the rock sole/otherflatfish fishery category, especially in1993 and 1994 when the red king crab

bycatch in Zone 1 was estimated at134,000 and 193,000 crab, respectively.During this same period, the bottomtrawl pollock fishery caught the nexthighest amount of Zone 1 red king crab(44,000 and 39,000, respectively) andthe yellowfin sole and Pacific codfisheries also took some king crab. Redking crab bycatch has been greatest inthe rock sole fishery during the monthsof January and February when the rocksole roe fishery occurs. Significantlyreduced bycatch rates of red king craboccur in other trawl fisheries throughoutthe year.

The current closure area for red kingcrab (Federal Statistical Area 512) in theBS was designed to protectapproximately 90 percent of the maturefemale red king crab. This considerationwas based on the distribution of femalecrab in the mid 1980’s. Annual NMFScrab survey data show distribution andrelative abundance of female red kingcrab vary from year to year. However,survey data since 1990 indicate thatrelatively large numbers of female crabhave been taken at survey stations inBristol Bay located at 56° N. long. andnorth. Although only a limited numberof survey stations are located south of56° N. long., survey data from this areaindicate a relatively low abundance ofcrab and no female crab have been takenin this area during the 1990–1994 trawlsurveys.

Recent 1993 and 1994 trawl surveydata show female red king crab arepresent at survey stations located along56° N. long. The relative abundance offemale red king crab at these stationswas significantly greater in 1993compared to 1994. The distribution ofcrab indicated from summer trawlsurveys may not represent thedistribution of various stockcomponents during winter monthswhen intensive trawl operations forrow-bearing rock sole occur in theBristol Bay area. Although no recentwinter trawl survey data exists, crabgenerally are believed to moveshoreward during the molting andmating season. Although the breedingseason for crab can be protracted anddependent on a number of variables, thepeak breeding season is believed tooccur during March-May.

Available observer data on the sexcomposition of Bristol Bay red king crabtaken as bycatch in the trawl fisheriesare limited. Sex composition datacollected in 1993 for observed haulssouth of 56° N. lat. are not available.However, 1993 data for observed haulsbetween 56° and 56°10′ N. lat. showabout one third of the crab sampled forsex composition were females andalmost 80 percent of the crab sampled


for sex composition between 56° and57° N. lat. were females.

Given the available data on thedistribution of female red king crab andthe assumption that crab moveshoreward during winter months, NMFSbelieves that a closure between 162° and164° W. long. and between 56° and 57°N. lat. will adequately protect femalered king crab during the winter trawlfisheries without unnecessarilyjeopardizing the trawl fishery’sopportunity to harvest valuable roe-bearing rock sole.

The majority of king crab bycatch inobserved hauls in all fisheries during1990–94 occurred in the area between56° and 57° N. Lat. and 162° and 164°W. long. This also corresponds to anarea of high fishing effort. Most of thehauls were taken between January andMarch, which also corresponds to thetiming of the rock sole roe fishery.

Observer data from 1990–94 showthat between 20 and 45 percent of thegroundfish catch in the rock sole fisheryhas come from within this area. Thehighest number of king crab isconsistently taken by the rock solefishery. Between 40 and 70 percent ofthe red king crab incidental catch in therock sole fishery is taken within thisarea.

The RKCSA also accounts for between10 and 45 of the halibut incidental catchin the rock sole fishery. Althoughclosure of the RKCSA to protect red kingcrab stocks would also reduce halibutbycatch within this area, relocatedfishing effort could result in similar orhigher halibut bycatch rates in the openareas. Fishing effort relocated from theclosure area could also result in greaterbycatch of C. bairdi Tanner crab. Thismay cause the rock sole roe fishery toattain specified halibut and C. bairdibycatch allowances more quickly,which would close the fishery sooner.Higher bycatch rates of either halibut orC. bairdi Tanner crab in the rock solefishery would not pose a conservationproblem because the overall bycatchamount of these species is managedunder specified bycatch allowancesthat, when reached, will close thedirected fishery for rock sole. As aresult, displaced fishing effort from theRKCSA to other fishing grounds couldresult in closure of the rock sole roefishery before the end of the roe season(early to mid-March) to the extent thatan increased bycatch rate for halibut orC. bairdi would result in a more rapidattainment of the bycatch allowancesspecified for these species.

Observer CoverageConcurrent with the implementation

of the RKCSA, NMFS is requiring that

all vessels equal to or greater than 60 ft(18.3m) LOA carry a NMFS-certifiedobserver onboard during 100 percent oftheir fishing days while fishing forflatfish in the open areas of Zone 1. Thisrequirement will provide NMFS withbetter information on the bycatch of redking crab, as well as other prohibitedspecies. With the shift in effort from theRKCSA to other areas of Zone 1, NMFSanticipates changes in the bycatch rateof not only red king crab, but otherspecies as well. Increased observercoverage will enable NMFS to obtainmore complete bycatch data andfacilitate the inseason monitoring ofcrab and halibut bycatch to avoidexceeding specified bycatch allowances.Between January and the end of April1994, 30 catcher/processors participatedin a directed fishery for flatfish. Of these30 vessels, 27 are equal to or greaterthan 125 ft (38.1m) LOA and already arerequired to carry an observer at alltimes. Three are less than 125 ft (38.1m)LOA but were equal to or greater than60 ft (18.3m) LOA and under theemergency rule will have to carry anobserver at all times. One shoresideprocessor participated in the flatfishfishery in 1994. Five catcher vesselsequal to or greater than 60 ft (18.3m)LOA delivered flatfish to this processor.Under this emergency rule, thesecatcher vessels will also be required tocarry an observer at all times whilefishing for flatfish in Zone 1. Four of thefive catcher vessels currently must carryan observer 100 percent of the time. Therequirement under this emergency rulewill only affect three catcher/processorsand one catcher vessel if the same fleetfished for flatfish in 1995 as in 1994.

Under the emergency rule, NMFS isalso requiring vessels equal to or greaterthan 60 ft (18.3m) LOA that use pelagictrawl gear in the RKCSA to carry anobserver during 100 percent of theirfishing days. This is necessary to ensurethat the vessel operators adhere to thecurrent performance standard forpelagic trawl gear set out at § 675.7(n).

During the first pollock season in1994, 20 catcher vessels deliveredpollock to shoreside facilities. Eight ofthese vessels were equal to or over 125ft (38.1m) LOA and are already requiredto carry an observer at all times. Theremaining 12 were greater than 60 ft(18.3m) LOA and are currently requiredto have only 30-percent observercoverage. Of these 12 vessels, 10delivered significant quantities ofpollock and two delivered incidentalamounts, probably as bycatch in otherfisheries. Therefore, 10–12 pollockvessels, based on 1994 information,would be affected by the additionalobserver-coverage requirements.

The term ‘‘fishing days’’ is defined at§ 677.2 for purposes of observercoverage requirements and does notinclude days during which a vessel onlydelivered unsorted codends to aprocessor. Therefore, catcher vesselsused only for this purpose are exemptfrom increased observer coveragerequirements implemented under thisemergency rule.

Data ReportingTo keep a more accurate and timely

count of red king crab bycatch amountsin the open areas of Zone 1, NMFSrequests the observers onboard thosevessels with INMARSAT Standard Asatellite communication equipment, andthe necessary hardware and software,fishing in the flatfish target fisheries toreport electronically the prohibitedspecies catch statistics and associateddata on haul location and size on a dailybasis. Such reporting will provide moretimely data and enable NMFS tomonitor more effectively the prohibitedspecies bycatch allowances specified forthe 1995 groundfish fisheries.

NMFS requests this information onlyfrom observers onboard vessels thatalready have the appropriate satellitecommunication equipment (INMARSATStandard A) and the software that wassupplied by the NMFS ObserverProgram Office. This emergency ruledoes not require that portion of theindustry that does not already have theabove-mentioned satellitecommunication capabilities to obtainelectronic communication equipment.Existing observer regulations specifythat the observer shall have access tocommunication equipment onboard thevessel. Under this emergency rule, theobserver will simply be transmitting aportion of the same reports as thosecurrently being sent, but on a dailybasis. This will involve somewhathigher data transmission costs for thevessel compared to the status quooperation.

For those vessels that do not alreadyhave the capabilities for electroniccommunication, the observer willcontinue to send the data viaconventional means, but also on a dailybasis. The operators of these vessels willnot be required under this emergencyrule to acquire any additionalcommunication equipment.

Currently, 21 catcher/processors thatfished in the flatfish fishery in 1994have the appropriate satellitecommunication capabilities. Theremaining nine catcher/processors thatfished in the flatfish tart fishery in 1994do not have various components of thenecessary equipment. Of theses ninevessels, three or four catcher/processors


may have satellite communicationequipment by the 1995 trawl season,and five vessels will probably not havesatellite communication capabilities forthe 1995 season.

Economic ConsiderationsA total of 62 processor vessels and six

shoreside processors participated in thenonpelagic trawl fisheries in the BSAIin 1994. Based on 1994 ADF&G fishtickets, at least 61 catcher vesselsdelivered to either shoreplants ormotherships. The majority of fishingactivity in the RKCSA is carried out bythe rock sole roe fishery.

Thirty catcher/processor vessels andfive catcher vessels participated in aflatfish fishery in the BS betweenJanuary and May 1994. Between 2.5 and3 percent of the total groundfish catchin the BSAI came from the closure areain 1992 and 1993, respectively. Datafrom 1990–1994 indicate that between20 and 45 percent of the rock sole catchhas come from the closure area. Theestimated gross wholesale value of rocksole harvests in the BSAI betweenJanuary and April 1994 was$36,313,484. The displacement offishing effort for rock sole from theRKCSA to less productive areas of theBering Sea in anticipated to result insome foregone harvest of roe-bearingrock sole and an increase in operatingcosts. A quantitative assessment of thesecosts is not possible because the amountof roe-bearing rock sole that will beharvested outside the RKCSA isunknown. Given the improbableassumption that the entire amount ofrock sole harvested in the RKCSAwould be foregone, the maximumpotential impact incurred by the rocksole fishery could range from $7.3million to $16.3 million. More likely,the greatest potential for foregonerevenue is associated with the increasedprobability of a closure of the rock solefishery due to increased bycatch rates ofC. bairdi and halibut, and a more rapidattainment of a crab or halibut bycatchallowance before the end of the roeseason. The rock sole roe seasontypically ends by the first week ofMarch, although some fishing effortcontinues into mid March. In 1994,Zone 1 was closed February 28 becauseof red king crab bycatch; however, thefishery was able to continue outside thearea until Zone 2 was closed to the rocksole fleet on May 7, when the C. bairdiTanner crab bycatch allowance wasreached. This closure likely will occursooner under the emergency rule, aswould a closure of the BSAI due toattainment of the halibut bycatchallowance, but a projection of the actualdate, as well as the potential foregone

harvest of rock sole, cannot be estimatedgiven available information.

Additional observer coverage on theflatfish and pelagic pollock vesselswould result in costs per vessel ofapproximately $200/day for eachobserver. Three catcher/processorvessels and one catcher vesselparticipating in a Zone 1 flatfish fisheryin 1994 were under 125 ft (38.1m) LOAand may be subject to the additionalrequirement for 100-percent observercoverage for the duration of thisemergency rule. Ten to 12 vessels thatparticipated in the 1994 pelagic trawlpollock fishery were also under 125 ft(38.1 m) LOA and may also be subjectto the requirement for 100-percentobserver coverage under this rule.

Observer-coverage requirementscurrently are specified underregulations implementing the NorthPacific Fishers Research Plan (ResearchPlan) at 50 CFR part 677. Under theResearch Plan, the costs of increasedobserver coverage incurred by catcher/processors under this emergency rulemay be credited up to each processor’s1995 Research Plan fee liability. Thiscredit amount would reduce therevenue to the North Pacific ObserverFund by a corresponding amount.Increased observer-coveragerequirements for catcher vessels underthis emergency rule will not affect theamount of fees generated under theResearch Plan because these vessels areexempt from 1995 Research Plan fees(§ 677.6(b)(1)).

Electronic reporting, on a daily basis,by the observers on those vessels thatcurrently have INMARSAT Standard Asatellite communication capabilitieswould result in additional transmissioncosts for operators of each of the 21vessels. The cost of an electronictransmission is between $3–5 pertransmission. The remaining ninevessels in the flatfish fisheries wouldincur additional cost of daily faxtransmission, which range between$10–20 per fax. No other cost would beincurred by the industry for the dailyelectronic reporting.

NMFS concurs that the aboveregulatory measurers must beimplemented by emergency rulemakingto conserve the female red king crabstocks in the Bristol Bay area of the BS.

ClassificationThe Assistant Administrator for

Fisheries, NOAA (AA), has determinedthat this rule is necessary to respond toan emergency situation and that it isconsistent with the Magnuson Act andother applicable laws.

This rule is exempt from theprocedures of the Regulatory flexibility

Act, because it is not required to beissued with prior notice andopportunity for prior public comment.

This emergency interim rule has beendetermined to be not significant forpurposes of E.O. 12866.

NMFS finds that the immediate needto protect and conserve female red kingcrab in the Bristol Bay area of the BS,as explained in the preamble to thisrule, constitutes good cause to waive therequirement to provide prior notice andan opportunity for public commentpursuant to authority set forth at 5U.S.C. 553(b)(B), as a delay to provideprior notice and an opportunity forpublic comment would be contrary tothe public interest. Similarly, the needto implement these measures in a timelymanner to protect female red king crabduring the rock sole roe fishery, whichopens January 20, 1995, constitutesgood cause under authority contained in5 U.S.C. 553(d)(3) to make the ruleeffective less than 30 days afterpublication in the Federal Register.

List of Subjects in 50 CFR Parts 675 and677

Fisheries, Reporting andrecordkeeping requirements.

Dated: January 19, 1995.Gary Matlock,Program Management Officer, NationalMarine Fisheries Service.

For the reasons set out in thepreamble, 50 CFR parts 675 and 677 areamended as follows:

PART 675—GROUNDFISH OF THEBERING SEA AND ALEUTIAN ISLANDSAREAS



2. In § 675.22, paragraph (h) is addedto read as follows:

§ 675.22 Time and areas closures.

* * * * *(h) Red king crab savings area.

Directed fishing for groundfish byvessels using trawl gear other thanpelagic trawl gear is prohibited at alltimes, in that part of the Bering SeaSubarea defined by straight linesconnecting the following coordinates, inthe order listed:

Latitude Longitude

56°00′ N. ......................... 162°00′ W.56°00′ N. ......................... 164°00′ W.57°00′ N. ......................... 164°00′ W.57°00′ N. ......................... 162°00′ W.56°00′ N. ......................... 162°00′ W.


PART 677—NORTH PACIFICFISHERIES RESEARCH PLAN

3. In § 677.10, paragraphs (a)(1)(i)(G)and (a)(1)(i)(H) are added and paragraph(c)(3) is revised to read as follows:

§ 677.10 General requirements.

(a) * * *(1) * * *(i) * * *(G) A catcher/processor or catcher

vessel equal to or greater than 60 ft(18.3m) LOA must carry a NMFS-certified observer during 100 percent ofits fishing days in which the vessel usestrawl gear to participate in the flatfish

fishery, defined at § 677.10(a)(1)(ii)(E),in Zone 1, defined at § 675.2 of thischapter.

(H) A catcher/processor or catchervessel equal to or greater than 60 ft(18.3m) LOA must carry a NMFS-certified observer during 100 percent ofits fishing days in which the vessel usespelagic trawl gear in the area of theBering Sea Subarea defined at§ 675.22(h) of this chapter.* * * * *

(c) * * *(3) Facilitate transmission of observer

data by:(i) Allowing observers to use the

vessel’s communication equipment and

personnel, on request, for the entry,transmission, and receipt of work-related messages, at no cost to theobservers, the State of Alaska, or theUnited States; and

(ii) Ensuring that the communicationequipment that is on vessels fishing ina flatfish fishery, defined at§ 677.10(a)(1)(ii)(E), in Bycatch Zone 1,defined at § 675.2 of this chapter, andthat is used by observers to transmitdaily bycatch data is fully functionaland operational.* * * * *[FR Doc. 95–1777 Filed 1–19–95; 4:32 pm]BILLING CODE 3510–22–W

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

4871

Vol. 60, No. 16



Consolidated Farm Service Agency

7 CFR Part 723

RIN 0560–AD64, –AD65

National Marketing Quotas for Fire-Cured (Type 21), Fire-Cured (Types 22& 23), Maryland (Type 32), Dark Air-Cured (Types 35 & 36), Virginia Sun-cured (Type 37), Cigar Filler (Type 41),Cigar Filler (Type 46) Cigar-Filler andCigar-Binder (Types 42–44 & 53–55),and Cigar Binder (Types 51 & 52)Tobaccos

AGENCY: Consolidated Farm ServiceAgency, USDA.ACTION: Proposed rule.

SUMMARY: The Secretary of Agriculture(the Secretary) is required by theAgricultural Adjustment Act of 1938(the Act), as amended, to proclaim byMarch 1, 1995, national marketingquotas for Maryland (type 32), Virginiasun-cured (type 37), cigar filler (type41), and cigar binder (types 51 & 52)tobacco for the 1995–96, 1996–97, and1997–98 marketing years (MY’s) and todetermine and announce the amounts ofthe national marketing quotas for fire-cured (type 21), fire-cured (types 22 &23), Maryland (type 32), dark air-cured(types 35 & 36), Virginia sun-cured (type37), cigar-filler (type 41) cigar-filler(type 46), cigar-filler and cigar-binder(types 42–44 & 53–55), and cigar binder(types 51 & 52) kinds of tobacco for the1995–96 MY. The public is invited tosubmit written comments, views, andrecommendations concerning thedetermination of the national marketingquotas for such kinds of tobacco, andother related matters which arediscussed in this proposed rule.DATES: Comments must be received onor before February 3, 1995, in order tobe assured of consideration.ADDRESSES: Send comments to RobertMiller, Consolidated Farm ServiceAgency (CFSA), United StatesDepartment of Agriculture (USDA),

room 3739, South Building, P.O. Box2415, Washington, DC 20013–2415. Allwritten submissions will be madeavailable for public inspection from 8:15a.m. to 4:45 p.m., Monday throughFriday, except holidays, in room 3739,South Building, 14th and IndependenceAvenue, SW, Washington, DC.FOR FURTHER INFORMATION CONTACT:Robert L. Tarczy, CFSA, USDA, room3739, South Building, P.O. Box 2415,Washington, DC 20013–2415, on 202720–8839.


Executive Order 12866

The proposed rule has beendetermined to be not significant forpurposes of Executive Order 12866 and,therefore, has not been reviewed byOMB.

Federal Assistance Program

The title and number of the FederalAssistance Program, as found in theCatalog of Federal Domestic Assistance,to which this rule applies, areCommodity Loans and Purchases—10.051.

Executive Order 12778

This proposed rule has been reviewedin accordance with Executive Order12778, Civil Justice Reform. Theprovisions of this rule do not preemptState laws, are not retroactive, and donot involve administrative appeals.

Regulatory Flexibility Act

It has been determined that theRegulatory Flexibility Act is notapplicable because CFSA is not requiredby 5 U.S.C. 553 or any other provisionof law to publish a notice of proposedrulemaking with respect to the subjectof these determinations.


The amendments to 7 CFR part 723set forth in this proposed rule do notcontain information collections thatrequire clearance through the Office ofManagement and Budget under theprovisions of 44 U.S.C. Chapter 35.

Discussion

This proposed rule would amend 7CFR part 723 to set forth the 1995-cropmarketing quotas for these nine kinds oftobacco.

Section 312(b) of the Act providesthat the Secretary shall determine and

announce, not later than March 1, 1995,with respect to kinds of tobaccospecified in this proposed rule, theamount of the national marketing quotawhich will be in effect for MY 1995 interms of the total quantity of tobaccowhich may be marketed that will allowa supply of each kind of tobacco equalto the reserve supply level.

Section 312(c) of the Act providesthat, within 30 days after proclamationof national marketing quotas forMaryland (type 32), Virginia sun-cured(type 37), Pennsylvania filler (type 41),and cigar binder (types 51–52) theSecretary conduct referenda of farmersengaged in the 1994 production of eachkind of tobacco to determine whetherthey favor or oppose marketing quotasfor MY’s 1995, 1996, and 1997. Thesereferenda are required because MY 1994is the last year of the three consecutiveMYs for which marketing quotaspreviously proclaimed will be in effect;or because marketing quotas previouslyproclaimed were disapproved byproducers in referenda held in 1992.

The Secretary shall proclaim theresults of any referendum. If more thanone-third of the farmers voting in areferendum for a kind of tobacco opposethe quota, the national marketing quotapreviously proclaimed shall not becomeeffective. The referendum results shallin no way affect or limit any subsequentquota proclamation and submission to afuture referendum as otherwiseauthorized in section 312.

Section 313(g) of the Act authorizesthe Secretary to convert the nationalmarketing quota into a national acreageallotment by dividing the nationalmarketing quota by the national averageyield for the 5 years immediatelypreceding the year in which the nationalmarketing quota is proclaimed. Inaddition, the Secretary is authorized toapportion, through county committees,the national acreage allotment totobacco producing farms, less a reservenot to exceed 1 percent thereof for newfarms, to make corrections and adjustinequities in old farm allotments,through the national factor. The nationalfactor is determined by dividing thepreliminary quota (the sum of quotas forold farms) into the quota determined forthe marketing year in question (less thereserve). Procedures will continueunchanged for (1) converting marketingquotas into acreage allotments; (2)apportioning allotments among old

4872 Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Proposed Rules

farms; (3) apportioning reserves for usein (a) establishing allotments for newfarms, and (b) making corrections andadjusting inequities in old farmallotments; and (4) holding referenda.

Request for Comments

This rule proposes to amend 7 CFRpart 723, subpart A to include 1995-cropnational marketing quotas for fire-cured(type 21), fire-cured (types 22 & 23),Maryland (type 32), dark air-cured(types 35 & 36), Virginia sun-cured (type37), cigar-filler (type 41), cigar-filler(type 46), cigar-filler and cigar-binder(types 42–44 & 53–55) and cigar binder(types 51 & 52) tobaccos. These ninekinds of tobacco account for about 6percent of total U.S. tobacco production.

Accordingly, comments are requestedconcerning the proposed establishmentof the national marketing quotas for thesubject tobaccos at the following levels:

(1) Fire-Cured (Type 21) Tobacco

The 1995-crop national marketingquota for fire-cured (type 21) tobaccowill range from 1.5 to 2.0 millionpounds. This range reflects theassumption that the national acreagefactor will range from 0.75 to 1.0.

(2) Fire-Cured (Types 22 & 23) Tobacco

The 1995-crop national marketingquota for fire-cured (types 22 & 23)tobacco will range from 32.0 to 40.0million pounds. This range reflects theassumption that the national acreagewill range from 0.8 to 1.0.

(3) Dark Air-Cured (Types 35 & 36)Tobacco

The 1995-crop national marketingquota for dark air-cured (types 35 & 36)tobacco will range from 8.0 to 10.0million pounds. This range reflects theassumption that the national acreagefactor will range from 0.8 to 1.0.

(4) Virginia Sun-Cured (Type 37)Tobacco

The 1995-crop national marketingquota for Virginia sun-cured (type 37)tobacco will range from 80,000 to100,000 pounds. This range reflects theassumption that the national acreagefactor will range from 0.8 to 1.0.

(5) Cigar-Filler and Cigar-Binder (Types42–44 & 53–55) Tobacco

The 1995-crop national marketingquota for cigar-filler and cigar-binder(types 42–44 & 53–55) tobacco willrange from 8.0 to 10.0 million pounds.This range reflects the assumption thatthe national acreage factor will rangefrom 0.8 to 1.0.

(6) Cigar Filler (Type 46) Tobacco

The 1995-crop national marketingquota for cigar-filler (type 46) tobaccowill be zero.

(7) Maryland (Type 32) Tobacco

The national acreage factor will be 1.0and the national marketing quota will be5.8 million pounds.

(8) Pennsylvania Filler (Type 41)Tobacco

The national acreage factor will be 1.0and the national marketing quota will be1.5 million pounds.

(9) Cigar Binder (Types 51 & 52)Tobacco

The national acreage factor will be 1.0and the national marketing quota will be670,000 pounds.


Acreage allotments, Marketing quotas,Penalties, Reporting recordkeepingrequirements, Tobacco.

Accordingly, it is proposed that 7 CFRpart 723, subpart A be amended asfollows:

PART 723—TOBACCO

1. The authority citation for 7 CFRpart 723 continues to read as follows:

Authority: 7 U.S.C. 1301, 1311–1314,1314–1, 1314b, 1314b–1, 1314b–2, 1314c,1314d, 1413e, 1314f, 1314i, 1315, 1316, 1362,1363, 1372–75, 1377–1379, 1421, 1445–1,and 1445–2.

2. Sections 723.113 is amended byadding paragraph (c) to read follows:

§ 723.113 Fire-cured (type 21) tobacco.(a) * * *(b) * * *(c) The 1995-crop national marketing

quota will range from 1.5 millionpounds to 2.0 million pounds.

3. Section 723.114 is amended byadding paragraph (c) to read a follows:

§ 723.114 Fire-cured (types 22–23)tobacco.

(a) * * *(b) * * *(c) The 1995-crop national marketing


4. Section 723.115 is amended byadding paragraph (c) to read as follows:

§ 723.115 Dark air-cured (types 35–36)tobacco.




§ 723.116 Sun-cured (type 37) tobacco.


quota will range from 80,000 to 100,000pounds.


§ 723.117 Cigar-filler and Cigar binder(types 42–44; 53–55) tobacco.




§ 723.118 Cigar filler (type 46) tobacco.


quota is 0.0 million pounds.8. Section 723.119 is added to read as

follows:

§ 723.119 Maryland (type 32) tobacco.

The 1995-crop national marketingquota is 5.8 million pounds.

9. Section 723.120 is added to read asfollows:

§ 723.120 Pennsylvania filler (type 41)tobacco.

The 1995-crop national marketingquota is 1.5 million pounds.

10. Section 723.121 is added to readas follows:

§ 723.121 Cigar binder (types 51 & 52)tobacco.

The 1995-crop national marketingquota is 670,000 pounds.

Signed at Washington, DC on January 19,1995.Bruce R. Weber,Acting Administrator, Consolidated FarmService Agency.[FR Doc. 95–1852 Filed 1–24–95; 8:45 am]BILLING CODE 3510–05–P

NUCLEAR REGULATORYCOMMISSION


RIN 3150–AF10

Medical Administration of Radiationand Radioactive Materials

AGENCY: Nuclear RegulatoryCommission.ACTION: Proposed rule.

SUMMARY: The Nuclear RegulatoryCommission is proposing to amend itsregulations to clarify that the medical

4873Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Proposed Rules

administration of radiation orradioactive materials to any individual,even an individual not supposed toreceive a medical administration, isregulated by the NRC’s provisionsgoverning the medical use of byproductmaterial rather than the dose limits inthe NRC’s regulations concerningstandards for protection againstradiation. The proposed rule does notrepresent a change in policy, but isnecessary to indicate clearly that this isthe NRC’s policy and to clarify therelationship of NRC’s regulations.DATES: The comment period expiresApril 10, 1995. Comments received afterthis date will be considered if it ispracticable to do so, but theCommission is able to assureconsideration only for commentsreceived on or before this date.ADDRESSES: Send comments to:Secretary, U.S. Nuclear RegulatoryCommission, Washington, DC 20555.ATTN: Docketing and Service Branch.

Hand deliver comments to: 11555Rockville Pike, Rockville, Marylandbetween 7:45 am and 4:15 pm onFederal workdays.

Examine comments received at: TheNRC Public Document Room, 2120 LStreet NW. (Lower Level), Washington,DC.FOR FURTHER INFORMATION CONTACT:Stephen A. McGuire, Office of NuclearRegulatory Research, U.S. NuclearRegulatory Commission, Washington,DC 20555, telephone (301) 415–6204.


I. Background.II. Summary of the Proposed Changes.III. Request for Comment on Notification.IV. Consistency With the 1979 Medical

Policy Statement and Coordination WithACMUI.

V. Coordination With and Issue ofCompatibility With Agreement States.

VI. Finding of No Significant EnvironmentalImpact: Availability.

VII. Paperwork Reduction Act Statement.VIII. Regulatory Analysis.IX. Regulatory Flexibility Certification.X. Backfit Analysis.

I. BackgroundRadioactive materials are

administered in the practice of medicineto roughly 8 to 9 million patients peryear for the diagnosis or treatment ofdisease. Occasionally, a radioactivematerial is administered by mistake toan individual for whom it is notintended. For the years 1989 and 1990combined, the NRC is aware of about200 cases out of 5 to 6 millionadministrations performed under NRClicense in which a diagnosticradiopharmaceutical was administeredto the wrong individual.

The misadministration ofradiopharmaceuticals is dealt with inNRC regulations in 10 CFR part 35,‘‘Medical Use of Byproduct Material.’’As defined in § 35.2, misadministrationsinclude administrations of licensedradioactive material or the radiationtherefrom to the wrong individual,using the wrong radiopharmaceutical, inthe wrong amount, by the wrong route,or to the wrong treatment site. Thisproposed rule only concernsadministrations to the wrong individual.

An administration to the wrongindividual is a misadministration, asdefined in § 35.2, if it involves: (1) Aradiopharmaceutical dosage greater than30 microcuries of either sodium iodideI–125 or I–131; (2) any therapeuticadministration other than sodiumiodide I–125 or I–131; (3) any gammastereotactic radiosurgery radiation dose;(4) any teletherapy dose; (5) anybrachytherapy radiation dose; or (6) adiagnostic radiopharmaceutical dosage,other than quantities greater than 30microcuries of either sodium iodide I–125 or I–131, when the dose to theindividual exceeds 5 rems effective doseequivalent or 50 rems dose equivalent toany individual organ. The practicaleffect of this definition of amisadministration is that somerelatively low dose diagnosticadministrations of radiopharmaceuticalsto individuals for whom they were notintended are not misadministrations asdefined in § 35.2.

If a misadministration occurs, § 35.33requires that the NRC, the referringphysician, and the individual receivingthe administration (or a responsiblerelative or guardian) be informed of themisadministration (unless the referringphysician makes a decision based onmedical judgement that telling theindividual or responsible relative orguardian would be harmful.) If the dosefrom a diagnostic administration to thewrong individual does not exceed thethreshold for a misadministration, theadministration is not amisadministration as defined in § 35.2,and part 35 does not require notificationof the NRC or the individual.

Separate from the requirements formisadministrations, § 20.1301(a)(1)contains a dose limit for members of thepublic of 0.1 rem (1 millisievert).However, the scope of part 20 in§ 20.1002 states that, ‘‘The limits in thisPart do not apply to doses due * * * toexposure of patients to radiation for thepurpose of medical diagnosis ortherapy. * * *’’

A question arose about theapplicability of those words in a specificcase in which an individual mistakenlyreceived an administration of a

diagnostic radiopharmaceutical becauseof an error on the part of the physicianrequesting the test. In that particularcase the dose to the individual receivingthe administration was below thethreshold for reporting of themisadministration, but above the 0.1rem (1 millisievert) dose limit in§ 20.1301(a)(1) for a member of thepublic. Was there a violation of§ 20.1301(a)(1) or do the words in thescope of part 20 exclude this event frombeing subject to the dose limits in part20? In other words, does the exclusionfrom the part 20 dose limits exclude anymedical administration to anyindividual, even an individual notsupposed to receive an administration?

The Commission concludes that, ingeneral, the administration ofradiopharmaceuticals should beregulated by part 35 rather than part 20.The medical administration ofradioactive materials is a very specialuse of radioactive materials that is bestdealt with by specific regulationscovering those administrations. Inparticular, the Commission believes thatan administration to any individual isand should be subject to the regulationsin part 35. This was the Commission’sintent when the currentmisadministration requirements wereadopted in the final rule, ‘‘QualityManagement Programs andMisadministrations,’’ (July 25, 1991; 56FR 34104) and continues to be theCommission’s intent.

In establishing which errors inadministration should be under themisadministration reportingrequirements, the NRC sought tooptimize the cost effectiveness of therule by concentrating its regulatoryrequirements on those events with thegreatest risk and placing fewerrequirements on those with relativelylow risk, such as most diagnostic usesof radiopharmaceuticals. In the finalrule on ‘‘Quality Management Programsand Misadministrations’’ (July 25, 1991;56 FR 34104), the Commission statedthat the proposed requirements thatwould have had minimal impact on riskwere eliminated to make the final rulemore cost effective (e.g., deleting thediagnostic components of the proposedrule).

In reaching its conclusion, theCommission recognized that in theevent of administration of radioactivematerial to the wrong individual, theability to control the dose to thatindividual has been lost. One cannotdecide to terminate the exposure at acertain point to prevent exceeding adose limit. Therefore, the relevantquestions are: What steps areappropriate to reduce the likelihood of


an administration to the wrongindividual; what corrective actionsshould be taken if the mistake occurs;and what regulatory response isappropriate if such a mistake occurs?

Each of these questions was dealtwith in developing the rule on qualitymanagement programs andmisadministrations. The Commissionconsidered, in the rulemaking onquality management program andmisadministrations, what steps shouldbe taken to avoid the administration ofradioactive materials to an individualnot supposed to receive theadministration. Those steps arecontained in § 35.32, ‘‘Qualitymanagement program.’’ In adoptingthose requirements, the Commissiondecided to apply the requirements in§ 35.32 only to administrations with thepotential for relatively high doses and toexclude most diagnostic administrationsfrom the requirements. For thosediagnostic administrations not coveredby § 35.32, it was considered adequateto rely on the normal and traditionalmethods and techniques that medicalcare providers use to ensure thatmedications are given to the rightindividual in the right amount at theright time.

Similarly, the NRC’s requirementsthat licensees take appropriatecorrective actions in response to amisadministration are contained in§ 35.32. The specific requirementsdealing with corrective actions apply toany administration requiring a qualitymanagement program.

With regard to the appropriateregulatory response to mistakes inadministrations, the Commissiondecided that violation of the qualitymanagement program requirements,which apply to the more significantadministrations, were significantenough that they may result in a civilpenalty.

Thus, in the quality managementprogram and misadministrationsrulemaking, the Commission clearlyaddressed the issue of when theadministration of a radioactive materialto the wrong individual was sufficientlysignificant to warrant certain actions.Specific thresholds were establishedand codified to reflect the Commission’sview of a reasonable balance betweenharm and burden. In particular, theCommission concluded that lowerthresholds would not significantlyreduce risk and would divert resourcesthat should be directed toward reducingthe more serious of those errors. TheCommission continues to endorse thejudgement that it made in thatrulemaking.

II. Summary of the Proposed Changes

To clarify the meaning and intent ofpart 20, the NRC is proposing to amendthe scope of part 20, the definitions ofpublic dose and occupational dose, andthe wording in § 20.1301(a)(1) on publicdose limit to clarify that the dose limitfor individual members of the publicdoes not apply to dose contributionsfrom any medical administration theindividual has received. Thus, themedical administration of radioactivematerials or radiation to any individual,even an individual not supposed toreceive an administration, is not subjectto the public dose limit in§ 20.1301(a)(1), but is within the scopeof part 35.

The proposed changes in part 20would replace the word ‘‘patient’’ withthe word ‘‘individual.’’ The word‘‘patient’’ has sometimes been taken tomean only the individual intended toreceive the administration. At othertimes, the view has been that anyonewho receives a medical procedure is a‘‘patient.’’ Replacing ‘‘patient’’ with‘‘individual’’ would clarify that thestatement refers to anyone receiving amedical administration. Forconsistency, in terminology betweenparts, the word ‘‘patient’’ in thedefinition of misadministration in§ 35.2, ‘‘Definitions,’’ and in certainlocations in paragraph (a)(2) of § 35.33would be replaced by the word‘‘individual.’’

In § 20.1002, the phrase ‘‘for thepurpose of medical diagnosis andtherapy’’ would be replaced by thephrase ‘‘any medical administration theindividual has received.’’ The existingwording raised the question of whetheran administration was within the scopeof part 20 if the administration had novalid medical purpose. The proposedwording would make it clear thatregardless of the purpose or lack ofpurpose, dose to an individual from anymedical administration the individualhas received is not within the scope ofpart 20, but is within the scope of part35.

For the sake of consistency andclarity, the same words would be usedin § 20.1002, ‘‘Scope,’’ in § 20.1003,‘‘Definitions,’’ (in the definitions of bothpublic dose and occupational dose), andin § 20.1301, ‘‘Dose limits for individualmembers of the public.’’ Also forconsistency and clarity, the exclusion ofdose from background radiation andfrom voluntary participation in medicalresearch programs that are nowincluded in §§ 20.1002 and 20.1003would be added to § 20.1301(a).

The existing § 20.1301(a) alsoexcludes dose contributions from the

licensee’s disposal of radioactivematerial into sanitary sewerage. Thatexclusion would not be added to§§ 20.1002 and 20.1003 because thequestion of dose from sewer disposal ofradioactive material is now underconsideration by the NRC. When thatissue is resolved, it is intended that thewording concerning dose from sewerdisposal will be made consistent in§§ 20.1002, 20.1003, and 20.1301(a).

Another recently published proposedrule (June 15, 1994; 59 FR 30724),which deals with criteria for the releaseof individuals administered radioactivematerial, would also amend§ 20.1301(a)(1). When that amendmentof § 20.1301(a)(1) is published in finalform, the wording on what is excludedfrom the dose limit will be inserted in§§ 20.1002 and 20.1003 (in thedefinitions of public dose andoccupational dose) so that the sameparallelism will exist throughout.

In addition, another proposed rule(February 3, 1994; 59 FR 5132) wouldamend the definitions of public doseand occupational dose in 10 CFR part20. However, that proposed rule wouldonly amend the first sentence in thedefinitions and would not change thewording associated with what isexcluded from public dose. Therefore,this proposed rule and that proposedrule do not conflict.

III. Request for Comment onNotification

Another question related to theadministration of radioactive materialsto the wrong individual concernsinforming the individual of the error.Section 35.33 generally requiresnotification of the individual in the caseof a misadministration. However, if thedose or the amount is less than themisadministration threshold, § 35.33does not require that the individual whoreceived an administration of aradiopharmaceutical by mistake benotified of the error. One fundamentaldifference in the case in which thewrong individual receives theadministration is that, unlike theintended patient, who it may be arguedmay have been informed that he or shewill be exposed to radiation and hasthereby implicitly or explicitlyconsented to the procedure, the wrongindividual has generally not consentedto any radiation dose at all. Thequestion then becomes, should part 35require that the individual be notified ofthe error regardless of the dose thatwould be received?

The Commission was divided onwhether the individual should benotified. The NRC’s AdvisoryCommittee on Medical Uses of Isotopes


(ACMUI) has assured the NRC thatstandard medical practice is that aphysician who becomes aware that amedical procedure has been performedon the wrong individual should andalmost always would notify theindividual of the mistake. The currentquality management program andmisadministrations rule does notrequire the physician to notify theindividual if the dose or amount isbelow the threshold for amisadministration. The NRC is nowseeking comment on whether it shouldcontinue to rely on standard medicalpractice below the misadministrationthreshold or whether it is appropriate toimpose an NRC requirement fornotification below themisadministration threshold if theadministration is to the wrongindividual. For example, the NRCwould like comments on whether abroader notification requirement wouldimplicitly impose recordkeeping andprocedural requirements upon licenseesbeyond those explicitly set forth in part35.

IV. Consistency With the 1979 MedicalPolicy Statement and CoordinationWith ACMUI

On February 9, 1979 (44 FR 8242), theNRC published a Statement of GeneralPolicy on the Regulation of the MedicalUses of Radioisotopes. The firststatement of the policy states, ‘‘The NRCwill continue to regulate the medicaluses of radioisotopes as necessary toprovide for the radiation safety ofworkers and the general public.’’ Theproposed rule is consistent with thisstatement because it continues toprovide for administrations ofradioactive materials to be regulatedunder 10 CFR part 35. The proposedrule further clarifies that additionalregulations are not considerednecessary.

The second statement of the policystates, ‘‘The NRC will regulate theradiation safety of patients wherejustified by the risk to patients andwhere voluntary standards, orcompliance with these standards, areinadequate.’’ The proposed rule isconsistent with the statement because itclarifies that existing requirementsconcerning misadministrations continueto be concentrated on administrationshaving the greatest risk significance.

The third statement of the policystates, ‘‘The NRC will minimizeintrusion into medical judgementsaffecting patients and into other areastraditionally considered to be a part ofthe practice of medicine.’’ The proposedrule is consistent with this statementbecause it limits its specific regulatory

requirements for notification to the mostserious errors in administration andminimizes requirements on errors inadministrations that have less risksignificance.

Thus, the proposed rule is consideredto be consistent with the 1979 medicalpolicy statement.

The subject of this proposed rule wasdiscussed with the NRC’s AdvisoryCommittee on Medical Uses of Isotopes(ACMUI) on May 19, 1994. The ACMUIagreed that medical administrations,including those to an individual notsupposed to receive an administration,should be regulated by part 35 ratherthan part 20. The ACMUI stated thatnotification of an individual of an errorin administration below themisadministration threshold is thecurrent practice and should not beregulated.

V. Coordination With and Issue ofCompatibility for Agreement States

This proposed rulemaking wasdiscussed with representatives ofAgreement States at a meeting,‘‘Organization of Agreement StateManagers Workshop and Public Meetingon Rulemaking,’’ in Herndon, VA, onJuly 12, 1994. There was some concernthat the NRC approach was differentfrom how State regulations addressinadvertent x-ray exposures, but nostrong opposition. The proposed rulewas revised to address the concerns ofthe States and then discussed at asubsequent meeting of the AgreementStates in Portland, ME, on October 24,1994. The States were polled on howthey regulated an administration to thewrong individual, and it was found thatthey would regulate the administrationthe same way as in this proposed rule.

The NRC believes that the proposedmodification of part 20 should be aDivision 1 matter of compatibilityconsistent with past practice ofrequiring basic definitions to be uniformfor effective communication of basicradiation concepts. The Commissionspecifically requests comments onwhether the proposed modification topart 20 should be made a Division 1matter of compatibility.

VI. Finding of No SignificantEnvironmental Impact

The NRC has determined under theNational Environmental Policy Act of1969, as amended, and theCommission’s regulations in subpart Aof part 51, that this rule, if adopted,would not be a major Federal actionsignificantly affecting the quality of thehuman environment. Therefore, anenvironmental impact statement is notrequired.

The NRC has not prepared a separateenvironmental assessment. Thefollowing discussion constitutes theassessment. The proposed rule wouldnot change the NRC’s requirementsconcerning the administration ofradiation and radioactive materials.Those requirements are and wouldcontinue to be contained in part 35 ofthe NRC’s regulations. When thepotential ambiguity concerningapplication of part 20 and part 35requirements was recognized, theCommission specifically informed thestaff of its view that the properinterpretation was that the more specificpart 35 requirements should govern allmedical administrations and directedthat action be taken to remove from theregulations any ambiguity on this issue.The staff has, accordingly, notinterpreted § 20.1301(a)(1) as applyingto any medical administrations, but hasproceeded with this rulemaking toremove any ambiguity in theregulations. The proposed rule wouldmerely amend part 20 to make it clearthat part 20 does not address medicaladministrations. Thus, the proposedrule, if adopted, would clarify the NRC’srequirements rather than change them,and there would be no environmentalimpact.

VII. Paperwork Reduction ActStatement

This proposed rule does not containa new or amended informationcollection requirement subject to thePaperwork Reduction Act of 1980 (44U.S.C. 3501 et seq.). Existingrequirements were approved by theOffice of Management and Budget,approval numbers 3150–0014 and 3150–0010.

VIII. Regulatory AnalysisThe regulatory analysis for this

proposed rulemaking is as follows:

1. Alternatives

Alternative 1: Part 20 Regulates Doses toWrong Individuals

In this alternative, a medicaladministration of radiation orradioactive material to an individualwhen no administration is intended thatresults in a total effective doseequivalent greater than 1 millisievert(0.1 rem) would be a violation of§ 20.1301. If the event did not meet thethreshold definition of amisadministration, NRC would receive anotification of the event from thelicensee pursuant to § 20.2203, ‘‘Reportsof exposures, radiation levels, andconcentrations of radioactive materialexceeding the limits’’ and the individualinvolved would receive notification of


the exposure from the licensee pursuantto § 19.13(d), ‘‘Notifications and reportsto individuals.’’

Under this alternative, notificationand recordkeeping requirements of 10CFR parts 19 and 20 would apply to themedical administration of radiation orradioactive material to the wrongindividual that involves a dose to theindividual above 1 millisievert (0.1 rem)but less than the threshold definition ofa misadministration.

Alternative 2: Part 35 Regulates Doses toWrong Individuals

In this alternative, the medicaladministration of radiation orradioactive material to any individualwould be the exclusive province of theregulations in 10 CFR part 35. Section20.1301 would not be applicable. Underthis alternative, errors in theadministration of radiation orradioactive material to individualswould be subject to the reporting andnotification requirements of 10 CFR part35 rather than the reporting andnotification requirements in 10 CFRparts 19 and 20. This alternative isconsistent with the Commission’sdetermination, published in the rule onquality management programs andmisadministrations (July 25, 1991; 56FR 34104), that licensees should directtheir resources toward preventing themore serious errors in theadministration of byproduct material.

However, there would be norequirement in the event of errors in theadministration of byproduct material toindividuals who were not intended toreceive any administration for themedical licensee to notify either theNRC or the individual of the errorunless the error meets the thresholddefinition of a misadministration in§ 35.2. In general, standard medicalpractice is that a physician whobecomes aware that a medical procedurehas been performed on the wrongindividual would notify the individualof the mistake.

Preferred Alternative

Alternative 2 (Part 35 is controlling) ispreferable because it maintains theintent of the rulemaking on qualitymanagement programs andmisadministrations by concentratingregulatory requirements on those eventswith the greatest risk and placing fewerrequirements on those with relativelylow risk, such as most diagnostic usesof radiopharmaceuticals. Also, thisalternative would allow the Commissionto treat all medical administrations oflicensed material consistently under theregulations in Part 35.

2. Impact of Proposed Action

Licensees. There is no anticipatedimpact on licensees, except thatlicensees will more clearly understandthe meanings of the regulations.

Individuals. There is no anticipatedimpact on an individual because thisaction will not increase or decrease theerror rate for administrations ofradiation or radioactive material.

NRC Resources. No NRC resourceswould be required to implement therule.

IX. Regulatory Flexibility Certification

As required by the RegulatoryFlexibility Act of 1980, 5 U.S.C. 605(b),the NRC certifies that, if adopted, thisproposed rule would not have asignificant economic impact on asubstantial number of small entities.The impact of the revised regulationwould not be significant because theproposed amendment represents acontinuation of current practice andmerely clarifies existing requirements.

X. Backfit Analysis

The NRC has determined that thebackfit rule, § 50.109, does not apply tothis proposed rule and, therefore, that abackfit analysis is not required for thisproposed rule, because theseamendments do not involve anyprovisions which would impose backfitsas defined in § 50.109(a)(1).

List of Subjects

10 CFR Part 20

Byproduct material, Criminalpenalties, Licensed material, Nuclearmaterials, Nuclear power plants andreactors, Occupational safety andhealth, Packaging and containers,Radiation protection, Reporting andrecordkeeping requirements, Specialnuclear material, Source material, Wastetreatment and disposal.

10 CFR Part 35

Byproduct material, Criminalpenalties, Drugs, Health facilities,Health professions, Medical devices,Nuclear materials, Occupational safetyand health, Radiation protection,Reporting and recordkeepingrequirements. For the reasons set out inthe preamble and under the authority ofthe Atomic Energy Act of 1954, asamended; the Energy ReorganizationAct of 1974, as amended; and 5 U.S.C.553; the NRC is proposing to adopt thefollowing amendments to 10 CFR parts20 and 35.

PART 20—STANDARDS FORPROTECTION AGAINST RADIATION


Authority: Secs. 53, 63, 65, 81, 103, 104,161, 182, 186, 68 Stat. 930, 933, 935, 936,937, 948, 953, 955, as amended (42 U.S.C.2073, 2093, 2095, 2111, 2133, 2134, 2201,2232, 2236), secs. 201, as amended, 202, 206,88 Stat. 1242, as amended, 1244, 1246 (42U.S.C. 5841, 5842, 5846).

2. Section 20.1002 is revised to readas follows:

§ 20.1002 Scope.The regulations in this part apply to

persons licensed by the Commission toreceive, possess, use, transfer, ordispose of byproduct, source, or specialnuclear material or to operate aproduction or utilization facility underparts 30 through 35, 39, 40, 50, 60, 61,70, or 72 of this chapter. The limits inthis part do not apply to doses due tobackground radiation, due to anymedical administration the individualhas received, or due to voluntaryparticipation in medical researchprograms.

3. In § 20.1003, the definitions ofOccupational dose and Public dose arerevised to read as follows:


* * * * *Occupational dose means the dose

received by an individual in a restrictedarea or in the course of employment inwhich the individual’s assigned dutiesinvolve exposure to radiation and toradioactive material from licensed andunlicensed sources of radiation,whether in the possession of thelicensee or other person. Occupationaldose does not include dose receivedfrom background radiation, from anymedical administration the individualhas received, from voluntaryparticipation in medical researchprograms, or as a member of the generalpublic.* * * * *

Public dose means the dose receivedby a member of the public fromexposure to radiation and to radioactivematerial released by a licensee, or toanother source of radiation either withina licensee’s controlled area or inunrestricted areas. It does not includeoccupational dose or doses receivedfrom background radiation, from anymedical administration the individualhas received, or from voluntaryparticipation in medical researchprograms.* * * * *

4. In § 20.1301, paragraph (a)(1) isrevised to read as follows:


1 As required by 10 CFR 2.804(f), the Commissionhad also invited post-promulgation comment at thetime it promulgated the final part 52 rule. See 57FR 60975 (December 30, 1992). In response to thiscomment opportunity, the Commission receivedcomments only from the Nuclear Management andResources Council (NUMARC). The Commissionresponded to this comment in a Federal Registernotice published on December 30, 1993 (58 FR69220).

2 The ‘‘Sholly’’ procedure, which the Commissionmade applicable to combined licenses in the finalrule in accordance with the Energy Policy Act (see57 FR at 60976; 10 CFR 52.97(b)(2)(ii)), allows theCommission to make an amendment to a combinedlicense immediately effective (i.e., prior to a hearingif it makes a finding that there are no significanthazards considerations.

§ 20.1301 Dose limits for individualmembers of the public.

(a) * * *(1) The total effective dose equivalent

to individual members of the publicfrom the licensed operation does notexceed 0.1 rem (1 mSv) in a year,exclusive of the dose contributions frombackground radiation, any medicaladministration the individual hasreceived, voluntary participation inmedical research programs, and thelicensee’s disposal of radioactivematerial into sanitary sewerage inaccordance with § 20.2003.* * * * *


Authority: Secs. 81, 161, 182, 183, 68 Stat.935, 948, 953, 954, as amended (42 U.S.C.2111, 2201, 2232, 2233); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841).

6. In § 35.2, the definition formisadministration is revised atparagraphs (1)(i), (2)(i), (3)(i), (4)(i),(5)(i), (6)(i), and (6)(ii) by removing theword ‘‘patient’’ and inserting the word‘‘individual.’’

7. In § 35.33, paragraph (a)(2) isrevised to read as follows:

§ 35.33 Notifications, reports, and recordsof misadministrations.

(a) * * *(2) The licensee shall submit a written

report to the appropriate NRC RegionalOffice listed in 10 CFR 30.6 within 15days after discovery of themisadministration. The written reportmust include the licensee’s name; theprescribing physician’s name; a briefdescription of the event; why the eventoccurred; the effect on the individual;what improvements are needed toprevent recurrence; actions taken toprevent recurrence; whether thelicensee notified the individual, or theindividual’s responsible relative orguardian (this person will besubsequently referred to as ‘‘the patient’’in this section), and if not, why not, andif the patient was notified, whatinformation was provided to the patient.The report must not include thepatient’s name or other information thatcould lead to identification of thepatient.* * * * *

Dated at Rockville, Maryland, this 19th dayof January, 1995.

For the Nuclear Regulatory Commission.John C. Hoyle,Acting Secretary of the Commission.[FR Doc. 95–1817 Filed 1–24–95; 8:45 am]BILLING CODE 7590–01–P

10 CFR Part 52

RIN 3150–AE42

Combined Licenses; ConformingAmendments; Post-PromulgationComment

AGENCY: Nuclear RegulatoryCommission.ACTION: Final rule; comment response.

SUMMARY: The Nuclear RegulatoryCommission (Commission) is addressingthe one comment that it received inresponse to a supplementary post-promulgation comment opportunity ona portion of its final rule amending itsregulations to conform to the provisionsof Title XXVIII of Public Law 102–486,the ‘‘Energy Policy Act of 1992,’’ signedinto law on October 24, 1992. Thisnotice is necessary to inform the publicof the Commission’s response to thatpost-promulgation comment.DATES: The final rule became effectiveJanuary 22, 1993. Comments to thesupplementary comment opportunitywere due by July 11, 1994.FOR FURTHER INFORMATION CONTACT:Grace H. Kim, Office of the GeneralCounsel, U.S. Nuclear RegulatoryCommission, Washington, DC 20555,telephone 301–415–3605.


BackgroundBy Federal Register notice published

on June 10, 1994 (59 FR 29965), theCommission offered a supplementary30-day opportunity for ‘‘post-promulgation’’ comment on a portion ofthe final rule revising 10 CFR part 52 inlight of Title XXVIII of the Energy PolicyAct of 1992 (Pub. L. 102–486, 106 Stat.2776), which amended the AtomicEnergy Act to authorize explicitly theissuance of combined construction andoperating licenses for nuclear powerplants.1 As the Commission explainedin its Federal Register notice, thissupplementary comment opportunity,limited to the so-called ‘‘Sholly’’ portionof the final part 52 rule,2 was provided

by the Commission in conjunction withan agreement for the voluntarywithdrawal of a petition for review ofthe final part 52 rule that had been filedby the Nuclear Information andResource Service in the Court ofAppeals for the District of ColumbiaCircuit. See id. The Commissionreceived only one comment in response,which was submitted on July 8, 1994 bythe Nuclear Energy Institute (NEI) (thesuccessor organization to NUMARC). Inits submittal NEI essentially mirrorsNUMARC’s previous comments withrespect to the ‘‘Sholly’’ provisions of thefinal rule, expressing its support for theCommission’s amendment of 10 CFR52.97 to make the ‘‘Sholly’’ procedureapplicable to combined licenses andreiterating NUMARC’s earlier requestthat the Commission modify certainlanguage in the final rule’s statement ofconsiderations to clarify theCommission’s intent regarding theimplementation of § 52.97. See 58 FR at69220, 69221. Because NEI merelyreiterates NUMARC’s comments, whichhave already been fully considered andaddressed by the Commission (id.), nofurther response is necessary.

List of Subjects in 10 CFR Part 52Administrative practice and

procedure, Antitrust, Backfitting,Combined license, Early site permit,Emergency planning, Fees, Inspection,Limited work authorization, Nuclearpower plants and reactors, Probabilisticrisk assessment, Prototype, Reactorsiting criteria, Redress of site, Reportingand recordkeeping requirements,Standard design, Standard designcertification.

Dated at Rockville, Maryland this 19th dayof January, 1995.

For the Nuclear Regulatory Commission.John C. Hoyle,Acting Secretary of the Commission.[FR Doc. 95–1816 Filed 1–24–95; 8:45 am]BILLING CODE 7590–01–M


40 CFR Parts 2, 57, 85, 86, 122, 123,145, 233, 260, 270, 271, 281, 350, 403,704, 707, 710, 712, 716, 717, 720, 723,750 and 790

[FRL–5143–6]RIN 2020–AA21

Public Information and ConfidentialityRegulations

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Extension of comment period.


SUMMARY: On November 23, 1994 (59 FR60445) EPA issued a proposal to reviseprovisions concerning confidentiality ofbusiness information. This proposalprovided for a 60-day comment period,ending on January 23, 1995. EPA isextending the comment period toFebruary 24, 1995, in response torequests to provide more time forcomment preparation.DATES: Comments will be accepted untilFebruary 24, 1995.ADDRESSES: Send or deliver writtencomments to Donald A. Sadowsky,General and Information Law Division(2379), Office of General Counsel,Environmental Protection Agency, 401M Street, SW., Washington, DC 20460.FOR FURTHER INFORMATION CONTACT:Donald A. Sadowsky, Office of GeneralCounsel. Telephone 202/260–5469.SUPPLEMENTARY INFORMATION: OnNovember 23, 1994 (59 FR 60445), EPAproposed to modify certain regulationsat 40 CFR part 2, subpart A, governingthe Freedom of Information Act, atsubpart B, governing confidentialbusiness information, and at other partsof Title 40, governing confidentialbusiness information submitted tospecific Agency programs.

The Agency has received severalrequests for extension of the commentperiod. The requestors have stated thatthe complexity and breadth of the issuesin the proposal require additional timein order to adequately comment on theproposal.

EPA is interested in a full range ofcomments and information on theseissues. Therefore the Agency is grantingan extension of the comment perioduntil February 24, 1995.

Dated: January 14, 1995.Jean Nelson,General Counsel.[FR Doc. 95–1737 Filed 1–24–95; 8:45 am]BILLING CODE 6560–50–P

40 CFR Part 91

[FRL–5145–1]

RIN 2060–AE54

Control of Air Pollution; EmissionStandards for New Gasoline Spark-Ignition and Diesel Compression-Ignition Marine Engines

AGENCY: Environmental ProtectionAgency.ACTION: Extension of comment periodfor the notice of proposed rulemaking.

SUMMARY: EPA announces an extensionof the public comment period untilMarch 2, 1995 for the proposed

rulemaking regarding emissionstandards for new gasoline spark-ignition and diesel compression-ignitionmarine engines. EPA is extending thedeadline for public comment at therequest of the National MarineManufacturers Association and theEngine Manufacturers Association.Extension of the comment period willfacilitate the submission of publiccomment by allowing a more reasonabletime frame.DATES: Comments must be received onor before Thursday, March 2, 1995.ADDRESSES: Interested parties maysubmit written comments (in triplicate,if possible) for EPA consideration byaddressing them as follows: EPA AirDocket (LE–131), Attention: DocketNumber A–92–28, Room M–1500, 401M Street, S.W., Washington, DC 20460.Materials relevant to this rulemaking arecontained in this docket and may bereviewed at this location from 8:00 a.m.until noon and from 1:30 p.m. until 3:30p.m. Monday through Friday. Asprovided in 40 CFR part 2, a reasonablefee may be charged by EPA forphotocopying.FOR FURTHER INFORMATION CONTACT:Deanne North, Office of Mobile Sources,Certification Division, (313) 668–4283or Holly Pugliese, Office of MobileSources, Certification Divsion, (313)668–4288.SUPPLEMENTARY INFORMATION: Authorityfor the proposed new marine engineemission standards is granted to EPA bysections 203, 204, 205, 206, 207, 208,209, 213, 215, 216, and 301(a) of theClean Air Act (CAA) as amended. Thenotice of proposed rulemaking (NPRM)was published in the Federal Registeron Wednesday, November 9, 1994 (59FR 55930).

The current comment period wouldclose on Tuesday, January 31, 1995.However, with this notice, EPA hasextended the comment period toThursday, March 2, 1995, at the requestof two marine engine manufacturerassociations. EPA has received a requestfrom the National Marine ManufacturersAssociation for an extension of thedeadline to allow smaller manufacturers(and other manufacturers) additionaltime to study and comment on theproposed rule. Some of the smallercompanies who have not workeddirectly with the association inproviding data and input to EPA duringthe development of the proposal needadditional time to study the proposal toprovide meaningful comment. Inaddition, EPA has received a requestfrom the Engine ManufacturersAssociation for an extension of thecomment period to allow EMA member

companies additional time to study andcomment on the diesel compression-ignition portions of the proposed rule,particularly on the technical testprocedure issues. The Agency has aninterest in examining comprehensiveinformation from interested parties thatmay be useful in developing the mostappropriate final rule. Therefore, EPAhas extended the comment period untilThursday, March 2, 1995.


Mary Nichols,Assistant Administrator.[FR Doc. 95–1858 Filed 1–24–95; 8:45 am]


DEPARTMENT OF DEFENSE

48 CFR Parts 210, 215, and 252

Defense Federal AcquisitionRegulations Supplement;Specifications and Standards

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule; extension ofcomment period.

SUMMARY: This extends the publiccomment period for the proposed ruleon Specifications and Standards that theDepartment of Defense published onDecember 23, 1994 (59 FR 66287).

DATES: Comments on the proposed ruleshould be submitted in writing to theaddress shown below on or beforeFebruary 23, 1995, to be considered inthe formulation of the final rule.

ADDRESSES: Interested parties shouldsubmit written comments to: DefenseAcquisition Regulations Council, Attn:Ms. Michele Peterson, PDUSD (A&T) DP(DAR), IMD 3D139, 3062 DefensePentagon, Washington, DC 20301–3062.Telefax number (703) 602–0350. Pleasecite DFARS Case 94–D003 in allcorrespondence related to this proposedrule.

FOR FURTHER INFORMATION CONTACT:Ms. Michele Peterson, (703) 602–0131.Claudia L. Naugle,Deputy Director, Defense AcquisitionRegulations Council.[FR Doc. 95–1821 Filed 1–24–95; 8:45 am]

BILLING CODE 5000–04–M


DEPARTMENT OF TRANSPORTATION

Research and Special ProgramsAdministration

49 CFR Parts 171, 172, 173, 174, 175,176, 177, 178, 179, and 180

[Docket No. HM–221; Notice No. 95–2]

RIN 2137–AC62

Alternate Standards for Open-HeadFiber Drum Packaging

AGENCY: Research and Special ProgramsAdministration (RSPA), DOT.ACTION: Supplemental advance notice ofproposed rulemaking; reopening ofpublic comment period andannouncement of public hearing.

SUMMARY: RSPA is inviting additionalproposals and comments concerningalternate standards for open-head fiberdrum packagings, for the domestictransportation of liquid hazardousmaterials. Among the matters on whichfurther comments may be submitted arethe alternate standards proposed by theInternational Fibre Drum Institute; aproposed exception for certainshipments of hazardous wastes; and thefactors which RSPA should consider inthis rulemaking proceeding.DATES: Written comments: Commentsmust be received on or before March 13,1995.

Public hearing: A public hearing willbe held on February 17, 1995, beginningat 9:30 a.m.ADDRESSES: Comments: Addresscomments to Dockets Unit, Researchand Special Programs Administration,U.S. Department of Transportation,Washington, DC 20590–0001.Comments should identify the Docket(HM–221) and be submitted, if possible,in five copies. Persons wishing toreceive confirmation of receipt of theircomments should include a self-addressed stamped postcard showingthe docket number. The Dockets Unit islocated in Room 8419 of the NassifBuilding, 400 Seventh Street, SW.,Washington, DC 20590–0001.Telephone: 202–366–5046. Publicdockets may be reviewed between thehours of 8:30 a.m. and 5:30 p.m.,Monday through Friday except Federalholidays.

Public hearing: The February 17, 1995public hearing will be held at theFederal Aviation Administration’sAuditorium, 3rd floor, 800Independence Avenue, SW.,Washington, DC. Any person planningto present an oral statement at thepublic hearing should notify John Potteror Diane LaValle, by telephone or in

writing by February 15, 1995. Eachrequest must include the identity of thespeaker and organization represented, ifany; a daytime telephone number; andanticipated length of presentation, notto exceed 10 minutes. Speakers arerequested to provide a written copy oftheir prepared text to the presidingofficer prior to making their oralstatement. The hearing may concludebefore 5 p.m. if all persons wishing tospeak have been heard.FOR FURTHER INFORMATION CONTACT: JohnPotter or Diane LaValle, Office ofHazardous Materials Standards,Research and Special ProgramsAdministration, U.S. Department ofTransportation, 400 Seventh Street,SW., Washington, DC 20590–0001;telephone 202–366–4488.


I. Background

On and after October 1, 1996, fiberdrums used for the transportation ofliquid hazardous materials must meetthe performance-oriented standards setforth in Subpart M of 49 CFR Part 178.See 49 CFR 171.14(a)(1)(iii). Theseconsist of the tests and standardprescribed in the following sections of49 CFR:§ 178.603—drop test§ 178.604—leakproofness test§ 178.605—hydrostatic test§ 178.606—stacking test§ 178.608—vibration standard

These performance-oriented standardswere adopted in RSPA’s rulemakingproceeding No. HM–181. 55 FR 52042(Dec. 21, 1990); 56 FR 66124 (Dec. 20,1991); 57 FR 45442, 45446 (Oct. 1,1992); 57 FR 46624 (Oct. 9, 1992).

On October 7, 1994, RSPA publishedin the Federal Register an advancenotice of proposed rulemaking(ANPRM), Docket No. HM–221; NoticeNo. 94–9 (59 FR 51157), solicitingcomments and proposals for alternatestandards for open-head fiber drumpackaging. The ANPRM was issued tofulfill the requirement in Section 122(a)of the Hazardous MaterialsTransportation Authorization Act of1994 (Pub. L. 103–311) (the ‘‘Act’’) thatDOT initiate a rulemaking proceeding

To determine whether the requirements ofsection 5103(b) of title 49, United States Code(relating to regulations for safetransportation) as they pertain to open headfiber drum packaging can be met for thedomestic transportation of liquid hazardousmaterials (with respect to thoseclassifications of hazardous materialstransported by such drums pursuant toregulations in effect on September 30, 1991)with standards other than the performance-oriented packaging standards adopted under

docket number HM–181 contained in part178 of title 49, Code of Federal Regulations.

If, as a result of this rulemakingproceeding, DOT determines

That a packaging standard other than theperformance-oriented packaging standardsreferred to in [Section 122(a)] will provide anequal or greater level of safety for thedomestic transportation of liquid hazardousmaterials than would be provided if suchperformance-oriented standards were ineffect, [DOT] shall issue regulations whichimplement such other standards and whichtake effect before October 1, 1996.

Section 122(b). The Act also requiresthat the rulemaking proceeding becompleted before October 1, 1995(Section 122(c)), but that thisrulemaking and any regulations issued‘‘shall not apply to packaging for thosehazardous materials regulated by theDepartment of Transportation aspoisonous by inhalation * * *’’ Section122(d)(1).

In the ANPRM, RSPA requested‘‘[d]etailed comments and proposals. . . that will assist RSPA in developingan appropriate regulatory proposalconsistent with the requirement quotedabove.’’ 59 FR 51158. RSPA invitedproposals, ‘‘preferably in the form of adraft standard, that would assist RSPAin accomplishing the intended effect ofthis law.’’ Id. RSPA also invitedcomments on whether alternatestandards for open head fiber drumsshould be limited to domestictransportation of liquid hazardousmaterials. The comment period on theANPRM closed December 12, 1994.

In response to the ANPRM, RSPAreceived comments from 17 parties. Inaddition, RSPA’s Administrator andother DOT officials have held twomeetings concerning this rulemakingwith: (1) Counsel for the InternationalFibre Drum Institute (IFDI) and officialsof Sonoco Products Company (a memberof IFDI), on September 30, 1994, and (2)representatives of the Association ofContainer Reconditioners, the 3MCorporation, USX Corporation, and theSteel Shipping Container Institute(SSCI), on December 16, 1994. Notes ofthese two meetings have been placed inthe public docket file of this rulemakingproceeding.

Only IFDI has proposed alternatestandards for open-head fiber drumpackaging for the transportation ofliquid hazardous materials. Severalother commenters expressed oppositionto alternate standards, including SSCIwhich asserted that alternate standardswould move the United States awayfrom an international system ofhazardous materials regulations, forcingsome shippers to stock differentpackagings for domestic and


international shipments, andcompromise transportation safety byauthorizing lower quality packagings.Another commenter stated that alternatepackagings should be approved onlyunder the provisions of 49 CFR178.601(h), which authorizes RSPA’sAssociate Administrator for HazardousMaterials Safety to approve packagingswhich are ‘‘shown to be equallyeffective, and testing methods usedmust be equivalent.’’

Another party, Monsanto Company,expressed general support for theperformance-oriented packagingstandards adopted in HM–181, buturged RSPA to provide a limitedexception to allow the use of non-standard fiber drums for the shipment ofliquid hazardous wastes in packinggroups II and III to incinerationfacilities. Monsanto’s proposal wouldapply to the situation when the entirepackage (with its contents) was to beincinerated, and would allow the one-time use of drums similar in design toformer DOT specifications 21C and 21P,under conditions similar to those setforth in 49 CFR 173.12(c) (authorizingthe reuse of standard packagings forshipments of hazardous waste, byhighway only, when the packaging ispacked at least 24 hours in advance oftransportation, inspected for leaks, andloaded by the shipper and unloaded bythe consignee—or handled only byprivate or contract carrier). Monsantowould also limit to 90 days the totaltime the non-standard fiber drum couldcontain the liquid hazardous waste.

Other commenters stated that anyalternate standards adopted shouldapply to all open-head drums (ofwhatever construction materials);Russell-Stanley Corp. specificallyrequested that RSPA expand thisrulemaking to include steel and plasticdrums ‘‘of equal performance,’’ if RSPAissued alternate standards for fiberdrums.

In its comments, IFDI stated thatopen-head fiber drums presently beingmanufactured meet the stacking test setforth in 49 CFR 178.606 and thevibration standard set forth in 49 CFR178.608. As alternatives to the otherthree HM–181 performance standards(drop, leakproofness, and hydrostaticpressure tests), IFDI has proposed, andit discussed in its written comments, aset of six standards entitled as follows:IFDI Standard 101, Rev. 1—

Compatibility TestIFDI Standard 110, Rev. 1—Joint

Integrity TestIFDI Standard 120, Rev. 1—Leakage

Spray TestIFDI Standard 130, Rev. 1—

Weatherproofing Test

IFDI Standard 140, Rev. 1—Fibre DrumStructure

IFDI Standard 150, Rev. 1—Impact TestThese six proposed standards appear

to be identical to standards proposed byIFDI’s predecessor organization, theFibre Drum Technical Council (FDTC),in a June 8, 1992 application for anexemption. RSPA’s AssociateAdministrator for Hazardous MaterialsSafety denied FDTC’s application for anexemption because he found thatFDTC’s proposed impact test was notequivalent to the 3.9 and 2.6 foot droptests required for Packing Group II andIII packagings, respectively, and thatFDTC’s other proposed tests did notaddress the pressure requirements of theleakproofness and hydrostatic pressuretests required for packagings intendedfor liquid hazardous materials.

RSPA’s Acting Administrator affirmedthe denial of FDTC’s application for anexemption and found that the standardsproposed by FDTC would not achieve alevel of safety ‘‘at least equal to thatspecified in the regulation from whichthe exemption is sought.’’ 49 CFR107.103(b)(9)(1). (Attachment A toIFDI’s written comments containscopies of FDTC’s application for anexemption to allow the continued use,after October 1, 1996, of open-head fiberdrums that do not meet the HM–181performance-oriented packagingstandards; RSPA’s denials of thatapplication; RSPA’s evaluation formand issue papers; and FDTC’s appeal ofRSPA’s denial of the application for anexemption.)

In a separate letter, which IFDI alsoincluded in its written comments(Attachment B), IFDI has asserted thatthe ANPRM was deficient for failing tospecify factors that, according to IFDI,

Congress directed DOT to consider. Thesefactors are set forth in the legislative historyand include: (1) DOT’s Hazardous IncidentReporting System as it pertains to fibredrums; (2) the fibre drum industry’s ownsafety record; (3) the 30 years of shippingexperience associated with use of thesedrums; and (4) existing industry standardsthat have led to the industry’s ‘‘excellentshipping record.’’

II. Request for Additional CommentBased on the comments to the

ANPRM, RSPA is issuing thissupplemental ANPRM and scheduling apublic hearing, to allow interestedparties to submit additional proposalsand comments with regard to alternatestandards for open-head fiber drumpackaging. Additional comments arerequested on the issue of whether thealternate standards proposed by IFDI‘‘will provide an equal or greater levelof safety for the domestic transportation

of liquid hazardous materials thanwould be provided if [the HM–181]performance-oriented packagingstandards were in effect,’’ as required bySection 122(b) of the Act, particularly inlight of RSPA’s prior determination (onFDTC’s exemption application) thatsimilar standards did not provide anequal or greater level of safety than theHM–181 performance standards.Comments are also requested on thefactors ‘‘set forth in the legislativehistory’’ of Section 122, as outlinedabove. Further comments are alsoinvited on whether alternate standards,if adopted, should apply to packagingsother than fiber drums, as well as withregard to Monsanto’s proposal for anexception to allow non-standard fiberdrums to be used for shippinghazardous wastes to incinerationfacilities.

Interested parties are encouraged toconsult the ANPRM and submit anycomments relevant to the direction inSection 122 of the Act, including, butnot limited to, those matters specified inthe preceding paragraph.

To facilitate the submission of furthercomments, RSPA is mailing to eachparty that has submitted comments onthe ANPRM a copy of IFDI’s December12, 1994 written comments and the textof the six alternative standards proposedby IFDI. Any interested person mayobtain a copy of these materials or acopy of RSPA’s Action on Appealaffirming the denial of FDTC’sapplication for an exemption, at no cost,from RSPA’s Docket’s Unit (see theaddress and telephone number set forthin ADDRESSES above).

III. Regulatory Analyses and Notices

A. Executive Order 12866 and DOTRegulatory Policies and Procedures

This supplemental advance notice ofproposed rulemaking is not considereda significant regulatory action undersection 3(f) of Executive Order 12866and was not reviewed by the Office ofManagement and Budget. Thissupplemental advance notice ofproposed rulemaking is not consideredsignificant under the regulatory policiesand procedures of the Department ofTransportation (44 FR 11034; February26, 1979).

B. Executive Order 12612

RSPA will evaluate any proposed rulein accordance with the principles andcriteria contained in Executive Order12612 (‘‘Federalism’’).

C. Regulatory Flexibility Act

RSPA will evaluate any proposed ruleto determine whether it would have a


significant economic impact on asubstantial number of small entities.

D. Paperwork Reduction Act

There are no new informationcollection requirements in this advancenotice of proposed rulemaking.

E. Regulations Identifier Number (RIN)

A regulation identifier number (RIN)is assigned to each regulatory actionlisted in the Unified Agenda of FederalRegulations. The Regulatory InformationService Center publishes the UnifiedAgenda in April and October of eachyear. The RIN number contained in theheading of this document can be usedto cross-reference this action with theUnified Agenda.

Issued at Washington, DC, on January 19,1995, under authority delegated in 49 CFRPart 106.Alan I. Roberts,Associate Administrator for HazardousMaterials Safety.[FR Doc. 95–1804 Filed 1–24–95; 8:45 am]BILLING CODE 4910–60–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

4882

Vol. 60, No. 16



Commodity Credit Corporation

Feed Grain Donations; NorthernCheyenne Indian Reservation ofMontana

AGENCY: Commodity Credit Corporation,USDA.ACTION: Notice.

SUMMARY: The Acting Executive VicePresident, Commodity CreditCorporation (CCC) is announcing thatthe Northern Cheyenne IndianReservation of Montana is an acutedistress area and that CCC-owned feedgrain will be donated to needy livestockowners on the reservation.FOR FURTHER INFORMATION CONTACT: JohnNewcomer, Consolidated Farm ServiceAgency, P.O. Box 2415, Washington,DC, 20013–2415, 202–720–6157.SUPPLEMENTARY INFORMATION: Pursuantto the authority set forth in section 407of the Agricultural Act of 1949, asamended (7 U.S.C. 1427), and ExecutiveOrder 11336, notice is being given thatit is determined that:

1. The chronic economic distress ofthe needy members of the NorthernCheyenne Tribes using the NorthernCheyenne Indian Reservation ofMontana has been materially increasedand become acute because of severedrought during the 1994 growing seasonand the ensuing Baby Dean fire, therebyseverely affecting livestock feedproduction and causing increasedeconomic distress. This reservation isutilized by members of the NorthernCheyenne Tribes for grazing purposes.

2. The use of feed grain or productsthereof made available by CCC forlivestock feed for such needy membersof the Northern Cheyenne Tribes usingthe Northern Cheyenne IndianReservation will not displace orinterfere with normal marketing ofagricultural commodities.

3. Based on the above determinations,the Northern Cheyenne IndianReservation of Montana is declared anacute distress area and the donation offeed grain owned by the CCC isauthorized to livestock owners who aredetermined by the Bureau of IndianAffairs, United States Department of theInterior, to be needy members of theNorthern Cheyenne Tribes utilizingsuch lands. These donations by the CCCmay commence upon December 8, 1994,and shall be made available throughApril 30, 1995, or such other date asmay be stated in a notice issued by theActing Executive Vice President, CCC.

Signed at Washington, DC, on January 19,1995.Bruce R. Weber,Acting Executive Vice President CommodityCredit Corporation[FR Doc. 95–1865 Filed 1–24–95; 8:45 am]BILLING CODE 3410–05–P

DEPARTMENT OF COMMERCE

Agency Form Under Review by theOffice of Management and Budget(OMB)

DOC has submitted to OMB forclearance the following proposal forcollection of information under theprovisions of the Paperwork ReductionAct (44 U.S.C. Chapter 35).

Agency: International TradeAdministration (ITA).

Title: Application for the President’s EAward and E Star Awards.

Agency Form Number: ITA–725P.OMB Approval Number: 0625–0065.Type of Request: Extension of a

currently approved collection.Burden: 2,055 hours.Number of Respondent’s: 75.Avg Hours Per Response:

Approximately 30 hours.Needs and Uses: The President’s E

Award was created in 1961. Its purposeis to provide recognition to persons,firms, or organizations which havesignificantly contributed in the effort toincrease exports. The applications arereview by the President’s Interagency EAward Committee and decisions onaward recipients are based on theinformation submitted.

Affected Public: Businesses or otherfor–profit organizations, non–profitinstitutions, individuals, farms, state orlocal governments.

Frequency: On occasion.Respondent’s Obligation: Required to

obtain a benefit.OMB Desk Officer: Don Arbuckle,

(202) 395–7340.Copies of the above information

collection proposal can be obtained bycalling or writing Gerald Tache, DOCForms Clearance Officer, (202) 482–3271, Department of Commerce, Room5327, 14th and Constitution Avenue,N.W., Washington, D.C. 20230.

Written comments andrecommendations for the proposedinformation collection should be sent toDon Arbuckle, OMB Desk Officer, Room10202, New Executive Office Building,Washington, D.C. 20503.

Dated: January 18, 1995.Gerald Tache,Departmental Forms Clearance Officer, Officeof Management and Organization.[FR Doc. 95–1796 Filed 1–24–95; 8:45 am]BILLING CODE 3510–CW–F

Agency Form Under Review by theOffice of Management and Budget

DOC has submitted to the Office ofManagement and Budget (OMB) forclearance the following proposal forcollection of information under theprovisions of the Paperwork ReductionAct (44 U.S.C. chapter 35).

Agency: Bureau of the Census.Title: Special Population Censuses.Form Number(s): SC–19, SC–19AR.Agency Approval Number: 0607–

0368.Type of Request: Revision of a

currently approved collection.Burden: 67,083 hours.Number of Respondents: 700,000.Avg Hours Per Response: 5.75

minutes.Needs and Uses: The special census

program is a service offered andperformed contractually by the CensusBureau for states, counties, and othergovernmental units which requirecurrent population data betweendecennial censuses. Since many statesdistribute funds based on currentpopulation statistics, many localjurisdictions use the special census datato apply for state funds. The CensusBureau also uses special census data asa part of the Bureau’s local populationestimates calculations. Census requestsapproval to notify the Office ofManagement and Budget (OMB) of any

4883Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Notices

question changes and/or additions toindividual special censusquestionnaires 30 days prior to thescheduled census date. In most cases,changes would be for slight wordingvariations and would not increase theburden per response. Questions addedwould be special purpose questions, asrequested by the contracting area.Census would inform OMB of therevised and added questions in a letterto be forwarded to OMB no less than 30days prior to the census day of thespecial census in question.

Affected Public: Individuals orhouseholds.

Frequency: As requested.Respondent’s Obligation: Voluntary.OMB Desk Officer: Maria Gonzalez,


collection proposal can be obtained bycalling or writing Gerald Tache, DOCForms Clearance Officer, (202) 482–3271, Department of Commerce, room5312, 14th and Constitution Avenue,NW, Washington, DC 20230.

Written comments andrecommendations for the proposedinformation collection should be sent toMaria Gonzalez, OMB Desk Officer,room 10201, New Executive OfficeBuilding, Washington, DC 20503.

Dated: January 19, 1995.Gerald Tache,Departmental Forms Clearance Officer, Officeof Management and Organization.[FR Doc. 95–1798 Filed 1–24–95; 8:45 am]BILLING CODE 3510–07–F



Agency: Bureau of the Census.Title: Current Industrial Reports

Program, Bed and Bath Furnishings(formerly Sheets, Pillowcases, andTowels).

Form Number(s): MQ23X.Agency Approval Number: 0607–


currently approved collection.Burden: 282 hours.Number of Respondents: 94.Avg Hours Per Response: 45 minutes.Needs and Uses: The Census Bureau

conducts this quarterly survey to collectdata on the production, quantity, valueof shipments, inventories, and unifiedsales orders of bed and bath furnishings.Census requests only data needed by the

Office of Textiles and Apparel (OTEXA)to monitor several textile categories inmultifiber agreements. OTEXA uses thedata to support specific concerns andtrade limitations in these categories andto provide the basis for developing aU.S. position for negotiations withcountries with whom trade agreementsare about to expire and to initiateappropriate action when exports fromuncontrolled countries surge. TheCommittee for the Implementation ofTextile Agreements, of which OTEXA isa part, uses the data to determine thehealth of the U.S. multifiber industryand to measure foreign penetration.Other Federal agencies, businesses, andtrade organizations use the data toanalyze and forecast long–term growthin the industry.

Affected Public: Businesses or otherfor–profit organizations.

Frequency: Quarterly.Respondent’s Obligation: Mandatory.OMB Desk Officer: Maria Gonzalez,







Agency: Bureau of the Census.Title: Current Industrial Reports

Program, Apparel.Form Number(s): MQ23A.Agency Approval Number: 0607–


currently approved collection.Burden: 5,808 hours.Number of Respondents: 3,077.Avg Hours Per Response: 53 minutes.Needs and Uses: The Census Bureau

conducts this survey quarterly (some

small companies report annually) tocollect information on apparelproduction. The domestic apparelindustry is provided some protectionfrom imports through bilateral tradeagreements. The MultifiberArrangement (MFA) provides the legalframework for the regulation of trade.The Committee for the Implementationof Textile Agreements (CITA) negotiatesbilateral trade agreements anddetermines whether and when torequest consultations with an exportingcountry to avoid market disruptions inthe United States. The MFA requiresthat requests for consultations beaccompanied by a factual statement ofmarket disruption prepared by theOffice of Textiles and Apparel (OTEXA).Quarterly Census Bureau data from thissurvey provide the detailed informationneeded by CITA and OTEXA to meetthis requirement.

Affected Public: Businesses or otherfor-profit organizations.

Frequency: Quarterly and Annually.Respondent’s Obligation: Mandatory.OMB Desk Officer: Maria Gonzalez,





Bureau of the Census

[Docket Number 950111013–5013–01]

Transportation Annual Survey

AGENCY: Bureau of the Census,Commerce.ACTION: Notice of determination.

SUMMARY: In accordance with Title 13,United States Code, Sections 131, 182,224, and 225, I have determined that1994 operating revenue and expensesare needed for the for-hire trucking, andpublic warehousing industries toprovide a sound statistical basis for theformation of policy by variousgovernmental agencies, and that these

4884 Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Notices

data also apply to a variety of publicand business needs. These data are notpublicly available from nongovernmentor other governmental sources.FOR FURTHER INFORMATION CONTACT:Thomas E. Zabelsky, Chief, CurrentServices Branch, Services Division, on(301) 457–2766.SUPPLEMENTARY INFORMATION: TheCensus Bureau is authorized to conductsurveys necessary to furnish currentdata on subjects covered by the majorcensuses authorized by Title 13, UnitedStates Code. This survey will providecontinuing and timely nationalstatistical data on trucking andwarehousing services for the periodbetween economic censuses. The nexteconomic census is in 1997. The datacollected in this survey will be withinthe general scope and nature of thoseinquiries covered in the economiccensuses.

The Bureau of the Census needsreports only from a limited sample oftrucking and warehousing firms in theUnited States. The probability of afirm’s selection is based on revenue size(estimated from payroll). The samplewill provide with measurable reliability,national level statistics on operatingrevenue and expenses for theseindustries. We will mail report forms tothe firms covered by this survey andrequire their submission within thirtydays after receipt.

A notice of consideration waspublished for this survey on December6, 1994, Volume 59, Number 233, page62709. This survey has been submittedto the Office of Management and Budget(OMB), in accordance with thePaperwork Reduction Act, Public Law96–511, as amended, and was approvedunder OMB Control Number 0607–0798.We will provide copies of the formsupon written request to the Director,Bureau of the Census, Washington, D.C.20233.

Based upon the foregoing, I havedirected that an annual survey beconducted for the purpose of collectingthese data.

Dated: January 13, 1995.Martha Farnsworth Riche,Director, Bureau of the Census.[FR Doc. 95–1891 Filed 1–24–95; 8:45 am]BILLING CODE 3510–07–P

Minority Business DevelopmentAgency

Business Development CenterApplications: Ponce, Puerto Rico

AGENCY: Minority BusinessDevelopment Agency, Commerce.

ACTION: Notice.

SUMMARY: In accordance with ExecutiveOrder 11625 and 15 U.S.C. 1512, theMinority Business Development Agency(MBDA) is soliciting competitiveapplications to operate its PonceMinority Business Development Center(MBDC).

The purpose of the MBDC Program isto provide business developmentservices to the minority businesscommunity to help establish andmaintain viable minority businesses. Tothis end, MBDA funds organizations toidentify and coordinate public andprivate sector resources on behalf ofminority individuals and firms; to offera full range of client services to minorityentrepreneurs; and to serve as a conduitof information and assistance regardingminority business. The MBDC willprovide service in the Ponce, PuertoRico Metropolitan Area. The awardnumber of the MBDC will be 02–10–95008–01.DATES: The closing date for applicationsis March 1, 1995. Applications must bereceived in the MBDA Headquarters’Executive Secretariat on or before March1, 1995. A pre-application conferencewill be held on February 15, 1995, at9:00 a.m., at the Atlanta Regional Office,401 W. Peachtree Street, N.W., Suite1715, Atlanta, Georgia 30308–3516,(404) 730–3300.ADDRESSES: U.S. Department ofCommerce, Minority BusinessDevelopment Agency, MBDA ExecutiveSecretariat, 14th and ConstitutionAvenue, N.W., Room 5073, Washington,D.C. 20230, (202) 482–3763.FOR FURTHER INFORMATION, CONTACT:Robert Henderson, Regional Director at(404) 730–3300.SUPPLEMENTARY INFORMATION:Contingent upon the availability ofFederal funds, the cost of performancefor the first budget period (13 months)from June 1, 1995 to June 30, 1996, isestimated at $222,196. The total Federalamount is $188,867 and is composed of$184,260 plus the Audit Fee amount of$4,607. The application must include aminimum cost share of 15%, $33,329 innon-federal (cost -sharing) contributionsfor a total project cost of $222,196. Cost-sharing contributions may be in theform of cash, client fees, third party in-kind contributions, non-cash applicantcontributions or combinations thereof.

The funding instrument for thisproject will be a cooperative agreement.For those applicants who are notincumbent organizations or who areincumbents that have experiencedclosure due to a break in service, a 30-day start-up period will be added to

their first budget period, making it a 13-month award. Competition is open toindividuals, non-profit and for-profitorganizations, state and localgovernments, American Indian tribesand educational institutions.

Applications will be evaluated on thefollowing criteria: the knowledge,background and/or capabilities of thefirm and its staff in addressing the needsof the business community in generaland, specifically, the special needs ofminority businesses, individuals andorganizations (45 points), the resourcesavailable to the firm in providingbusiness development services (10points); the firm’s approach (techniquesand methodologies) to performing thework requirements included in theapplication (25 points); and the firm’sestimated cost for providing suchassistance (20 points). An applicationmust receive at least 70% of the pointsassigned to each evaluation criteriacategory to be consideredprogrammatically acceptable andresponsive. Those applicationsdetermined to be acceptable andresponsive will then be evaluated by theDirector of MBDA. Final awardselections shall be based on the numberof points received, the demonstratedresponsibility of the applicant, and thedetermination of those most likely tofurther the purpose of the MBDAprogram. Negative audit findings andrecommendations and unsatisfactoryperformance under prior Federal awardsmay result in an application not beingconsidered for award. The applicantwith the highest point score will notnecessarily receive the award. Periodicreviews culminating in year-to-dateevaluations will be conducted todetermine if funding for the projectshould continue. Continued fundingwill be at the total discretion of MBDAbased on such factors as the MBDC’sperformance, the availability of fundsand Agency priorities.

The MBDC shall be required tocontribute at least 15% of the totalproject cost through non-Federalcontributions. To assist in this effort, theMBDC may charge client fees forservices rendered. Fees may range from$10 to $60 per hour based on the grossreceipts of the client’s business.

Anticipated processing time of thisaward is 120 days. Executive order12372, ‘‘Intergovernmental Review ofFederal Programs,’’ is not applicable tothis program. Federal funds for thisproject include audit funds for non-CPArecipients. In event that a CPA firmwins the competition, the fundsallocated for audits are not applicable.Questions concerning the precedinginformation can be answered by the


contact person indicated above, andcopies of application kits and applicableregulations can be obtained at the aboveaddress. The collection of informationrequirements for this project have beenapproved by the Office of Managementand Budget (OMB) and assigned OMBcontrol number 0640–0006.

Awards under this program shall besubject to all Federal laws, and Federaland Departmental regulations, policies,and procedures applicable to Federalfinancial assistance awards.

Pre-Award Costs

Applicants are hereby notified that ifthey incur any costs prior to an awardbeing made, they do so solely at theirown risk of not being reimbursed by theGovernment. Notwithstanding anyverbal assurance that an applicant mayhave received, there is no obligation onthe part of the Department of Commerceto cover pre-award costs.

Outstanding Account Receivable

No award of Federal funds shall bemade to an applicant who has anoutstanding delinquent Federal debtuntil either the delinquent account ispaid in full, repayment schedule isestablished and at least one payment isreceived, or other arrangementssatisfactory to the Department ofCommerce are made.

Name Check Policy

All non-profit and for-profitapplicants are subject to a name checkreview process. Name checks areintended to reveal if any key individualsassociated with the applicant have beenconvicted of or are presently facingcriminal charges such as fraud, theft,perjury or other matters whichsignificantly reflect on the applicant’smanagement honesty or financialintegrity.

Award Termination

The Departmental Grants Officer mayterminate any grant/cooperativeagreement in whole or in part at anytime before the date of completionwhenever it is determined that theaward recipient has failed to complywith the conditions of the grant/cooperative agreement. Examples ofsome of the conditions which can causetermination are failure to meet cost-sharing requirements; unsatisfactoryperformance of the MBDC workrequirements; and reporting inaccurateor inflated claims of client assistance.Such inaccurate or inflated claims maybe deemed illegal and punishable bylaw.

False StatementsA false statement on an application

for Federal financial assistance isgrounds for denial or termination offunds, and grounds for possiblepunishment by a fine or imprisonmentas provided in 18 U.S.C. 1001.

Primary Applicant CertificationsAll primary applicants must submit a

completed Form CD–511,‘‘Certifications Regarding Debarment,Suspension and Other ResponsibilityMatters; Drug-Free WorkplaceRequirements and Lobbying.’’

Nonprocurement Debarment andSuspension

Prospective participants (as defined at15 CFR Part 26, Section 105) are subjectto 15 CFR Part 26, ‘‘NonprocurementDebarment and Suspension’’ and therelated section of the certification formprescribed above applies.

Drug Free WorkplaceGrantees (as defined at 15 CFR Part

26, Section 605) are subject to 15 CFRPart 26, Subpart F, ‘‘GovernmentwideRequirements for Drug-Free Workplace(Grants)’’ and the related section of thecertification form prescribed aboveapplies.

Anti-LobbyingPersons (as defined at 15 CFR Part 28,

Section 105) are subject to the lobbyingprovisions of 31 U.S.C. 1352,‘‘Limitation on use of appropriatedfunds to influence certain Federalcontracting and financial transactions,’’and the lobbying section of thecertification form prescribed aboveapplies to applications/bids for grants,cooperative agreements, and contractsfor more than $100,000, and loans andloan guarantees for more than $150,000or the single family maximum mortgagelimit for affected programs, whichever isgreater.

Anti-Lobbying DisclosuresAny applicant that has paid or will

pay for lobbying using any funds mustsubmit an SF–LLL, ‘‘Disclosure ofLobbying Activities,’’ as required under15 CFR Part 28, Appendix B.

Lower Tier CertificationsRecipients shall require applications/

bidders for subgrants, contracts,subcontracts, or other lower tier coveredtransactions at any tier under the awardto submit, if applicable, a completedForm CD–512, ‘‘Certifications RegardingDebarment, Suspension, Ineligibilityand Voluntary Exclusion—Lower TierCovered Transactions and Lobbying’’and disclosure form, SF–LLL,

‘‘Disclosure of Lobbying Activities.’’Form CD–512 is intended for the use ofrecipients and should not be transmittedto DOC. SF–LLL submitted by any tierrecipient or subrecipient should besubmitted to DOC in accordance withthe instructions contained in the awarddocument.

Buy American-Made Equipment orProducts

Applicants are hereby notified thatthey are encouraged, to the extentfeasible, to purchase American-madeequipment and products with fundingprovided under this program inaccordance with Congressional intent asset forth in the resolution contained inPublic Law 103–121, Sections 606 (a)and (b).11.800 Minority Business Development

Center(Catalog of Federal Domestic Assistance)

Dated: January 20, 1995.Melvin A. Jackson,Alternate Federal Register Liaison Officer,Minority Business Development Agency.[FR Doc. 95–1885 Filed 1–24–95; 8:45 am]BILLING CODE 3510–21–P

Business Development CenterApplications: Charleston, SC

AGENCY: Minority BusinessDevelopment Agency, Commerce.ACTION: Notice.

SUMMARY: In accordance with ExecutiveOrder 11625 and 15 U.S.C. 1512, theMinority Business Development Agency(MBDA) is soliciting competitiveapplications to operate its Charleston,South Carolina Minority BusinessDevelopment Center (MBDC).

The purpose of the MBDC Program isto provide business developmentservices to the minority businesscommunity to help establish andmaintain viable minority businesses. Tothis end, MBDA funds organizations toidentify and coordinate public andprivate sector resources on behalf ofminority individuals and firms; to offera full range of client services to minorityentrepreneurs; and to serve as a conduitof information and assistance regardingminority business. The MBDC willprovide service in the Charleston, SouthCarolina Metropolitan Area. The awardnumber of the MBDC will be 04–10–95004–01.DATES: The closing date for applicationsis March 1, 1995. Applications must bereceived in the MBDA Headquarters’Executive Secretariat on or before March1, 1995. A pre-application conferencewill be held on February 15, 1995, at9:00 a.m., at the Atlanta Regional Office,


401 W. Peachtree Street, N.W., Suite1715, Atlanta, GA 30308–3516, (404)730–3300.ADDRESSES: U.S. Department ofCommerce, Minority BusinessDevelopment Agency, MBDA ExecutiveSecretariat, 14th and ConstitutionAvenue, N.W., Room 5073, Washington,D.C. 20230, (202) 482–3763.FOR FURTHER INFORMATION CONTACT:Robert Henderson, Regional Director at(404) 730–3300.SUPPLEMENTARY INFORMATION:Contingent upon the availability ofFederal funds, the cost of performancefor the first budget period (13 months)from June 1, 1995 to June 30, 1996 isestimated at $198,971. The total Federalamount is $169,125 and is composed of$165,000 plus the Audit Fee amount of$4,125. The application must include aminimum cost share of 15%, $29,846 innon-federal (cost-sharing) contributionsfor a total project cost of $198,971. Cost-sharing contributions may be in theform of cash, client fees, third party in-kind contributions, non-cash applicantcontributions or combinations thereof.

The funding instrument for thisproject will be a cooperative agreement.For those applicants who are notincumbent organizations or who areincumbents that have experiencedclosure due to a break in service, a 30-day start-up period will be added totheir first budget period, making it a 13-month award. Competition is open toindividuals, non-profit and for-profitorganizations, state and localgovernments, American Indian tribesand educational institutions.

Applications will be evaluated on thefollowing criteria: the knowledge,background and/or capabilities of thefirm and its staff in addressing the needsof the business community in generaland, specifically, the special needs ofminority businesses, individuals andorganizations (45 points), the resourcesavailable to the firm in providingbusiness development services (10points); the firm’s approach (techniquesand methodologies) to performing thework requirements included in theapplication (25 points); and the firm’sestimated cost for providing suchassistance (20 points). An applicationmust receive at least 70% of the pointsassigned to each evaluation criteriacategory to be consideredprogrammatically acceptable andresponsive. Those applicationsdetermined to be acceptable andresponsive will then be evaluated by theDirector of MBDA. Final awardselections shall be based on the numberof points received, the demonstratedresponsibility of the applicant, and the

determination of those most likely tofurther the purpose of the MBDAprogram. Negative audit findings andrecommendations and unsatisfactoryperformance under prior Federal awardsmay result in an application not beingconsidered for award. The applicantwith the highest point score will notnecessarily receive the award. Periodicreviews culminating in year-to-dateevaluations will be conducted todetermine if funding for the projectshould continue. Continued fundingwill be at the total discretion of MBDAbased on such factors as the MBDC’sperformance, the availability of fundsand Agency priorities.


Anticipated processing time of thisaward is 120 days. Executive order12372, ‘‘Intergovernmental Review ofFederal Programs,’’ is not applicable tothis program. Federal funds for thisproject include audit funds for non-CPArecipients. In event that a CPA firmwins the competition, the fundsallocated for audits are not applicable.Questions concerning the precedinginformation can be answered by thecontact person indicated above, andcopies of application kits and applicableregulations can be obtained at the aboveaddress. The collection of informationrequirements for this project have beenapproved by the Office of Managementand Budget (OMB) and assigned OMBcontrol number 0640–0006.


Pre-Award CostsApplicants are hereby notified that if

they incur any costs prior to an awardbeing made, they do so solely at theirown risk of not being reimbursed by theGovernment. Notwithstanding anyverbal assurance that an applicant mayhave received, there is no obligation onthe part of the Department of Commerceto cover pre-award costs.

Outstanding Account ReceivableNo award of Federal funds shall be

made to an applicant who has anoutstanding delinquent Federal debtuntil either the delinquent account ispaid in full, repayment schedule isestablished and at least one payment isreceived, or other arrangements

satisfactory to the Department ofCommerce are made.

Name Check Policy


Award Termination


False Statements

A false statement on an applicationfor Federal financial assistance isgrounds for denial or termination offunds, and grounds for possiblepunishment by a fine or imprisonmentas provided in 18 U.S.C. 1001.

Primary Applicant Certifications

All primary applicants must submit acompleted Form CD–511,‘‘Certifications Regarding Debarment,Suspension and Other ResponsibilityMatters; Drug-Free WorkplaceRequirements and Lobbying.’’



Drug-Free Workplace

Grantees (as defined at 15 CFR Part26, Section 605) are subject to 15 CFRPart 26, Subpart F, ‘‘GovernmentwideRequirements for Drug-Free Workplace(Grants)’’ and the related section of thecertification form prescribed aboveapplies.


Anti-Lobbying

Persons (as defined at 15 CFR Part 28,Section 105) are subject to the lobbyingprovisions of 31 U.S.C. 1352,‘‘Limitation on use of appropriatedfunds to influence certain Federalcontracting and financial transactions,’’and the lobbying section of thecertification form prescribed aboveapplies to applications/bids for grants,cooperative agreements, and contractsfor more than $100,000, and loans andloan guarantees for more than $150,000or the single family maximum mortgagelimit for affected programs, whichever isgreater.

Anti-Lobbying Disclosures

Any applicant that has paid or willpay for lobbying using any funds mustsubmit an SF–LLL, ‘‘Disclosure ofLobbying Activities,’’ as required under15 CFR Part 28, Appendix B.

Lower Tier Certifications

Recipients shall require applications/bidders for subgrants, contracts,subcontracts, or other lower tier coveredtransactions at any tier under the awardto submit, if applicable, a completedForm CD–512, ‘‘Certifications RegardingDebarment, Suspension, Ineligibilityand Voluntary Exclusion—Lower TierCovered Transactions and Lobbying’’and disclosure form, SF–LLL,‘‘Disclosure of Lobbying Activities.’’Form CD–512 is intended for the use ofrecipients and should not be transmittedto DOC. SF–LLL submitted by any tierrecipient or subrecipient should besubmitted to DOC in accordance withthe instructions contained in the awarddocument.


Applicants are hereby notified thatthey are encouraged, to the extentfeasible, to purchase American-madeequipment and products with fundingprovided under this program inaccordance with Congressional intent asset forth in the resolution contained inPublic Law 103–121, Sections 606 (a)and (b).

11.800 Minority Business DevelopmentCenter

(Catalog of Federal Domestic Assistance)


Melvin A. Jackson,Alternate Federal Register Liaison Officer,Minority Business Development Agency.[FR Doc. 95–1883 Filed 1–24–95; 8:45 am]


Business Development CenterApplications: Memphis, Tennessee


SUMMARY: In accordance with ExecutiveOrder 11625 and 15 U.S.C. 1512, theMinority Business Development Agency(MBDA) is soliciting competitiveapplications to operate its Memphis,Tennessee Minority BusinessDevelopment Center (MBDC).

The purpose of the MBDC Program isto provide business developmentservices to the minority businesscommunity to help establish andmaintain viable minority businesses. Tothis end, MBDA funds organizations toidentify and coordinate public andprivate sector resources on behalf ofminority individuals and firms; to offera full range of client services to minorityentrepreneurs; and to serve as a conduitof information and assistance regardingminority business. The MBDC willprovide service in the Memphis,Tennessee Metropolitan Area. Theaward number of the MBDC will be 04–10–95005–01.DATES: The closing date for applicationsis March 1, 1995. Applications must bereceived in the MBDA Headquarters’Executive Secretariat on or before March1, 1995. A pre-application conferencewill be held on February 15, 1995, at9:00 a.m., at the Atlanta Regional Office,401 W. Peachtree Street, N.W., Suite1715, Atlanta, Georgia 30308–3516,(404) 730–3300.ADDRESSES: U.S. Department ofCommerce, Minority BusinessDevelopment Agency, MBDA ExecutiveSecretariat, 14th and ConstitutionAvenue, N.W., Room 5073, Washington,D.C. 20230, (202) 482–3763.FOR FURTHER INFORMATION, CONTACT:Robert Henderson, Regional Director at(404) 730–3300.SUPPLEMENTARY INFORMATION:Contingent upon the availability ofFederal funds, the cost of performancefor the first budget period (13 months)from June 1, 1995 to June 30, 1996, isestimated at $222,196. The total Federalamount is $188,867 and is composed of$184,260 plus the Audit Fee amount of$4,607. The application must include aminimum cost share of 15%, $33,329 innon-federal (cost-sharing) contributionsfor a total project cost of $222,196. Cost-sharing contributions may be in theform of cash, client fees, third party in-kind contributions, non-cash applicantcontributions or combinations thereof.

The funding instrument for thisproject will be a cooperative agreement.

For those applicants who are notincumbent organizations or who areincumbents that have experiencedclosure due to a break in service, a 30-day start-up period will be added totheir first budget period, making it a 13-month award. Competition is open toindividuals, non-profit and for-profitorganizations, state and localgovernments, American Indian tribesand educational institutions.

Applications will be evaluated on thefollowing criteria: the knowledge,background and/or capabilities of thefirm and its staff in addressing the needsof the business community in generaland, specifically, the special needs ofminority businesses, individuals andorganizations (45 points), the resourcesavailable to the firm in providingbusiness development services (10points); the firm’s approach (techniquesand methodologies) to performing thework requirements included in theapplication (25 points); and the firm’sestimated cost for providing suchassistance (20 points). An applicationmust receive at least 70% of the pointsassigned to each evaluation criteriacategory to be consideredprogrammatically acceptable andresponsive. Those applicationsdetermined to be acceptable andresponsive will then be evaluated by theDirector of MBDA. Final awardselections shall be based on the numberof points received, the demonstratedresponsibility of the applicant, and thedetermination of those most likely tofurther the purpose of the MBDAprogram. Negative audit findings andrecommendations and unsatisfactoryperformance under prior Federal awardsmay result in an application not beingconsidered for award. The applicantwith the highest point score will notnecessarily receive the award. Periodicreviews culminating in year-to-dateevaluations will be conducted todetermine if funding for the projectshould continue. Continued fundingwill be at the total discretion of MBDAbased on such factors as the MBDC’sperformance, the availability of fundsand Agency priorities.


Anticipated processing time of thisaward is 120 days. Executive order12372, ‘‘Intergovernmental Review ofFederal Programs,’’ is not applicable tothis program. Federal funds for thisproject include audit funds for non-CPA


recipients. In event that a CPA firmwins the competition, the fundsallocated for audits are not applicable.Questions concerning the precedinginformation can be answered by thecontact person indicated above, andcopies of application kits and applicableregulations can be obtained at the aboveaddress. The collection of informationrequirements for this project have beenapproved by the Office of Managementand Budget (OMB) and assigned OMBcontrol number 0640–0006.





made to an applicant who has anoutstanding delinquent Federal debtuntil either the delinquent account ispaid in full, repayment schedule isestablished and at least one payment isreceived, or other arrangementssatisfactory to the Department ofCommerce are made.

Name Check PolicyAll non-profit and for-profit

applicants are subject to a name checkreview process. Name checks areintended to reveal if any key individualsassociated with the applicant have beenconvicted of or are presently facingcriminal charges such as fraud, theft,perjury or other matters whichsignificantly reflect on the applicant’smanagement honesty or financialintegrity.

Award TerminationThe Departmental Grants Officer may

terminate any grant/cooperativeagreement in whole or in part at anytime before the date of completionwhenever it is determined that theaward recipient has failed to complywith the conditions of the grant/cooperative agreement. Examples ofsome of the conditions which can causetermination are failure to meet cost-sharing requirements; unsatisfactoryperformance of the MBDC workrequirements; and reporting inaccurateor inflated claims of client assistance.

Such inaccurate or inflated claims maybe deemed illegal and punishable bylaw.

False Statements






Drug Free Workplace

Grantees (as defined at 15 CFR Part26, Section 605) are subject to 15 CFRPart 26, Subpart F, ‘‘GovernmentwideRequirements for Drug-Free Workplace(Grants)’’ and the related section of thecertification form prescribed aboveapplies.

Anti-Lobbying





Recipients shall require applications/bidders for subgrants, contracts,subcontracts, or other lower tier coveredtransactions at any tier under the awardto submit, if applicable, a completedForm CD–512, ‘‘Certifications Regarding

Debarment, Suspension, Ineligibilityand Voluntary Exclusion—Lower TierCovered Transactions and Lobbying’’and disclosure form, SF–LLL,‘‘Disclosure of Lobbying Activities.’’Form CD–512 is intended for the use ofrecipients and should not be transmittedto DOC. SF–LLL submitted by any tierrecipient or subrecipient should besubmitted to DOC in accordance withthe instructions contained in the awarddocument.





Business Development CenterApplications: El Paso, TX


SUMMARY: In accordance with ExecutiveOrder 11625 and 15 U.S.C. 1512, theMinority Business Development Agency(MBDA) is soliciting competitiveapplications to operate its El PasoMinority Business Development Center(MBDC).

The purpose of the MBDC Program isto provide business developmentservices to the minority businesscommunity to help establish andmaintain viable minority businesses. Tothis end, MBDA funds organizations toidentify and coordinate public andprivate sector resources on behalf ofminority individuals and firms; to offera full range of client services to minorityentrepreneurs; and to serve as a conduitof information and assistance regardingminority business. The MBDC willprovide service in the El Paso, TexasMetropolitan Area. The award numberof the MBDC will be 06–10–95006–01.DATES: The closing date for applicationsis February 23, 1995. Applications mustbe received in the MBDA Headquarters’Executive Secretariat on or before


February 23, 1995. A pre-applicationconference will be held on February 2,1995, at 10:00 a.m., at the DallasRegional Office, 1100 Commerce Street,Room 7B23, Dallas, Texas 75242, (214)767–8001.ADDRESSES: U.S. Department ofCommerce, Minority BusinessDevelopment Agency, MBDA ExecutiveSecretariat, 14th and ConstitutionAvenue, N.W., Room 5073, Washington,D.C. 20230, (202) 482–3763.FOR FURTHER INFORMATION CONTACT:Demetrice Jenkins at (214) 767–8001.SUPPLEMENTARY INFORMATION:Contingent upon the availability ofFederal funds, the cost of performancefor the first budget period (13 months)from July 1, 1995 to July 31, 1996, isestimated at $222,196. The total Federalamount is $188,867 and is composed of$184,260 plus the Audit Fee amount of$4,607. The application must include aminimum cost share of 15%, $33,329 innon-federal (cost-sharing) contributionsfor a total project cost of $222,196. Cost-sharing contributions may be in theform of cash, client fees, third party in-kind contributions, non-cash applicantcontributions or combinations thereof.

The funding instrument for thisproject will be a cooperative agreement.For those applicants who are notincumbent organizations or who areincumbents that have experiencedclosure due to a break in service, a 30-day start-up period will be added totheir first budget period, making it a 13-month award. Competition is open toindividuals, non-profit and for-profitorganizations, state and localgovernments, American Indian tribesand educational institutions.

Applications will be evaluated on thefollowing criteria: the knowledge,background and/or capabilities of thefirm and its staff in addressing the needsof the business community in generaland, specifically, the special needs ofminority businesses, individuals andorganizations (45 points), the resourcesavailable to the firm in providingbusiness development services (10points); the firm’s approach (techniquesand methodologies) to performing thework requirements included in theapplication (25 points); and the firm’sestimated cost for providing suchassistance (20 points). An applicationmust receive at least 70% of the pointsassigned to each evaluation criteriacategory to be consideredprogrammatically acceptable andresponsive. Those applicationsdetermined to be acceptable andresponsive will then be evaluated by theDirector of MBDA. Final awardselections shall be based on the number

of points received, the demonstratedresponsibility of the applicant, and thedetermination of those most likely tofurther the purpose of the MBDAprogram. Negative audit findings andrecommendations and unsatisfactoryperformance under prior Federal awardsmay result in an application not beingconsidered for award. The applicantwith the highest point score will notnecessarily receive the award. Periodicreviews culminating in year-to-dateevaluations will be conducted todetermine if funding for the projectshould continue. Continued fundingwill be at the total discretion of MBDAbased on such factors as the MBDC’sperformance, the availability of fundsand Agency priorities.


Anticipated processing time of thisaward is 120 days. Executive order12372, ‘‘Intergovernmental Review ofFederal Programs,’’ is not applicable tothis program. Federal funds for thisproject include audit funds for non-CPArecipients. In event that a CPA firmwins the competition, the fundsallocated for audits are not applicable.Questions concerning the precedinginformation can be answered by thecontact person indicated above, andcopies of application kits and applicableregulations can be obtained at the aboveaddress. The collection of informationrequirements for this project have beenapproved by the Office of Managementand Budget (OMB) and assigned OMBcontrol number 0640–0006.





made to an applicant who has anoutstanding delinquent Federal debtuntil either the delinquent account ispaid in full, repayment schedule is

established and at least one payment isreceived, or other arrangementssatisfactory to the Department ofCommerce are made.

Name Check Policy


Award Termination


False Statements






Drug-Free Workplace

Grantees (as defined at 15 CFR Part26, Section 605) are subject to 15 CFRPart 26, Subpart F, ‘‘GovernmentwideRequirements for Drug-Free Workplace(Grants)’’ and the related section of the


certification form prescribed aboveapplies.

Anti-Lobbying










Native American BusinessDevelopment Center Applications:Minnesota


SUMMARY: In accordance with ExecutiveOrder 11625 and 15 U.S.C. 1512, theMinority Business Development Agency(MBDA) is soliciting competitiveapplications for its Native AmericanBusiness Development Center (NABDC).

The purpose of the NABDC is toprovide integrated businessdevelopment services to NativeAmerican entrepreneurs. The recipientwill provide service in the MinnesotaMetropolitan Area. The award numberof the NABDC will be 05–10–95006–01.DATES: The closing date for applicationsis April 1, 1995. Applications must bereceived on or before April 1, 1995.Anticipated processing time of thisaward is 120 days. A pre-applicationconference will be held on February 3,1995, at the U.S. General ServicesAdministration, Bishop Henry WhippleFederal Building, 1 Federal Drive, Room196, Fort Snelling, Minnesota 55111,Attention: Carrie Benhoff.ADDRESSES: U.S. Department ofCommerce, Minority BusinessDevelopment Agency, MBDA ExecutiveSecretariat, 14th and ConstitutionAvenue, N.W., Washington, D.C. 20230,(202) 482–3763.FOR FURTHER INFORMATION CONTACT:David Vega, Regional Director at (312)353–0182.SUPPLEMENTARY INFORMATION: Thefunding instrument for this project willbe a cooperative agreement. Contingentupon the availability of Federal funds,the cost of performance for the firstbudget period (13 months) from July 1,1995 to July 30, 1996, is estimated at$169,125. The total Federal amount is$169,125 and is composed of $165,000plus the Audit Fee amount of $4,125.

Competition is open to individuals,non-profit and for-profit organizations,state and local governments, AmericanIndian tribes and educationalinstitutions. Applications will beevaluated on the following criteria: theexperience and capabilities of the firmand its staff in addressing the needs ofthe business community in general and,specifically, the special needs of NativeAmerican businesses, individuals andorganizations (45 points), the resourcesavailable to the firm in providingbusiness development services (10points); the firm’s approach (techniquesand methodologies) to performing thework requirements included in the

application (25 points); and the firm’sestimated cost for providing suchassistance (20 points).

An application must receive at least70% of the points assigned to eachevaluation criteria category to beconsidered programmatically acceptableand responsive. Those applicationsdetermined to be acceptable andresponsive will then be evaluated by theDirector of MBDA. Final awardselections shall be based on the numberof points received, the demonstratedresponsibility of the applicant, and thedetermination of those most likely tofurther the purpose of the MBDAprogram. Negative audit findings andrecommendations and unsatisfactoryperformance under prior Federal awardsmay result in an application not beingconsidered for funding. The applicantwith the highest point score will notnecessarily receive the award.

If an application is selected forfunding, MBDA has no obligation toprovide any additional future funding inconnection with that award. Renewal ofan award to increase funding or extendthe period of performance is at the totaldiscretion of MBDA.

Executive order 12372,‘‘Intergovernmental Review of FederalPrograms,’’ is not applicable to thisprogram. Federal funds for this projectinclude audit funds for non-CPArecipients. In event that a CPA firmwins the competition, the fundsallocated for audits are not applicable.The collection of informationrequirements for this project have beenapproved by the Office of Managementand Budget (OMB) and assigned OMBcontrol number 0640–0006. Questionsconcerning the preceding informationcan be answered by the contact personindicated above, and copies ofapplication kits and applicableregulations can be obtained at the aboveaddress.

Pre-Award ActivitiesApplicants are hereby notified that if

they incur any costs prior to an awardbeing made, they do so solely at the riskof not being reimbursed by theGovernment. Notwithstanding anyverbal assurance that an applicant mayhave received, there is no obligation onthe part of the Department of Commerceto cover pre-award activities.

Recipients and subrecipients aresubject to all Federal laws, and Federaland Departmental regulations, policies,and procedures applicable to Federalfinancial assistance awards.

Delinquent Federal DebtsNo award of Federal funds shall be

made to an applicant who has an


outstanding delinquent Federal debtuntil either the delinquent account ispaid in full, repayment schedule isestablished and at least one payment isreceived, or other arrangementssatisfactory to the Department ofCommerce are made.

Name Check Policy


Award Termination

The Departmental Grants Officer mayterminate any cooperative agreement inwhole or in part at any time before thedate of completion whenever it isdetermined that the award recipient hasfailed to comply with the conditions ofthe cooperative agreement. Examples ofsome of the conditions which can causetermination are failure to meet cost-sharing requirements; unsatisfactoryperformance of the NABDC workrequirements; and reporting inaccurateor inflated claims of client assistance.Such inaccurate or inflated claims maybe deemed illegal and punishable bylaw.

False Statements






Drug-Free Workplace

Grantees (as defined at 15 CFR Part26, Section 605) are subject to 15 CFRPart 26, Subpart F, ‘‘GovernmentwideRequirements for Drug-Free Workplace

(Grants)’’ and the related section of thecertification form prescribed aboveapplies.

Anti-Lobbying

Persons (as defined at 15 CFR Part 28,Section 105) are subject to the lobbyingprovisions of 31 U.S.C. 1352,‘‘Limitation on use of appropriatedfunds to influence certain Federalcontracting and financial transactions,’’and the lobbying section of thecertification form prescribed aboveapplies to applications/bids for grants,cooperative agreements, and contractsfor more than $100,000, and loans andloan guarantees for more than $150,000,or the single family maximum mortgagelimit for affected programs, whichever isgreater.





Indirect Costs

The total dollar amount of the indirectcosts proposed in an application underthis program must not exceed theindirect cost rate negotiated andapproved by a cognizant Federal agencyprior to the proposed effective date ofthe award or 100% of the total proposeddirect costs dollar amount in theapplication, whichever is less.


Applicants are hereby notified thatthey are encouraged, to the extentfeasible, to purchase American-madeequipment and products with fundingprovided under this program inaccordance with Congressional intent asset forth in the resolution contained in

Public Law 103–121, Sections 606 (a)and (b).11.801 Native American Program(Catalog of Federal Domestic Assistance)

Dated: January 20, 1995.Melvin A. Jackson,Alternate Federal Register Liaison Officer,Minority Business Development Agency.[FR Doc. 95–1887 Filed 1–24–95; 8:45 am]BILLING CODE 3510–21–P′

National Oceanic and AtmosphericAdministration

[I.D. 011295C]

Marine Mammals

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Receipt of application to modifypermit no. 887 (P79H).

SUMMARY: Notice is hereby given that Dr.Ronald J. Schusterman, ResearchBiologist, Institute of Marine Sciences,University of California, Santa Cruz, CA95064, has requested a modification topermit No. 887.ADDRESSES: The modification requestand related documents are available forreview upon written request or byappointment in the following offices:

Permits Division, Office of ProtectedResources, NMFS, 1315 East-WestHighway, Room 13130, Silver Spring,MD 20910 (301/713–2289);

Southwest Region, NMFS, 501 W.Ocean Boulevard, Long Beach, CA90802–4213 (310/980–4047).

Written data or views, or requests fora public hearing on this request shouldbe submitted to the Chief, PermitsDivision, Office of Protected Resources,NMFS, NOAA, U.S. Department ofCommerce, 1335 East-West Highway, F/PR1, Silver Spring, MD 20910, within30 days of the publication of this notice.Those individuals requesting a hearingshould set forth the specific reasonswhy a hearing on this particularmodification request would beappropriate.

Concurrent with the publication ofthis notice in the Federal Register, theSecretary of Commerce is forwardingcopies of this application to the MarineMammal Commission and itsCommittee of Scientific Advisors.SUPPLEMENTARY INFORMATION: Thesubject modification to permit No. 889,issued on March 9, 1994 (59 FR 12266),is requested under the authority of theMarine Mammal Protection Act of 1972,as amended (16 U.S.C. 1361 et seq.) andthe Regulations Governing the Taking


and Importing of Marine Mammals (50CFR part 216).

Permit No. 889 authorizes the permitholder to maintain one elephant seal.The seal will be trained for in-air andunderwater sound detection thresholdtests. The permit holder requestsauthorization to maintain an additionalelephant seal from beached/strandedstock to conduct visual sensitivity tests.

Dated: January 18, 1995.P.A. Montanio,Acting Director, Office of Protected Resources,National Marine Fisheries Service.[FR Doc. 95–1782 Filed 1–24–95; 8:45 am]BILLING CODE 3510–22–F

COMMITTEE FOR THEIMPLEMENTATION OF TEXTILEAGREEMENTS

Clarification of Guidelines for ExemptCertifications for ‘‘India Items’’

January 13, 1995.AGENCY: Committee for theImplementation of Textile Agreements(CITA).ACTION: Issuing a directive to theCommissioner of Customs clarifyingguidelines for exempt certifications.

EFFECTIVE DATE: January 26, 1995.FOR FURTHER INFORMATION CONTACT:Jennifer Tallarico, International TradeSpecialist, Office of Textiles andApparel, U.S. Department of Commerce,(202) 482–4212.SUPPLEMENTARY INFORMATION:

Authority: Executive Order 11651 of March3, 1972, as amended; section 204 of theAgricultural Act of 1956, as amended (7U.S.C. 1854).

In a Memorandum of Understanding(MOU) dated December 31, 1994, theGovernments of the United States andIndia outlined further guidelines forissuing and accepting exemptcertifications for ‘‘India items.’’ Theseguidelines are to be used in conjunctionwith the ‘‘Agreed List of TraditionalFolklore Handicraft Textile Products ofIndia—India Items’’ (Annex E) of theBilateral Cotton, Wool, Man-Made Fiber,Silk Blend and Other Vegetable FiberTextile of February 6, 1987, as amendedand extended.

In the letter published below, theChairman of CITA directs theCommissioner of Customs not to acceptexempt certifications for ‘‘Indian items’’which include closure devices such aszippers, elastic (any form), elasticizedfabric (any form), or hook-and-pilefasteners (such as ‘‘Velcro’’ or othersimilar holding fabric). In addition, U.S.Customs Service shall not accept items

with buttons (including snap buttons)used as a means of securing at the waistsuch Indian items as salwar, ghagra/lahnga and pavadai. The design and/orornamentations of such items should bea uniquely ‘‘traditional and historicalIndian’’ design.

Shipments of ‘‘Indian items’’ whichdo not conform with the guidelines inAnnex E of the bilateral agreement andthe MOU of December 31, 1994 shall bedenied entry.

See 44 FR 68504, published onNovember 29, 1979.Rita D. Hayes,Chairman, Committee for the Implementationof Textile Agreements.

Committee for the Implementation of TextileAgreementsJanuary 13, 1995.Commissioner of Customs,Department of the Treasury, Washington, DC

20229.Dear Commissioner: This directive

amends, but does not cancel, the directiveissued to you on November 26, 1979, asamended, by the Chairman, Committee forthe Implementation of Textile Agreements.That directive directed you to prohibit entryof certain textile products, produced ormanufactured in India for which theGovernment of India has not issued anappropriate visa or exempt certification.

The purpose of this directive is to furtherclarify the guidelines currently used by U.S.Customs Service in accepting exemptcertifications for textile products exportedfrom India and certified as ‘‘India items,’’under the provisions of the bilateralagreement.

In a Memorandum of Understanding datedDecember 31, 1994, the Governments of theUnited States and India agreed that Indianitems may not include closure devices suchas zippers, elastic (any form), elasticizedfabric (any form), or hook-and-pile fasteners(such as ‘‘Velcro’’ or other similar holdingfabric). In addition, buttons (including snapbuttons) may not be used as a means ofsecuring at the waist such Indian items assalwar, ghagra/lahnga and pavadai.

When considering the design and/orornamentations, it should be a uniquely‘‘traditional and historical Indian’’ design.

Effective on January 26, 1995, you aredirected to deny entry of textile productscertified by the Government of India as‘‘India items’’ which do not conform with thecurrent guidelines and the guidelinesprovided in this directive.

The Committee for the Implementation ofTextile Agreements has determined that thisaction falls within the foreign affairsexception to the rulemaking provisions of 5U.S.C. 553(a)(1).

Sincerely,Rita D. Hayes,Chairman, Committee for the Implementationof Textile Agreements.[FR Doc. 95–1797 Filed 1–24–95; 8:45 am]BILLING CODE 3510–DR–F

DEPARTMENT OF DEFENSE


Meeting of the Commission on Rolesand Missions of the Armed Forces

AGENCY: Department of Defense,Commission on Roles and Missions ofthe Armed Forces.

ACTION: Notice.

SUMMARY: Notice is hereby given of aforthcoming meeting of the Commissionon Roles and Missions of the ArmedForces. The Commission will meet inopen session from 12:45 p.m. untilapproximately 2:00 p.m., and in closedsession from approximately 2:15 p.m.until 5:30 p.m.

During the open part of the meeting,the Commission will hear a report fromits infrastructure panel, discuss selectedinfrastructure issues, and consider theprogress of the staff work being done onprocess issues. During the closedportion of the meeting, the Commissionwill address topics that require thedisclosure of classified information,including counterproliferation and otherclassified issues.

In accordance with section 10(d) ofthe Federal Advisory Committee Act,Public Law 92–453, as amended (5U.S.C. App II), it has been determinedthat these portions of the Commissionon Roles and Missions meeting concernmatters listed in 5 U.S.C. 552b(c)(1), andthat, accordingly, the meeting will beclosed to the public during these times.

DATES: February 8, 1995, 12:45 p.m.until 5:30 p.m.

ADDRESSES: Rosslyn Westpark Hotel,1900 North Fort Myer Drive, Arlington,Virginia.

FOR FURTHER INFORMATION CONTACT:Commander Gregg Hartung, Director forPublic Affairs, Commission on Rolesand Missions, 1100 Wilson Boulevard,Suite 1200F, Arlington, Virginia 22209;telephone (703) 696–4250.

SUPPLEMENTARY INFORMATION: Seatingwill be available on a first-come, first-served basis. Members of the press whowish to reserve seating should contactCommander Gregg Hartung, Director forPublic Affairs, in advance at (703) 696–4250.

Dated: January 20, 1995.L.M. Bynum,Alternate OSD Federal Register LiaisonOfficer, Department of Defense.[FR Doc. 95–1882 Filed 1–24–95; 8:45 am]BILLING CODE 5000–04–M


Meeting of the DOD Advisory Group onElectron Devices

AGENCY: Department of Defense,Advisory Group on Electron Devices.ACTION: Notice.

SUMMARY: Working Group C (MainlyOpto-Electronics) of the DoD AdvisoryGroup on Electron Devices (AGED)announces a closed session meeting.DATES: The meeting will be held at0900, Thursday, February 2, 1995.ADDRESSES: The meeting will be held atPalisades Institute for ResearchServices, Inc., 1745 Jefferson DavisHighway, Crystal Square Four, Suite500, Arlington, Virginia.FOR FURTHER INFORMATION CONTACT:Cheri Spencer, AGED Secretariat, 1745Jefferson Davis Highway, Crystal SquareFour, Suite 500, Arlington, Virginia22202.SUPPLEMENTARY INFORMATION: Themission of the Advisory Group is toprovide advice to the Under Secretary ofDefense for Acquisition andTechnology, to the Director of DefenseResearch and Engineering (DDR&E), andthrough the DDR&E to the Director,Advanced Research Projects Agency andthe Military Departments in planningand managing an effective andeconomical research and developmentprogram in the area of electron devices.

The Working Group C meeting will belimited to review of research anddevelopment programs which theMilitary Departments propose to initiatewith industry, universities or in theirlaboratories. This opto-electronic devicearea includes such programs as imagingdevice, infrared detectors and lasers.The review will include details ofclassified defense programs throughout.

In accordance with Section 10(d) ofPub. L. No. 92–463, as amended, (5U.S.C. App. II§ 10(d) (1988)), it has beendetermined that this Advisory Groupmeeting concerns matters listed in 5U.S.C. 552b(c)(1) (1988), and thataccordingly, this meeting will be closedto the public.

Dated: January 20, 1995.L. M. Bynum,Alternate OSD Federal Register LiaisonOfficer, Department of Defense.[FR Doc. 95–1881 Filed 1–24–95; 8:45 am]BILLING CODE 5000–04–M

Meeting of the DOD Advisory Group onElectron Devices

AGENCY: Department of Defense,Advisory Group on Electron Devices.ACTION: Notice.

SUMMARY: Working Group B(Microelectronics) of the DoD AdvisoryGroup on Electron Devices (AGED)announces a closed session meeting.DATES: The meeting will be held at0900, Wednesday, February 1, 1995.ADDRESSES: The meeting will be held atPalisades Institute for ResearchServices, 1745 Jefferson Davis Highway,Suite 500, Arlington, VA 22202.FOR FURTHER INFORMATION CONTACT:Warner Kramer, AGED Secretariat, 1745Jefferson Davis Highway, Crystal SquareFour, Suite 500, Arlington, Virginia22202.SUPPLEMENTARY INFORMATION: Themission of the Advisory Group is toprovide advice to the Under Secretary ofDefense for Acquisition andTechnology, to the Director, DefenseResearch Engineering (DDR&E), andthrough DDR&E, to the Director.Advanced Research Projects Agency andthe Military Departments in planningand managing an effective research anddevelopment program in the field ofelectron devices.

The Working Group B meeting will belimited to review of research anddevelopment programs which themilitary proposes to initiate withindustry, universities or in theirlaboratories. The microelectronics areaincludes such programs onsemiconductor materials, integratedcircuits, charge coupled devices andmemories. The review will includeclassified program details throughout.

In accordance with Section 10(d) ofPub. L. No. 92–463, as amended, (5U.S.C. App. II§ 10(d) (1988)), it has beendetermined that this Advisory Groupmeeting concerns matters listed in 5U.S.C. 552b(c)(1) (1988), and thataccordingly, this meeting will be closedto the public.


Joint Service Committee On MilitaryJustice: Public Meeting

AGENCY: Joint Service Committee onMilitary Justice (JSC).ACTION: Notice of public meeting.

SUMMARY: This notice sets forth theschedule and proposed agenda of apublic meeting of the JSC. This noticealso describes the functions of the JSC.DATES: Wednesday, March 1, 1995,10:00 a.m. to 12:00 p.m.

ADDRESSES: Builiding 111, WashingtonNavy Yard, Washington, DC.FUNCTION: The JSC was established bythe Judge Advocates General in 1972.The JSC currently operates underDepartment of Defense Directive5500.17 of January 23, 1985. It is thefunction of the JSC to improve MilitaryJustice through the preparation andevaluation of proposed amendmentsand changes to the Uniform Code ofMilitary Justice and the Manual forCourts-Martial.AGENDA: The JSC will receive publiccomment concerning the revision toMilitary Rule of Evidence 412. Thisreview is necessitated by Military Ruleof Evidence 1102. This proposedrevision was published on January 25,1995.FOR FURTHER INFORMATION CONTACT:LT Kristen M. Henrichsen, JAGC, USN,Executive Secretary, Joint ServiceCommittee on Military Justice, Building111, Washington Navy Yard,Washington, DC, 20374–1111; (202)433–5895.


Proposed Changes to U.S. Court ofAppeals for the Armed Forces Rules

ACTION: Notice of proposed changes tothe Rules of Practice and Procedure ofthe United States Court of Appeals forthe Armed Forces.

SUMMARY: This notice announces thefollowing proposed changes (italicized)to Rule 4(b), Rule 19(d), Rule 27(a)(1)(E),Rule 30 and Rule 31 of the Rules ofPractice and Procedure, United StatesCourt of Appeals for the Armed Forces,and the proposed addition of a StudentPractice Rule for public notice andcomment:

Rule 4. Jurisdiction

* * * * *(b) Extraordinary Writs.(1) The Court may, in its discretion,

entertain original petitions forextraordinary relief including, but notlimited to, writs of mandamus, writs ofprohibition, writs of habeas corpus, andwrits of error coram nobis. See 28 USC1651(a) and Rules 18(b), 27(a), and 28.Absent good cause, no such petitionshall be filed unless relief has first beensought in the appropriate Court ofCriminal Appeals. Original writs arerarely granted.


(2) The Court may, in its discretion,entertain a writ appeal petition toreview a decision of a Court of CriminalAppeals on a petition for extraordinaryrelief. See Rules 18(a)(4), 27(b), and 28.* * * * *

Rule 19. Time Limits

* * * * *(d) Petition for extraordinary relief. A

petition for extraordinary relief underRule 4(b)(1) shall be filed, with asupporting brief and any availablerecord, as soon as possible but, in anyevent, no later than 20 days after thepetitioner learns of the actioncomplained of. However, a petition forwrit of habeas corpus or writ of errorcoram nobis may be filed at any time.See Rules 27(a) and 28.* * * * *

Rule 27. Petition for ExtraordinaryRelief, Writ Appeal Petition, Answer,and Reply

(a) Petition for extraordinary relief. (1)A Petition for extraordinary relief,together with any available record, shallbe filed within the time prescribed byRule 19(d), shall be accompanied byproof of service on all namedrespondents, and shall contain:* * * * *

(E) The jurisdictional basis for therelief sought, including an explanationof how the writ will be in aid of theCourt’s jurisdiction; the reasons therelief sought cannot be obtained duringthe ordinary course of trial or appellatereview or through administrativeprocedures; and the reasons relief hasnot been sought from the appropriateCourt of Criminal Appeals, if that is thecase, see Rule 4(b)(1); and* * * * *

Rule 30. Motions

* * * * *(b) An answer to a motion may be

filed no later than 5 days after the filingof the motion.

(c) [New] A reply to an answer to amotion may be filed no later than 5 daysafter the filing of the answer.* * * * *

[Subsections (c) through (f) to beredesignated as subsections (d) through(g), respectively.]

(g) [As redesignated] Notwithstandingany other provision of these rules, theCourt may immediately act on anymotion without awaiting an answer or areply, if it appears that the relief soughtought to be granted. * * ** * * * *

Rule 31. Petition for Reconsideration

* * * * *

(c) [New] A reply to an answer to apetition may be filed no later than 5days after the filing of the answer.

[Subsections (c) and (d) to beredesignated subsections (d) and (e),respectively.]

Proposed Student Practice Rule

a. Appearance by Law Student

With leave of this Court, an eligiblelaw student acting under a supervisingattorney may appear in a particular case,except a case in which any party isunder or is potentially subject to asentence of death, on behalf of anyparty, including the United States,provided that the student andsupervising attorney comply with theprovisions of this rule.

b. Eligibility of Student

To be eligible to appear andparticipate in any case, a law studentmust:

(1) Be a student in good standing ina law school approved by the AmericanBar Association, or be a recent graduateof such school awaiting the result of astate bar examination;

(2) Have completed legal studiesamounting to at least four semesters, orthe equivalent if the school is on somebasis other than a 3 year, 6 semesterbasis;

(3) Have completed and received apassing grade in courses in criminalprocedure and criminal law;

(4) Neither ask for nor receive anycompensation or remuneration of anykind from the person on whose behalfthe services are rendered; and

(5) Be familiar with the Uniform Codeof Military Justice and the rules of thisCourt.

c. Supervising Attorney Requirements

A supervising attorney must:(1) Be an attorney of record in the

case;(2) Be a member in good standing of

the bar of this Court;(3) Have been admitted to practice for

a minimum of two years and haveappeared and argued in at least one casebefore this Court or appeared andargued in at least three cases before stateor Federal appellate courts;

(4) Not supervise more than five (5)students at any one time;

(5) Appear with the student in anyoral presentations before this Court;

(6) Read, approve and sign alldocuments filed with this Court;

(7) Assume personal professionalresponsibility for the student’s work inmatters before this Court;

(8) Be responsible to supplement theoral or written work of the student as

necessary to ensure properrepresentation of the client;

(9) Guide and assist the student inpreparation to the extent necessary orappropriate under the circumstances;

(10) Be available to consult with theclient; and

(11) Neither ask for nor receive anycompensation or remuneration of anykind from the person on whose behalfthe services are rendered.

d. Authorization and Certification

(1) The party on whose behalf thestudent appears must consent to therepresentation by that student inwriting.

(2) The supervising attorney mustindicate in writing approval of theappearance by the law student andconsent to supervise the law student.

(3) The law student must be certifiedby the dean of the student’s law schoolas being of good character andcompetent legal ability.

(4) Before commencing studentrepresentation in any case under thisrule, the supervising attorney shall filea motion for leave to allow studentrepresentation in such case. The motionshould put forth that the provisions ofthis rule have been met and that incounsel’s view the case is anappropriate one for studentrepresentation. The written consent,approval and certification referred toabove shall be attached to the motion.A copy of the motion shall be served onopposing counsel, but no answer will beallowed except with leave of the Court.Once these documents are filed, theCourt will decide, using its descriptionon a case-by-case basis, whether toallow the student representation.

e. Activities

Upon fulfilling the requirements ofthis rule, the student may enter anappearance in a case and:

(1) assist in the preparation of briefsand other documents to be filed in thisCourt, but such briefs or documentsmust also be signed by the supervisingattorney;

(2) participate in oral argument, butonly in the presence of the supervisingattorney; and

(3) take part in other activities inconnection with the case, subject to thedirection of the supervising attorney.

f. Termination

The dean’s certification of thestudent:

(1) shall remain in effect, unlesssooner withdrawn, until the publicationof the results of the first bar examinationtaken by such student following thestudent’s graduation. For any student


who passes that examination thecertification shall continue in effectuntil the date the student is admitted tothe bar;

(2) may be withdrawn by the Court atany time; and

(3) may be withdrawn by the dean atany time.

g. Exceptions

(1) This rule does not apply to anappearance or an oral argument by a lawstudent on behalf of an amicus curiae.A law student may appear on behalf ofan amicus curiae on motion and inaccordance with the provisions of Rules26 and 40(b)(2).

(2) Nothing in this rule shall precludethe Government or any agency, firm, ororganization from compensating a lawstudent for services rendered undersuch rule.

(3) The Court retains the authority, ongood cause shown, to establishexceptions to these procedures in anycase. See Rule 33.DATES: Comments on the proposedchanges and addition must be receivedby February 24, 1995.ADDRESSES: Forward written commentsto Thomas F. Granahan, Clerk of theCourt, United States Court of Appealsfor the Armed Forces, 450 E Street,Northwest, Washington, DC 20442–0001.FOR FURTHER INFORMATION CONTACT:Thomas F. Granahan, Clerk of the Court,telephone (202) 272–1448 (x600).SUPPLEMENTARY INFORMATION: The RulesAdvisory Committee Report on theproposed changes to Rule 4(b), Rule19(d), Rule 27(a)(1)(E), Rule 30, andRule 31 and the Proposed StudentPractice Rule is included as anattachment to this notice.

Committee Report on Proposed Rules4(b) and 27(a)(1)(E)

The purpose of the proposed changesto Rules 4(b) and 27(a)(1)(E) is to makeclear to practitioners that a petition forextraordinary relief should not be filedwith the Court unless efforts to obtainthe requested relief from the appropriateCourt of Criminal Appeals (formerlyCourt of Military Review) have beenunavailing. See, e.q., United States v.Coffey, 38 MJ 290, 291 (CMA 1993) (percuriam). Since those courts have AllWrits Act powers, and share with theJudge Advocates General responsibilityfor the administration of military justicein their branch of the service, it is onlysensible that they be afforded anopportunity to address extraordinarywrit issues before they reach the UnitedStates Court of Appeals for the ArmedForces (formerly Court of Military

Appeals). This will give those closest tothe issues a chance to bring theirexperience to bear, and in some numberof cases may make it unnecessary for theCourt of Appeals for the Armed Forcesto become involved. Even if relief isdenied by the Court of CriminalAppeals, their consideration may helpto frame the issues and develop arecord. Both of these factors willfacilitate efficient and intelligent reviewby the Court of Appeals for the ArmedForces. It is presumed, on the otherhand, that extraordinary writ cases willbe addressed expeditiously by theCourts of Criminal Appeals.

In keeping with the policy underlyingArticle 36(a), that military practiceshould conform to the extent practicablewith civilian federal practice, theseproposed rule changes take into accountthe practice of the Supreme Court andthe Article III courts of appeals.Fed.R.App.P. 22(a) requires that originalhabeas corpus petitions be filed in thedistrict court. (The part of Fed.R.App.P.22(a) that calls for resort to the districtcourt merely made former practiceexplicit. 9 Moore’s Federal Practice ¶222.01[2], at 22–3 (James Wm. Moore,Bernard J. Ward & Jo Desha Lucas 2d ed.1993) (Advisory Committee Note).)

The Supreme Court discourages thefiling of original extraordinary writpetitions with it. S.Ct.R. 20.1, 20.3, 20.4;Robert L. Stern, Eugene Gressman,Stephen M. Shapiro & Kenneth S.Geller, Supreme Court Practice § 11.3, at501–03 (7th ed. 1993) (last time Courtgranted original habeas petition was in1925); see also 28 USC 2242 (1988)(habeas application directed to a Justice‘‘shall state the reasons for not makingapplication to the district court of thedistrict in which the applicant is held’’).

Because courts-martial are notstanding bodies, requiring resort to thetrial court is not feasible in the militarycontext. Requiring resort to theintermediate courts serves similarpurposes.

These proposed rule changes permit apetitioner to petition the Court ofAppeals for the Armed Forces withouthaving first sought relief from the Courtof Criminal Appeals only if there isgood cause to do so. This exception hasbeen included only because it isimpossible to anticipate alleventualities. It is intended that astringent standard would be applied inthis connection. The Committeebelieves that what constitutes goodcause for this purpose will be spelledout by the Court in its opinions. Whilewe have used the term already used bythe Court for requests to suspend theRules, see Rule 33, and by Congress inArticle 67(a)(3) with respect to petitions

for grant of review, we do not, by sodoing, mean to imply that the standardswould be comparable. Extraordinarywrits are and should remainextraordinary, and bypassing the Courtsof Criminal Appeals should bepermitted sparingly and only forcompelling reasons.

The Committee considered insertingin Rule 27(a)(1)(E) a clause requiringcounsel to state the exceptionalcircumstances that are believed towarrant an exercise of the Court’sdiscretionary powers. This proposal wasnot adopted because the Committeebelieves that such a requirement isalready implicit in Rule 27(a)(1)(F),which requires counsel to state the‘‘[r]easons for granting the writ.’’Subdivision (E) speaks to jurisdiction,rather than the divers prudential factorsthat bear on whether the Court’s AllWrits Act authority should be exercised.

These proposed rule changesoriginated with a version proposed byJudge Richard M. Mollison of the UnitedStates Navy-Marine Corps Court ofCriminal Appeals.

Committee Report on Proposed Rule19(d)

The Court’s Rules AdvisoryCommittee, with one memberdissenting, recommends that Rule 19(d)be changed to eliminate the apparent20-day time limit for petitioning theCourt for a writ of error coram nobis.

Noting that only petitions for writ ofhabeas corpus are expressly exemptedfrom the 20-day time limit establishedby Rule 19(d), the Committee suggeststhe failure also to exempt petitions forwrit of error coram nobis may be due toan oversight by the drafters of Rule 19.

The All Writs Act, 28 USC 1651(a),which is the basis for the Court’sextraordinary relief jurisdiction,establishes no fixed time limit forapplications for writs of error coramnobis. See United States v. Morgan, 346U.S. 502 (1954) (writ available aftersentence already served when theconviction was sought to be used toenhance sentence on a later conviction).

When Rule 19 was drafted, the Courtof Appeals for the Armed Forces hadnot previously suggested any time limitfor the filing of a petition for writ oferror coram nobis. See Del Prado v.United States, 23 USCMA 132, 48 CMR748, 749 (1974) (citing United States v.Morgan, supra). Nor has the Courtstrictly enforced its present rule. Cf.Garrett v. Lowe, 39 MJ 293, 295 and n.2(CMA 1994). Coincidentally, the jointCourts of Criminal Appeals (formerlyCourts of Military Review) Rules do notimpose a time limit on any petitions forextraordinary relief, including those for


writs of error coram nobis. Joint Ct.Crim. App. R. 20, 22 MJ at cxxxv (1985);see Tillman v. United States, 32 MJ 962(ACMR 1991); but see AFCMR R. 5–2b(1992) (time limits same as Ct. Crim.App. r. 19(d)). Accordingly, the RulesAdvisory Committee recommends thatthe last sentence of Rule 19(d) beamended to read as follows: ‘‘However,a petition for writ of habeas corpus orwrit of error coram nobis may be filedat any time.’’

Committee Report on Proposed Rules 30and 31

The purpose of these proposed rulechanges is to eliminate the need forcounsel to seek leave of court whenfiling replies to answers to motionsgenerally and petitions forreconsideration. E.g., D.C. Cir. R. 27(d);4th Cir. IOP 27.3; D.D.C.R. 108(d); Fed.C1. R. 83.2; see Robert L. Stern, EugeneGressman, Stephen M. Shapiro &Kenneth S. Geller, Supreme CourtPractice § 16.6, at 642 n.6 (7th ed. 1993).The changes will bring motion andreconsideration practice into line withthe Court’s normal practice ofpermitting replies. See C.A.A.F.R.19(a)(5)(A)–(B), 19(a)(7)(B), 19(b), 19(c),19(e), 19(f), 21(c)(1)–(2), 22(b), 23(b),27(b), 28(c), 29(c).

Committee Report on Proposed StudentPractice Rule

The Court Rules Advisory Committee,with one member dissenting,recommends adoption of a StudentPractice Rule. The proposed rule allowsfor the entry of appearance on behalf ofa party by a third-year law studentunder the guidance of a supervisingattorney who must also be the counselof record. This rule is a naturalextension of the Court’s current policyallowing law students to argue on behalfof amici curiae. It facilitates the interestof the Court and the Armed Forces intraining future judge advocates. The ruleis similar to student practice rules inforce in over half of the other Federalcourts of appeals.

The rule provides a structure that willassure that parties receive appropriaterepresentation. It permits third-year lawstudents who have been certified by thedean of their law school as being ingood standing to enter an appearance onbehalf of a party in any case except acapital case, under the guidance of thesupervising attorney. In order tosupervise participating law students, thesupervising attorney must be anattorney of record for the case, musthave been admitted to practice for atleast two years, must be a member of thebar of this Court, and must haveappeared and argued in at least one case

before this Court or appeared andargued in at least three cases before stateor Federal appellate courts.

The rule is not self-executing.Permission of the Court to allow thestudent to participate in a case is alwaysrequired. This discretion should allowthe Court to monitor the progress ofstudent practice under the rule as wellas to adapt to unforeseen circumstancesas they arise.


L.M. Bynum,Alternate OSD Federal Register LiaisonOfficer, Department of Defense.[FR Doc. 95–1879 Filed 1–24–95; 8:45 am]


Department of the Air force

Acceptance of Group ApplicationUnder PL 95–202 and DODD 1000.20‘‘U.S. Civilian Flight Crew and AviationGround Support Employees of BraniffAirways, Who Served Overseas as aResult of a Contract With the AirTransport Command During the PeriodFebruary 26, 1942 through August 14,1945’’

Under the provisions of Section 401,Public Law 95–202 and DOD Directive1000.20, the Department of DefenseCivilian/Military Service Review Boardhas accepted an application on behalf ofthe group known as: ‘‘U.S. CivilianFlight Crew and Aviation GroundSupport Employees of Braniff Airways,Who Served Overseas as a Result of aContract With the Air TransportCommand During the Period February26, 1942 through August 14, 1945.’’Persons with information ordocumentation pertinent to thedetermination of whether the service ofthis group should be considered activemilitary service to the Armed Forces ofthe United States are encouraged tosubmit such information ordocumentation within 60 days to theDOD Civilian/Military Service ReviewBoard, Secretary of the Air Force,Washington, D.C. 20330–1000. Copies ofdocuments or other materials submittedcannot be returned. For furtherinformation, contact Lt Col Orban, (301)981–3504.Patsy J. Conner,Air Force Federal Register Liaison Officer.FR Doc. 95–1787 Filed 1–24–95; 8:45 am]


Office of the Secretary of the Army

Finding of No Significant Impact (FNSI)and Environmental Assessment forDisposal and Reuse of Nike BatteryKansas City 30, Pleasant Hill, Missouri

AGENCY: Department of the Army, DoD.ACTION: Finding of no significantimpact.

SUMMARY: The proposed action analyzedby this document is the disposal andreuse of the Nike Battery Kansas City 30(Nike KC–30) as required by the DefenseAuthorization Amendments and theBase Closure and Realignment Act(Public Law 100–526). The purpose ofthe Environmental Assessment (EA) isto identify and evaluate the anticipatedeffects of disposal by the Army andreuse of Nike KC–30 by non-Armyentities.

The EA studied in detail threepossible alternatives for complying withthe recommendation made by theDefense Secretary’s Commission onBase Realignment and Closure todispose of Nike KC–30. Thesealternatives included: no action;encumbered disposal in which theArmy would identify and impose reuseconstraints on future owners; andunencumbered disposal where potentialencumbrances would be identified andremoved by the Army prior to disposalof the property. The EA found thatencumbered disposal of Nike KC–30 isthe most desirable course of action tocomply with the Commission’srecommendation. Encumbered disposalof the facility would result in positiveenvironmental effects. Prior to disposalof the property, the Army wouldidentify all areas of environmentalcontamination and conduct remedialactions to return the site to a levelconsistent with future use withoutpresenting unacceptable risks tooccupants or workers. Encumbereddisposal of the site would also allow theArmy to return surplus capacity topublic or private use.

However, encumbered disposal of theNike KC–30 site would result in anArmy imposed reuse constraint onfuture owners. This constraint wouldrequire the future owner to removesections of the existing buried, non-friable asbestos-containing waterdistribution and sewage lines if thefuture owner disturbs theseunderground lines during development.Removal and disposal of the disturbedsections would be required to beconducted in accordance with federaland state regulations governing asbestoscontaining material. Additionalconstraints may be identified during


future investigations of the property.These constraints would be identifiedand imposed by the Army at the time ofdeed transfer. Currently, the facility isin compliance with all applicablefederal environmental statutes andexecutive orders.

Implementation of the unencumberedalternative would have similarenvironmental effects as theencumbered disposal alternative.However, unencumbered disposalwould require the Army to remediate forall site contamination, including theburied, non-friable asbestos-containingwater distribution and sewage lines.These lines are not a hazard to humanhealth or the environment, unlessdisturbed.

Implementation of the no-actionalternative would perpetuatemaintenance costs incurred by theArmy. Additionally, no remedial actionswould be taken for known contaminantson the site.

The EA results in a Finding of NoSignificant Impact (FNSI), therefore anEnvironmental Impact Statement (EIS)is not required for encumbered disposalof Nike KC–30.DATES: Coments must be received on orbefore February 24, 1995.ADDRESSEE: Persons wishing tocomment may obtain a copy of the EAor inquire regarding the FNSI by writingto Mr. Alan Gehrt, EnvironmentalResources Branch, Planning Division,U.S. Army Corps of Engineers, KansasCity, 601 East 12th Street, Kansas City,Missouri 64106–2896.FOR FURTHER INFORMATION: Questionsregarding this FNSI may be directed tothe U.S. Army Corps of Engineers,ATTN: Mr. Alan Gehrt, at (816) 426–3358.

Dated: January 19, 1995.Lewis D. Walker,Deputy Assistant Secretary of the Army,(Environment, Safety and OccupationalHealth) OASA (IL&E).[FR Doc. 95–1869 Filed 1–24–95; 8:45 am]BILLING CODE 3710–08–M

Department of the Navy

Notice of Intent To Prepare anEnvironmental Impact Statement forDisposal and Reuse of Naval AirStation Cecil Field, Florida

Pursuant to the NationalEnvironmental Policy Act asimplemented by the Council onEnvironmental Quality Regulations (40CFR parts 1500–1508), the Departmentof the Navy announces its intent toprepare an Environmental ImpactStatement (EIS) to evaluate the potential

environmental effects of disposal andreuse of Naval Air Station (NAS) CecilField, located in Duval and ClayCounties near Jacksonville, Florida.

In accordance with the Defense BaseClosure and Realignment Act (DBCRA)(PL 101–510), as implemented by the1993 Base Realignment And Closureprocess, the Navy has been directed toclose and dispose of NAS Cecil Fieldand its associated Outlying LandingField (OLF) at Whitehouse.

The proposed action to be evaluatedin the EIS involves the disposal of land,buildings, and infrastructure at NASCecil Field, including OLF Whitehousewhich is located approximately sevenmiles to the north. The Navy intends toanalyze the environmental effects ofdisposal of NAS Cecil Field based uponreasonable reuse scenarios for theproperty. The community established alocal redevelopment authority,identified as the Cecil FieldDevelopment Commission (CFDC), thatis charged with planning appropriatenew uses for the properties. The EISwill evaluate these alternative reusescenarios, including the ‘‘no action’’alternative (retention of the property incaretaker status). However, because ofthe process mandated by DBCRA,selection of the ‘‘no action’’ alternativewould be considered impracticable forthe Navy to implement.

The EIS will evaluate the impacts ofdisposal and reuse of NAS Cecil Fieldproperties on the natural environment,including but not limited to, plant andwildlife habitats, water resources suchas streams and wetlands, and airquality. It will also evaluate effects onthe socioeconomic environment,including potential impacts to theregional economy, the local tax base,and land uses. In addition, as requiredby Section 106 of the National HistoricPreservation Act, the Navy will bepreparing a cultural resources survey todetermine if any sensitivearchaeological resources or historicbuildings or structures will be affectedby the proposed reuse.

The Navy is initiating a scopingprocess for the purpose of determiningthe scope of issues to be addressed andfor identifying significant issues relatedto proposed reuse. The Navy will holda public scoping meeting on February 9,1995, beginning at 7:00 p.m. in the MainDrill Hall at the Post of Snyder, FloridaArmy National Guard Center, 9900Normandy Boulevard, Jacksonville,Florida. The location of this meetingwill also be advertised in local andregional newspapers.

A brief presentation will precede arequest for public comment and willinclude a presentation on proposed uses

that have been identified for theproperties. Navy representatives will beavailable at this meeting to receivecomments regarding issues of concern tothe public. It is important that federal,state, and local agencies and interestedindividuals take this opportunity toidentify environmental concerns thatshould be addressed during thepreparation of the EIS. Further, becauseit is anticipated that the CFDC reuse-plan will not be completed until July,1995, the scoping process offers anopportunity to incorporate publicenvironmental concerns into the CFDCplanning process.

Agencies and the public are alsoinvited and encouraged to providewritten comment in addition to, or inlieu of, oral comments at the scopingmeeting. To be most helpful, scopingcomments should clearly describe thespecific issues or topics the commenterbelieves the EIS should address. In theinterest of available time, each speakerwill be asked to limit oral comments tofive minutes. Written statements and/orquestions regarding the scoping processshould be mailed no later than March11, 1995, to: Commanding Officer,Southern Division, Naval FacilitiesEngineering Command, P.O. Box190010, North Charleston, SC 29419–9010, (Attn: Mr. Robert Teague, Code203RT) telephone (803) 743–0785.

Dated: January 20, 1995.L. R. NcNees,LCDR, JAGC, USN, Federal Register LiaisonOfficer.[FR Doc. 95–1889 Filed 1–24–95; 8:45 am]BILLING CODE 3810–FF–P

Government-owned Inventions;Availability for Licensing

AGENCY: Department of the Navy, DOD.ACTION: Notice of availability ofinventions for licensing.

SUMMARY: The inventions listed beloware assigned to the United StatesGovernment as represented by theSecretary of the Navy and are madeavailable for licensing by theDepartment of the Navy.

Copies of patents cited are availablefrom the Commissioner of Patents andTrademarks, Washington, D.C. 20231,for $3.00 each. Requests for copies ofpatents must include the patent number.

Copies of patent applications cited areavailable from the National TechnicalInformation Service (NTIS), Springfield,Virginia 22161 for $6.95 each ($10.95outside North American Continent).Requests for copies of patentapplications must include the patentapplication serial number. Claims are


deleted from the copies of patentapplications sold to avoid prematuredisclosure.FOR FURTHER INFORMATION CONTACT:Mr. R.J. Erickson, Staff Patent Attorney,Office of Naval Research (Code OOCC),Arlington, Virginia 22217–5660,telephone (703) 696–4001.Patent 5,272,932: TORSIONAL DEVICE

FOR REMOTE CONTROL STEERINGSYSTEM; filed 28 May 1992; patented28 December 1993.

Patent 5,315,988: REACTIVE, CLOSED-CIRCUIT UNDERWATERBREATHING APPARATUS; filed 29September 1992; patented 31 May1994.

Patent 5,325,098: INTERACTINGMULTIPLE BIAS MODEL FILTERSYSTEM FOR TRACKINGMANEUVERING TARGETS; filed 1June 1993; patented 28 June 1994.

Patent 5,325,701: IMPACTDYNAMOMETER; filed 11 August1992; patented 5 July 1994.

Patent 5,325,722: SPLIT PIPE TESTINGDEVICE FOR THE MEASUREMENTOF BOND OF REINFORCEMENTUNDER CONTROLLEDCONFINEMENT; filed 14 August1992; patented 5 July 1994.

Patent 5,325,913: MODULE COOLINGSYSTEM; filed 25 June 1993; patented5 July 1994.

Patent 5,326,291: ACTUATORMECHANISM FOR OPERATING ATORPEDO TUBE SHUTTER DOOR;filed 13 October 1992; patented 5 July1994.

Patent 5,326,474: LOW FLOW FLUIDSEPARATOR; filed 13 November1992; patented 5 July 1994.

Patent 5,327,316: POWER TERMINALPROTECTION DEVICE; filed 9October 1990; patented 5 July 1994.

Patent 5,327,745: MALONE BRAYTONCYCLE ENGINE/HEAT PUMP; filed28 September 1993; patented 12 July1994.

Patent 5,327,810: UNIVERSALRECEIVER HAVING PNEUMATICSAFE/ARM/FIRING MECHANISM;filed 3 December 1993; patented 12July 1994.

Patent 5,327,941: CASCADE ORIFICIALRESISTIVE DEVICE; filed 16 June1992; patented 12 July 1994.

Patent 5,328,129: GUIDANCE METHODFOR UNTHROTTLED, SOLID-FUELDIVERT MOTORS; filed 17 June 1993;patented 12 July 1994.

Patent 5,328,141: SAG COMPENSATEDVIBRATION ISOLATION MOUNT;filed 2 August 1993; patented 12 July1994.

Patent 5,328,261: METHOD ANDAPPARATUS FOR DISSOLVINGPOWER IN A LIQUID; filed 4 October1993; patented 12 July 1994.

Patent 5,328,633: EXTENDED-RELEASEPLAQUE PREVENTING ANDDISSOLVING COMPOSITIONS; filed4 May 1990; patented 12 July 1994.

Patent 5,328,853: METHOD OFMAKING A PHOTODETECTORARRAY HAVING HIGH PIXELDENSITY; filed 18 June 1993;patented 12 July 1994.

Patent 5,328,957: POLYURETHANE-ACRYLIC INTERPENETRATINGPOLYMER NETWORK ACOUSTICDAMPING MATERIAL; filed 26August 1991; patented 12 July 1994.

Patent 5,329,110: METHOD OFFABRICATING AMICROELECTRONICPHOTOMULTIPLIER DEVICE WITHINTEGRATED CIRCUITRY; filed 22November 1993; patented 12 July1994.

Patent 5,329,245: HYBRID HIGHPOWER AMPLIFIER; filed 28 June1993; patented 12 July 1994.

Patent 5,329,280: ADJACENT CODESYSTEM; filed 29 June 1992; patented12 July 1994.

Patent 5,329,442: OPTIMALDISTRIBUTED CONTROL SYSTEMFOR A LINEAR DISTRIBUTEDPARAMETER SYSTEM; filed 29August 1991; patented 12 July 1994.

Patent 5,329,495: PASSIVEBEAMFORMER WITH LOW SIDELOBES; filed 30 June 1993; patented12 July 1994.

Patent 5,329,540: SILICATE GELLASER; filed 31 March 1993; patented12 July 1994.

Patent 5,329,607: PURE-SILICA COREDUAL-MODE OPTICAL FIBER; filed28 February 1992; patented 12 July1994.

Patent 5,329,758: STEAM AUGMENTEDGAS TURBINE; filed 21 May 1993;patented 19 July 1994.

Patent 5,330,918: METHOD OFFORMING A HIGH VOLTAGESILICON-ON-SAPPHIREPHOTOCELL ARRAY; filed 31 August1992; patented 19 July 1994.

Patent 5,331,062: POLYURETHANE-EPOXY INTERPENETRATINGPOLYMER NETWORK ACOUSTICDAMPING MATERIAL; filed 28August 1991; patented 19 July 1994.

Patent 5,331,236: MICRODYNAMICDEVICES FABRICATED ON SILICON-ON-SAPPHIRE SUBSTRATES; filed19 August 1992; patented 19 July1994.

Patent 5,331,273: THERMAL FIXTUREFOR TESTING AN INTEGRATEDCIRCUIT; filed 10 April 1992;patented 19 July 1994.

Patent 5,331,328: METHOD OFPHASED MAGNITUDECORRELATION USING BINARY

SEQUENCES; filed 15 November1993; patented 19 July 1994.

Patent 5,331,404: LOW NOISE FIBERGYROSCOPE SYSTEM WHICHINCLUDES EXCESS NOISESUBTRACTION; filed 30 November1992; patented 19 July 1994.

Patent 5,331,603: MAGNETIC HEADINGSENSOR ALIGNMENT AND ROLLREDUCING DEVICE; filed 18 March1993; patented 19 July 1994.

Patent 5,331,605: REINFORCED FOAMCORE ACOUSTIC BAFFLE; filed 14September 1993; patented 19 July1994.

Patent 5,331,897: SHIP DECOY; filed 7October 1977; patented 26 July 1994.

Patent 5,332,659: LIGHT EMISSION-ORABSORBANCE-BASED BINDINGASSAYS FOR POLYNUCLEIC ACIDS;filed 15 January 1993; patented 26July 1994.

Patent 5,332,681: METHOD OFMAKING A SEMICONDUCTORDEVICE BY FORMING ANANOCHANNEL MASK; filed 12June 1992; patented 26 July 1994.

Patent 5,332,723: SUPERCONDUCTINGTHIN FILM WITH FULLERENESAND METHOD OF MAKING; filed 28July 1993; patented 26 July 1994.

Patent 5,333,142: TECHNIQUE FORINTRACAVITY SUM FREQUENCYGENERATION; filed 12 August 1993;patented 26 July 1994.

Patent 5,333,444: SUPERCONDUCTINGELECTROMAGNETIC THRUSTER;filed 11 February 1993; patented 2August 1994.

Patent 5,333,570: DAMPED LINKAGEFOR TORPEDO STEERINGACTUATOR; filed 18 May 1992;patented 2 August 1994.

Patent 5,333,667: SUPERSTRENGTHMETAL COMPOSITE MATERIALAND PROCESS FOR MAKING THESAME; filed 31 January 1992;patented 2 August 1994.

Patent 5,334,629: CONTROL OFCONTINUOUS PHASE PH USINGVISIBLE LIGHT TO ACTIVATE PH-DEPENDENT FIBERS AND GELS INA CONTROLLED AND REVERSIBLEMANNER; filed 27 August 1992;patented 2 August 1994.

Patent 5,334,853: SEMICONDUCTORCOLD ELECTRON EMISSIONDEVICE; filed 29 September 1993;patented 2 August 1994.

Patent 5,334,881: HIGH ISOLATIONELECTRONIC SWITCH; filed 19March 1992; patented 2 August 1994.

Patent 5,334,903: COMPOSITEPIEZOELECTRICS UTILIZING ANEGATIVE POISSON RATIOPOLYMER; filed 4 December 1992;patented 2 August 1994.

Patent 5,335,259: SUBMICROSECOND,SYNCHRONIZABLE X-RAY SOURCE;


filed 31 March 1993; patented 2August 1994.

Patent 5,335,297: TARGET DETECTIONFOR VISION SYSTEMS; filed 3 May1993; patented 2 August 1994.

Patent 5,335,620: PROTECTIVEFAIRING FOR UNDERWATERSENSOR LINE ARRAY; filed 31March 1993; patented 9 August 1994.

Patent 5,335,886: LIFT ENHANCEMENTDEVICE; filed 26 May 1993; patented9 August 1994.

Patent 5,336,892: METHOD ANDSYSTEM FOR ELECTRON BEAMLITHOGRAPHY; filed 13 May 1992;patented 9 August 1994.

Patent 5,337,053: METHOD ANDAPPARATUS FOR CLASSIFYINGTARGETS; filed 22 October 1993;patented 9 August 1994.

Patent 5,337,288: ACOUSTIC ANDVIBRATION ATTENUATIONCOMPOSITE MATERIAL; filed 30September 1992; patented 9 August1994.

Patent 5,337,673: CONTROLLEDFRAGMENTATION WARHEADCASE; filed 17 December 1993;patented 16 August 1994.

Patent 5,337,803: METHOD OFCENTRIFUGALLY CASTINGREINFORCED COMPOSITEARTICLES; filed 25 May 1993;patented 16 August 1994.

Patent 5,338,374: METHOD OFMAKING COPPER-TITANIUMNITRIDE ALLOY; filed 26 July 1993;patented 16 August 1994.

Patent 5,338,432: CORROSIVITYSENSOR; filed 30 June 1993; patented16 August 1994.

Patent 5,338,599: VIBRATION-DAMPING STRUCTURALCOMPONENT; filed 26 November1991; patented 16 August 1994.

Patent 5,339,024: NONDESTRUCTIVETESTING APPARATUS FORDETERMINING THE ORIENTATIONOF REINFORCING BARS WITHIN ACONCRETE STRUCTURE; filed 17December 1992; patented 16 August1994.

Patent 5,339,025: METHOD FORDETERMINING THE GRANULARNATURE OF SUPERCONDUCTORSUSING PULSED CURRENT; filed 28January 1993; patented 16 August1994.

Patent 5,339,057: LIMITEDBANDWIDTH MICROWAVE FILTER;filed 26 February 1993; patented 16August 1994.

Patent 5,339,189: NONLINEARFREQUENCY CONVERSIONOPTICAL FILTER; filed 20 September1993; patented 16 August 1994.

Patent 5,339,285: MONOLITHIC LOWNOISE PREAMPLIFIER FORPIEZOELECTRIC SENSORS; filed 12April 1993; patented 16 August 1994.

Patent 5,339,291: FLEXIBLECOMPONENT SHEET EMBEDDINGOPERATIONAL COMPONENTS; filed7 May 1969; patented 16 August 1994.

Patent 5,339,378: TORQUE-BALANCEDEXTENDABLE FIBER OPTIC CABLE;filed 6 October 1993; patented 16August 1994.

Patent 5,339,691: ULTRASONIC TESTSYSTEM; filed 13 October 1993;patented 23 August 1994.

Patent 5,339,762: UNDERSEALAUNCHER FOR A TETHEREDDEVICE; filed 21 June 1993; patented23 August 1994.

Patent 5,340,054: SUPPRESSOR OFOSCILLATIONS IN AIRFRAMECAVITIES; filed 11 February 1992;patented 23 August 1994.

Patent 5,341,056:MAGNETOSTRICTIVE MOTORSYSTEM; filed 18 January 1991;patented 23 August 1994.

Patent 5,341,205: METHOD FORCHARACTERIZATION OF OPTICALWAVEGUIDE DEVICES USINGPARTIAL COHERENCEINTERFEROMETRY; filed 15 January1991; patented 23 August 1994.

Patent 5,341,463: SELECTIVEPOLYGON MAP DISPLAY METHOD;filed 31 January 1990; patented 23August 1994.

Patent 5,341,718: LAUNCHEDTORPEDO DECOY; filed 19 August1993; patented 30 August 1994.

Patent 5,343,794: INFRARED DECOYMETHOD USINGPOLYDIMETHYLSILOXANE FUEL;filed 7 October 1981; patented 6September 1994.

Patent 5,345,093: GRADED BANDGAPSEMICONDUCTOR DEVICE FORREAL-TIME IMAGING; filed 15 April1991; patented 6 September 1994.

Patent 5,345,825: MATERIALCHARACTERIZING SYSTEM; filed 8February 1991; patented 13September 1994.

Patent 5,346,745: ELASTIC MICRO-FABRICATED SURFACE LAYER FORREDUCING TURBULENCE ANDDRAG ON AN OBJECT WHILE ITMOVES THROUGH A FLUIDMEDIUM; filed 1 June 1993; patented13 September 1994.

Patent 5,346,852: LOW TEMPERATUREPROCESS FOR PRODUCINGINDIUM-CONTAININGSEMICONDUCTOR MATERIALS;filed 25 February 1993; patented 13September 1994.

Patent 5,347,281: FREQUENCY-CODEDMONOPULSE MTI; filed 23 July 1976;patented 13 September 1994.

Patent 5,347,496: METHOD ANDSYSTEM OF MAPPING ACOUSTICNEAR FIELD; filed 11 August 1993;patented 13 September 1994.

Patent 5,347,645: TIME CODEINTERFACE; filed 26 December 1991;patented 13 September 1994.

Patent 5,347,872:MAGNETOMECHANICAL SENSORATTACHMENT METHOD; filed 25August 1986; patented 20 September1994.

Patent 5,347,877: STORM WATERRUNOFF FIRST FLUSH SAMPLER;filed 21 September 1993; patented 20September 1994.

Patent 5,348,052: MULTI-LAYEREDTRANSLATED RIB-STIFFENEDCOMPOSITE HOLLOW CYLINDERASSEMBLY; filed 30 September 1994;patented 20 September 1994.

Patent 5,348,236: IMPELLERASSEMBLY FOR PROCESSINGDEVICE; filed 28 September 1993;patented 20 September 1994.

Patent 5,348,601: METHOD OFMAKING AN OFFSET CORRUGATEDSANDWICH CONSTRUCTION; filed23 June 1993; patented 20 September1994.

Patent 5,348,609: METHOD FORLASER-ASSISTED SILICONETCHING USING HALOCARBONAMBIENTS; filed 25 May 1993;patented 20 September 1994.

Patent 5,348,917: CERAMICS FORMEDBY PYROLYSIS OF EITHER LINEAROR THERMOSETTING CARBORANE(SILOXANE OR SILANE)ACETYLENE BASED PRECURSORPOLYMERS; filed 8 February 1993;patented 20 September 1994.

Patent 5,348,937: ALIGNED BISMUTH,STRONTIUM, CALCIUM CUPRATECOATINGS ON POLYCRYSTALLINESUBSTRATES; filed 21 December1993; patented 20 September 1994.

Patent 5,349,355: CREDENTIALTRACKING SYSTEM; filed 21 January1993; patented 20 September 1994.

Patent 5,349,437: ELECTROMAGNETICRADIATION DETECTOR UTILIZINGAN ELECTROMAGNETICRADIATION ABSORBING ELEMENTIN A MACH-ZEHNDERINTERFEROMETERARRANGEMENT; filed 30 September1992; patented 20 September 1994.

Patent 5,349,550: LONG SEQUENCECORRELATION COPROCESSOR;filed 27 June 1991; patented 20September 1994.

Patent 5,349,624: SOLID PARTICLECONTAMINANT DETECTION ANDANALYSIS SYSTEM; filed 21 May1993; patented 20 September 1994.

Patent 5,349,685: MULTIPURPOSE BUSINTERFACE UTILIZING DIGITALSIGNAL PROCESSOR; filed 5 May1992; patented 20 September 1994.

Patent 5,349,738: ATTACHMENTMETHODOLOGY FOR COMPOSITECYLINDER ASSEMBLY; filed 30


September 1993; patented 27September 1994.

Patent 5,349,916: SYSTEM FOREFFECTING UNDERWATERCOUPLING OF OPTICAL FIBERCABLES CHARACTERIZED BY ANOVEL POD-TO-VEHICLEINTERLOCK; filed 13 September1993; patented 27 September 1994.

Patent 5,349,986: VALVE MECHANISMFOR AN ACOUSTIC MODULATOR;filed 23 August 1993; patented 27September 1994.

Patent 5,350,308: ELASTOMERICELECTRICAL CONNECTOR; filed 16August 1993; patented 27 September1994.

Patent 5,350,828: SYNTHESIS ANDPOLYMERIZATION OFDITHIOETHER-LINKEDPHTHALONITRILE MONOMERS;filed 18 December 1992; patented 27September 1994.

Patent 5,351,057: DIRECTIVEOPTIMIZATION OF COHERENTSIDELOBE CANCELLER SYSTEMS;filed 25 November 1974; patented 27September 1994.

Patent 5,351,058: GENERAL PURPOSESIDELOBE CANCELLER SYSTEM;filed 26 February 1979; patented 27September 1994.

Patent 5,351,260: THORIATED-TUNGSTEN, SPLIT-RING HOLLOW-CATHODE ELECTRODE FORDISCHARGE DEVICES; filed 14March 1994; patented 27 September1994.

Patent 5,351,311: NEURAL NETWORKFOR DETECTION AND CORRECTIONOF LOCAL BOUNDARYMISALIGNMENTS BETWEENIMAGES; filed 28 July 1992; patented27 September 1994.

Patent Application 07/709,901:THERMOACOUSTIC SOUNDGENERATOR; filed 31 May 1991.

Patent Application 07/936,369: SELF-ORGANIZING NEURAL NETWORKFOR CLASSIFYING PATTERNSIGNATURES WITH A POSTERIORICONDITIONAL CLASSPROBABILITY; filed 29 August 1992.

Patent Application 08/020,939:LOCKING DEVICE FOR FLUIDCOUPLING; filed 19 February 1993.

Patent Application 08/046,255:DETECTION OF VIBRATIONALENERGY VIA OPTICALINTERFERENCE PATTERNS; filed 15April 1993.

Patent Application 08/049,777:SUBMARINE TRAINING SYSTEM;filed 21 April 1993.

Patent Application 08/094,663:APPARENT SIZE PASSIVE RANGEMETHOD; filed 15 July 1993.

Patent Application 08/106,746:AUTOMATIC REPEATER STATION

FOR SIGNAL TRANSMISSIONS; file16 August 1994.

Patent Application 08/107,431:ELASTOMERIC ELECTRICALCONNECTOR; filed 16 August 1993.

Patent Application 08/120,880:SYSTEM FOR EFFECTINGUNDERWATER COUPLING OFOPTICAL FIBER CABLESCHARACTERIZED BY A NOVELPOD-TO-VEHICLE INTERLOCK; filed13 September 1993.

Patent Application 08/140,388:ADHESION OF SILICON OXIDE TODIAMOND; filed 22 October 1993.

Patent Application 08/145,352:WAVEFRONT SIMULATOR FOREVALUATING RFCOMMUNICATION ARRAY SIGNALPROCESSORS; filed 23 October 1993.

Patent Application 08/147,271: FUZZYCONTROLLER FOR BEAM RIDERGUIDANCE; filed 5 November 1993.

Patent Application 08/153,453: SINGLEERROR CORRECTION AND ERRORSDETECTION SYSTEM; filed 5November 1993.

Patent Application 08/168,787:ALUMINUM-FERRICYANIDEBATTERY; filed 29 November 1993.

Patent Application 08/168,788:ALUMINUM PERMANGANATEBATTERY; filed 30 November 1993.

Patent Application 08/168,789:IMPROVED DUAL FLOWALUMINUM HYDROGEN PEROXIDEBATTERY; filed 30 November 1993.

Patent Application 08/169,923:CROSSPOINT ANALOG DATASELECTOR; filed 8 December 1993.

Patent Application 08/172,795: LIQUIDMETAL CONFINEMENT CYLINDERFOR OPTICAL DISCHARGEDEVICES; filed 27 December 1993.

Patent Application 08/176,373: SMARTMATERIAL JOINT BAND; filed 30December 1993.

Patent Application 08/179,013:CERAMIC COMPOSITES WITHCERAMIC FIBERS; filed 7 January1994.

Patent Application 08/183,411:SEGMENTED FLOW-THROUGHPISTON FOR USE IN A TORPEDOLAUNCHING SYSTEM; filed 14January 1994.

Patent Application 08/186,075: SPACE-BASED ASTEROID DETECTION ANDMONITORING SYSTEM; filed 25January 1994.

Patent Application 08/196,074: ULTRAHIGH RATE ALL OPTICALCOMMUNICATION SYSTEM; filed25 January 1994.

Patent Application 08/199,927:METHOD OF INSTALLING AMETALLIC THREADED INSERT IN ACOMPOSITE/RUBBER PANEL; filed22 February 1994.

Patent Application 08/201,963: COLDFIELD EMITTERS WITH THICKFOCUSING GRIDS; filed 25 February1994.

Patent Application 08/209,285: SONARAND CALIBRATION UTILIZINGNON-LINEAR ACOUSTICRERADIATION; filed 14 March 1994.

Patent Application 08/215,795:ELASTOMERIC SHUTTERMECHANISM; filed 22 March 1994.

Patent Application 08/216,567:SYSTEM FOR BROADCASTINGMARKER BEACON SIGNALS ANDPROCESSING RESPONSES FROMSEEKING ENTITIES; filed 23 March1994.

Patent Application 08/216,559:MARKER BEACON CASE; filed 23March 1994.

Patent Application 08/216,560:GROUND UNIT FOR THEDETECTION, IDENTIFICATION, ANDDIRECTION DETERMINATION OF AMARKER BEACON; filed 23 March1994.

Patent Application 08/216,561:LAUNCHER TUBE DEPLOYEDMARKER BEACON INCLUDINGSETTLEMENT ATOP FOLIAGEFEATURE; filed 23 March 1994.

Patent Application 08/216,568:AIRBORNE SYSTEM FOROPERATION IN CONJUNCTIONWITH A MARKER BEACON; filed 23March 1994.

Patent Application 08/216,569: FLARE-ANTENNA UNIT FOR SYSTEM INWHICH FLARE IS REMOTELYACTIVATED BY RADIO; filed 23March 1994.

Patent Application 08/216,862: GAS-PROPELLED LINE DEPLOYMENTSYSTEM; filed 23 March 1994.

Patent Application 08/219,188:REFRACTIVE INDEX-BASEDSENSOR FOR THEDISCRIMINATION OFCHLORINATED HYDROCARBONSFROM GROUNDWATER; filed 28March 1994.

Patent Application 08/219,318:DOUBLE NETWORK ELASTOMERSAND METHOD OF MAKING SAME;Filed 29 March 1994.

Patent Application 08/220,718: PHASESHIFTER FOR DIRECTLY SAMPLEDBANDPASS SIGNALS; filed 31 March1994.

Patent Application 08/220,855: ACTIVEFIBER CAVITY STRAIN SENSORWITH TEMPERATUREINDEPENDENCE; filed 31 March1994.

Patent Application 08/221,330:SEMICONDUCTORPHOTODETECTOR DEVICE; filed 31March 1994.


Patent Application 08/223,350:PROCESS OF MAKING A BISTABLEPHOTOCONDUCTIVE COMPONENT;filed 5 April 1994.

Patent Application 08/226,586:METHOD FOR INTRINSICALLYDOPED III-A AND V-A COMPOUNDSAND PRODUCTS THEREOF; filed 12April 1994.

Patent Application 08/230,459:CENTER-FED MULTIFILAR HELIXANTENNA; filed 19 May 1994.

Patent Application 08/230,460:OPTICAL MOTION SENSOR FOR ANUNDERWATER OBJECT; filed 20April 1994.

Patent Application 08/231,537:METHOD FOR EVALUATINGPERIDONTAL DISEASE; filed 21April 1994.

Patent Application 08/224,034:SURFACE MODIFICATION OFPOLYMERS WITH SELF-ASSEMBLED MONOLAYERS THATPROMOTE ADHESION,OUTGROWTH ANDDIFFERENTIATION OF BIOLOGICALCELLS; filed 28 April 1994.

Patent Application 08/235,842:POLARIZATION INSENSITIVECURRENT AND MAGNETIC FIELDOPTIC SENSOR; filed 29 April 1994.

Patent Application 08/235,844: DIODE-PUMPED, CONTINUOUSLYTUNABLE, 2.3 MICRON CW LASERSPECIFICATION; filed 21 April 1994.

Patent Application 08/236,858: IN-LINEROTATIONAL POSITIONINGMODULE FOR TOWED ARRAYPARAVANES; filed 2 May 1994.

Patent Application 08/237,568:APPARATUS AND METHOD FORIONOSPHERIC MAPPING; filed 3May 1994.

Patent Application 08/239,068:OPTICAL LIMITER STRUCTUREAND METHOD; filed 6 May 1994.

Patent Application 08/243,028:FABRICATION PROCESS FORCOMPLEX COMPOSITE PARTS; filed5 May 1994.

Patent Application 08/245,284:SIMULTANEOUS DETERMINATIONOF INCOMING MICROWAVEFREQUENCY AND ANGLE-OF-ARRIVAL; filed 4 May 1994.

Patent Application 08/246,206: BAF2/GAAS ELECTRONIC COMPONENTS;filed 19 May 1994.

Patent Application 08/246,209:PROCESS FOR FORMINGEPITAXIAL BAF2 ON GAAS; filed 19May 1994.

Patent Application 08/246,901:METHOD OF DISPLAYING TIMESERIES DATA ON FINITERESOLUTION DISPLAY DEVICE;filed 19 May 1994.

Patent Application 08/2266,402: NON-EXPLOSIVE TARGET DIRECTED

REENTRY PROJECTILE; filed 27 June1994.

Patent Application 08/266,812:ORTHOGONAL LINE DEPLOYMENTDEVICE; filed 17 June 1994.

Patent Application 08/267,696:SYNCHRONIZATION OFNONAUTONOMOUS CHAOTICSYSTEMS; filed 29 June 1994.

Patent Application 08/267,697:INFRARED-TO-VISIBLECONVERTER; filed 29 June 1994.

Patent Application 08/268,341:DIFFUSION WELD TEST FIXTURE;filed 9 June 1994.

Patent Application 08/269,316:ATTACHMENT DEVICE FORTETHERED TRANSDUCER; filed 30June 1994.

Patent Application 08/269,322:APPARATUS FOR THE STORAGEOF CYLINDRICAL OBJECTS; filed 30June 1994.

Patent Application 08/269,430:UNDERWATER VEHICLE RECOVERYSYSTEM; filed 30 June 1994.

Patent Application 08/273,438: MULTI-PROPELLER DRIVE SYSTEM; filed 5July 1994.

Patent Application 08/255,581: EPOXYPIPELINING COMPOSITION ANDMETHOD OF MANUFACTURE; filed14 December 1994.Dated: January 19, 1995.

L.R. McNees,LCDR, JAGC, USN, Federal Register LiaisonOfficer.[FR Doc. 95–1892 Filed 1–24–95; 8:45 am]BILLING CODE 3810–AE–M

DEPARTMENT OF EDUCATION

Notice of Proposed InformationCollection Request

AGENCY: Department of Education.ACTION: Notice of proposed informationcollection request.

SUMMARY: The Director, InformationResources Group, invites comments onthe proposed information collectionrequest as required by the PaperworkReduction Act of 1980.DATES: An emergency review has beenrequested in accordance with the Act,since allowing for the normal reviewperiod would adversely affect the publicinterest. Approval by the Office ofManagement and Budget (OMB) hasbeen requested by January 19, 1995.ADDRESSES: Written comments shouldbe addressed to the Office ofInformation and Regulatory Affairs,Attention: Dan Chenok, Desk Officer:Department of Education, Office ofManagement and Budget, 726 Jackson

Place, NW., Room 3208, New ExecutiveOffice Building, Washington, DC 20503.Requests for copies of the proposedinformation collection request should beaddressed to Patrick J. Sherrill,Department of Education, 7th & DStreets, SW., Room 5624, RegionalOffice Building 3, Washington, DC20202–4651.FOR FURTHER INFORMATION CONTACT:Patrick J. Sherrill (202) 708–9915.Individuals who use atelecommunications device for the deaf(TDD) may call the Federal InformationRelay Service (FIRS) at 1–800–877–8339between 8 a.m. and 8 p.m., Eastern time,Monday through Friday.SUPPLEMENTARY INFORMATION: Section3517 of the Paperwork Reducation Actof 1980 (44 U.S.C. Chapter 3517)requires that the Director of OMBprovide interested Federal agencies andpersons an early opportunity tocomment on information collectionrequests. OMB may amend or waive therequirement for public consultation tothe extent that public participation inthe approval process would defeat thepurpose of the information collection,violate State of Federal law, orsubstantially interfere with any agency’sability to perform its statutoryobligations. The Director, InformationResources Group, publishes this noticewith attached proposed informationcollection requests prior to submissionto OMB. For each proposed informationcollection request, groups by office, thisnotice contains the followinginformation: (1) Type of reviewrequested, e.g., new, revision, extension,existing, or reinstatement; (2) Title; (3)Frequency of collection; (4) The affectedpublic; (5) Reporting and/orRecordkeeping burden; and (6) Abstract.Because an emergency review isrequested, the additional information tobe requested in this collection isincluded in the section on ‘‘AdditionalInformation’’ in this notice.

Dated: January 19, 1995.Gloria Parker,Director, Information Resources Group.

Office of Elementary and SecondaryEducationType of Review: EmergencyTitle: Education Flexibility Partnership

Demonstration ProgramAbstract: The Education Flexibility

Partnership Demonstration Program isan education flexibility programunder which the Secretary may grantup to six State Educational agencies(SEAs) the authority to waive certainFederal statutory or regulatoryrequirements for the SEA, or for anylocal educational agency (LEA) or


school within the State. TheDepartment will use the informationto determine which applicants shouldbe designated as ‘‘ED-Flex PartnershipStates,’’ thus receiving delegatedauthority to grant waivers of certainfederal statutory and regulatoryrequirements.

Additional Information: An emergencyreview for this collection is requestedfor OMB approval by January 19,1995, to assure that states will havesufficient notice of the applicationrequirements and selection criteria.We expect to make awards during thespring of 1995 to facilitate State andlocal reform efforts.

Frequency: One timeAffected Public: State or local

governmentsReporting Burden: Responses: 57Burden Hours: 4,560Recordkeeping Burden: Recordkeepers:

3Burden Hours: 240[FR Doc. 95–1775 Filed 1–24–95; 8:45 am]BILLING CODE 4000–1–M

DEPARTMENT OF ENERGY

Notice of Floodplain Statement ofFindings for Operable Unit 1 RemedialAction at the Fernald EnvironmentalManagement Project

AGENCY: Department of Energy (DOE),Fernald Area OfficeACTION: Notice of Floodplain Statementof Findings.

SUMMARY: This is to give notice of DOE’splanned actions for the FernaldEnvironmental Management Project(FEMP), located approximately 18 miles(29 kilometers) northwest of Cincinnati,Ohio. The subject of this Notice ofFloodplain Statement of Findings isOperable Unit 1 Remedial Action.Operable Unit 1 is comprised of eightsub-units or areas: Wastes Pits 1, 2, 3,4, 5 and 6, the Burn Pit and theClearwell. DOE proposes to protecthuman health and the environment byremoving Operable Unit 1 waste pitcontents, contaminated soils andliquids, treating the waste throughdrying, and disposing the waste off-property at a commercial disposalfacility. Some of these activities takeplace in a floodplain located inHamilton County, Ohio. As a part of theOperable Unit 1 Feasibility Study, DOEprepared a floodplain and wetlandsassessment describing the effects,alternatives, and measures designed toavoid or minimize potential harm to orwithin the affected floodplain. Theassessment found that the proposed

action would have minimal temporaryor long-term impacts on the floodplain.DATES: Written comments must bereceived by the DOE at the followingaddress on or before February 9, 1995.ADDRESSES: For further information onthis proposed action (including locationmaps) contact: Mr. Wally Quaider,Acting Associate Director, Office ofSafety & Assessment, DOE Fernald AreaOffice, P.O. Box 538705, Cincinnati,Ohio 45253–8705, Phone: (513) 648–3137, Facsimile: (513) 648–3077.FOR FURTHER INFORMATION CONTACT: Forfurther information on general DOEFloodplain/Wetlands environmentalreview requirements, contact: Ms. CarolM. Borgstrom, Office of NEPAOversight, EH–25, U.S. Department ofEnergy, 1000 Independence Avenue,SW, Washington, D.C. 20585, Phone:(202) 586–4600 or 1–800–472–2756.SUPPLEMENTARY INFORMATION: This is aFloodplain Statement of Findings forthe Operable Unit 1 Remedial Actionprepared in accordance with ExecutiveOrder 11988 and 10 CFR Part 1022. ANotice of Floodplain/WetlandInvolvement was published in theFederal Register (FR) on October 18,1994 (59 FR 52525) and a floodplainand wetlands assessment wasincorporated in the Operable Unit 1Feasibility Study. DOE is proposing toremove waste pit contents, caps andliners, treat the waste by thermal drying,and dispose of the waste at an off-sitepermitted commercial disposal facility.The proposed action would result inexcavation and grading activities withinthe 100- and 500-year floodplain ofPaddys Run, due to the close proximityof the waste pits to the floodplain.Alternatives to the proposed action areno-action, on-site disposal (treatmentthrough vitrification), on-site disposal(treatment through cementsolidification), and off-site disposal tothe Nevada Test Site.

The temporary and long-term impactson the floodplain would be minimal.The Operable Unit 1 remedial activitieswould have temporary impacts on thefloodplain in the short-term due tograding. In addition, a stone-lineddrainage ditch would be constructed aspart of grading activities in the waste pitarea to promote positive drainage. Thedrainage ditch would only result inminor flow increases during rain eventsand would not result in significantchanges in the flood elevations ofPaddys Run.

DOE has determined that there is nopracticable alternative to the proposedremedial action and that this action hasbeen designed to minimize harm to the100- and 500-year floodplain of Paddys

Run. Engineering controls (e.g.,expeditious backfilling, silt fences,straw bales) will minimize indirectimpacts such as runoff and sedimentdeposition to the floodplain. Inaddition, all physically disturbed areasof the floodplain will be regraded tonear original contours, resulting in nochange to flood elevations. Over thelong-term, a positive impact on thefloodplain would occur due to anincrease in the floodplain area adjacentto the remediated waste pits, thusminimizing the magnitude ofdownstream flood events. Furthermore,the elimination of contaminated sourceterm material currently located in thefloodplain of Paddys Run would have apositive indirect effect. The proposedaction does conform to applicable Stateand local floodplain protectionstandards. Before this action begins,approval would be obtained from Stateand Federal agencies havingjurisdiction.

Issued in Miamisburg, Ohio on January 18,1995.George R. Gartrell,Acting Manager, Ohio Field Office.[FR Doc. 95–1870 Filed 1–24–95; 8:45 am]BILLING CODE 6450–01–P

Notice of Floodplain Statement ofFindings for Operable Unit 2 RemedialAction at the Fernald EnvironmentalManagement Project

AGENCY: Department of Energy (DOE),Fernald Area Office.ACTION: Notice of Floodplain Statementof Findings.

SUMMARY: This is to give notice of DOE’splanned actions for the FernaldEnvironmental Management Project(FEMP), located approximately 18 miles(29 kilometers) northwest of Cincinnati,Ohio. The subject of this Notice ofFloodplain Statement of Findings isOperable Unit 2 Remedial Action.Operable Unit 2 is comprised of fivesub-units or areas: the Solid WasteLandfill, Lime Sludge Ponds, InactiveFlyash Pile, South Field and the ActiveFlyash Pile. DOE proposes to protecthuman health and the environment byexcavating waste exceeding PreliminaryRemediation Levels (PRLs) notprotective of the expanded trespasserand disposing of the waste in an on-property disposal facility (Note: Wastethat does not meet waste acceptancecriteria [an estimated 1%] for thedisposal facility would be disposed ofoff-site). Excavation and constructionactivities associated withimplementation of this alternativewould involve a small portion of the


floodplain along Paddys Run in Fernald,Ohio. As a part of the Operable Unit 2Feasibility Study/Proposed Plan, DOEprepared a floodplain/wetlandsassessment describing the effects,alternatives, and measures designed toavoid or minimize potential harm to orwithin the affected floodplain. Theassessment found that the proposedaction would have minimal temporaryor long-term impacts on the floodplain.DATES: Written comments must bereceived by the DOE at the followingaddress on or before February 9, 1995.ADDRESSES: For further information onthis proposed action (including locationmap), contact: Mr. Wally Quaider,Acting Associate Director, Office ofSafety & Assessment, U.S. Departmentof Energy, Fernald Area Office, P.O. Box538705 Cincinnati, Ohio 45253–8705,Phone: (513) 648–3137, Facsimile: (513)648–3077.FOR FURTHER INFORMATION CONTACT: Forfurther information on general DOEFlooplain/Wetlands environmentalreview requirements, contact: Ms. CarolBorgstrom, Director, Office of NEPAOversight, EH–25, U.S. Department ofEnergy, 1000 Independence Avenue,SW, Washington, D.C. 20585, Phone:(202) 586–4600 or 1–800–472–2756.SUPPLEMENTARY INFORMATION: ThisFloodplain Statement of Findings forthe Operable Unit 2 Remedial Action atthe FEMP has been prepared inaccordance with Executive Order 11988and 10 CFR Part 1022. A Notice ofFloodplain/Wetlands Involvement waspublished in the Federal Register (FR)on January 4, 1995 (60 FR 446) and afloodplain/wetlands assessment wasincorporated in the Operable Unit 2Feasibility Study/Proposed Plan (FS/PP). DOE is proposing to protect humanhealth and the environment bycontrolling continuous migration ofcontaminants from the five waste areaswithin Operable Unit 2: the Solid WasteLandfill, Lime Sludge Ponds, InactiveFlyash Pile, South Field, and ActiveFlyash Pile. In order to eliminate thethreat of a release to Paddys Run,limited excavation would occur in thefloodplain. Direct physical impact to thefloodplain would result from theexcavation of contaminated sedimentsand lead bullets and fragments, theconstruction of a temporary haul road,and heavy equipment operating withinthe floodplain. Potential indirectimpacts to the 100- and 500-yearfloodplain as a result of the remedialactivities involving the Inactive FlyashPile, South Field, and Active Flyash Pileinclude surface water runoff andsedimentation loading into thefloodplain. Several alternatives were

considered and evaluated in making thisdetermination, including: no action,consolidation/containment, excavationand off-site disposal, and excavationand on-property disposal with off-sitedisposal of waste exceeding wasteacceptance criteria (i.e., the preferredalternative). Direct and indirect impactswould occur during the implementationof any action alternative considered.However, no change in flood elevationswould be expected because disturbedareas would be backfilled and regraded.

DOE has determined that there is nopracticable alternative to the proposedremedial action and that this action hasbeen designed to minimize harm to the100- and 500-year floodplain of PaddysRun. Engineering controls (e.g.,expeditious backfilling, silt fences,straw bales) will minimize indirectimpacts such as runoff and sedimentdeposition to the floodplain. Inaddition, all physically disturbed areasof the floodplain will be regraded tonear original contours, resulting in nochange to flood elevations. Theproposed remedial action has beendesigned to conform to applicable Stateand local floodplain protectionstandards. Before this action begins,approval would be obtained from Stateand Federal agencies havingjurisdiction.

Issued in Miamisburg, Ohio on January 18,1995.George R. Gartrell,Acting Manager, Ohio Field Office.[FR Doc. 95–1871 Filed 1–24–95; 8:45 am]BILLING CODE 6450–01–P

Environmental Management SiteSpecific Advisory Board, the FernaldCitizens Task Force

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), the Fernald CitizensTask Force.DATES: Saturday, February 18, 1995:8:30 a.m.–12:30 p.m. (public commentsession, 11:45 a.m.–12:00 p.m.)ADDRESSES: The February 18 meetingwill be held at: The Joint InformationCenter, 6025 Dixie Highway, Route 4,Fairfield, Ohio.FOR FURTHER INFORMATION CONTACT: JohnS. Applegate, Chair of the FernaldCitizens Task Force, P.O. Box 544, Ross,Ohio 45061, or call the Fernald Citizens

Task Force message line (513) 648–6478.SUPPLEMENTARY INFORMATION:

Purpose of the Board: The purpose ofthe Board is to make recommendationsto DOE and its regulators in the areas offuture use, cleanup levels, wastedisposition and cleanup priorities at theFernald site.

Tentative Agenda

Saturday, February 18, 19958:30 a.m.—Task Force Administration8:50 a.m.—Review of New

Information, Results of January 25,1995 Public Workshop

9:45 a.m.—Break10:00 a.m.—Discussion and Draft

Resolutions11:45 p.m.—Public Comment12:00 p.m.—Vote on Resolutions12:15 p.m.—Wrap Up12:30 p.m.—AdjournA final agenda will be available at the

meeting, Saturday, February 18, 1995.Public Participation: The meeting is

open to the public. Written statementsmay be filed with the Task Force chaireither before or after the meeting.Individuals who wish to make oralstatements pertaining to agenda itemsshould contact the Task Force chair atthe address or telephone number listedabove. Requests must be received 5 daysprior to the meeting and reasonableprovision will be made to include thepresentation in the agenda. TheDesignated Federal Official, KennethMorgan, Public Affairs Officer, OhioField Office, U.S. Department of Energy,is empowered to conduct the meeting ina fashion that will facilitate the orderlyconduct of business. Each individualwishing to make public comment willbe provided a maximum of 5 minutes topresent their comments.

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 4:00 p.m., Monday-Friday,except Federal holidays. Minutes willalso be available by writing to John S.Applegate, Chair, the Fernald CitizensTask Force, P.O. Box 544, Ross, Ohio45061 or by calling the Task Forcemessage line at (513) 648–6478.

Issued at Washington, DC on January 20,1995.Rachel Murphy Samuel,Acting Deputy Advisory CommitteeManagement Officer.[FR Doc. 95–1872 Filed 1–24–95; 8:45 am]BILLING CODE 6450–01–P


Environmental Management SiteSpecific Advisory Board, Nevada TestSite


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), Nevada Test Site.DATES: Wednesday, February 1, 1995:5:30 p.m.–10:00 p.m.ADDRESSES: Holiday Inn Crowne Plaza,4255 South Paradise Road, Las Vegas,Nevada.FOR FURTHER INFORMATION CONTACT: DonBeck, Public Participation ProgramManager, Office of PublicAccountability, EM–5, 1000Independence Avenue, SW Washington,DC 20585, (202) 586–7633.SUPPLEMENTARY INFORMATION:

Purpose of the Committee. The EMSSAB provides input andrecommendations to the Department ofEnergy on Environmental Managementstrategic decisions that impact futureuse, risk management, economicdevelopment, and budget prioritizationactivities.

Tentative Agenda

Wednesday, February 1, 19955:30 p.m.

Call to OrderReview AgendaMinutes AcceptanceFinancial ReportCorrespondenceReports from Committees, Delegates

and RepresentativesUnfinished BusinessNew BusinessEvaluation of Board and

Environmental Restoration andWaste Management Programs

Announcements10:00 p.m.

AdjournmentIf needed, time will be allotted after

public comments for old business, newbusiness, items added to the agenda,and administrative details.

A final agenda will be available at themeeting Wednesday, February 1, 1995.

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 Don Beck’s office at the addressor telephone number listed above.Requests must be received 5 days prior

to 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. Eachindividual wishing to make publiccomment will be provided a maximumof 5 minutes to present their comments.Due to programmatic issues that had tobe resolved, the Federal Register noticeis being published less than fifteen daysbefore the date of the meeting.

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.

Issued at Washington, DC on January 20,1995.Rachel Murphy Samuel,Acting Deputy Advisory CommitteeManagement Officer.[FR Doc. 95–1873 Filed 1–24–95; 8:45 am]BILLING CODE 6450–01–P

Environmental Management SiteSpecific Advisory Board, IdahoNational Engineering Laboratory


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), Idaho NationalEngineering Laboratory.DATES: Tuesday, February 7, 1995 from8:00 a.m. Mountain Standard Time(MST) until 6:00 pm MST andWednesday, February 8, 1995 from 7:30a.m. MST until 5:00 p.m. MST. Therewill be a public comment availabilitysession Tuesday, February 7, 1995 from5:00 to 6:00 p.m. MST.

The public is invited to a specialpresentation from the Board to thepublic and visitors regarding Boardactivities on Wednesday, February 8,1995 from 2:00 to 5:00 p.m.

Media availability to the Board will beheld Tuesday, February 7, 1995 from4:30 to 5:00 p.m.ADDRESSES: Red Lion Inn Downtowner,Selway Room, 1800 Fairview, Boise, ID83702, (208) 344–7691.FOR FURTHER INFORMATION CONTACT:Idaho National Engineering LaboratoryInformation 1–800–708–2680 or Marsha

Hardy, Jason Associates CorporationStaff.SUPPLEMENTARY INFORMATION:

Purpose of the Committee. The Boardwill initiate study about future land useissues at the Idaho National EngineeringLaboratory. The Board will also discussspent nuclear fuel issues and initiate it’sstudy of risk management theory. Aspecial presentation by the Board toinvited guests and presentations byofficials describing the State of Idaho’sperception of the Idaho NationalEngineering Laboratory will be held.

Tentative Agenda

February 7, 19957:30 a.m.—Sign-in and Registration8:00 a.m.—Miscellaneous Business:

Agenda Review/Revision/Acceptance

Old Business

DDFO Report

Chair Report

Committee Reports

Standing Committee Reports

Public CommunicationsBudgetAmendmentMember SelectionTraining

Member Reports

Linda Milam, ANS Presentation9:45 a.m.—Break10:00 a.m.—INEL Future Land Use

presentation and discussion12:00 p.m.—Lunch1:00 p.m.—Spent Fuel—DOE-Wide

Spent Nuclear Fuel Strategic Plan2:30 p.m.—Action plan—Distribution,

confirmation, development ofagenda for March meeting

3:00 p.m.—Break3:15 p.m.—Working session (agency

requests)5:00 p.m.—Public Comment

Availability6:00 p.m.—Adjourn

Wednesday, February 8, 19957:30 a.m.—Sign-In and Registration8:00 a.m.—Miscellaneous Business

Day Two Agenda review, revision,acceptance

Public Comment from Day 1Old Business from Day 1

8:30 a.m.—3161 Plan Review andBoard Comments

10:30 a.m.—Break10:45 a.m.—BWID Risk Management

Film Develop risk-associatedquestions for Board follow-up

11:45 a.m.—Risk Training12:45 p.m.—Lunch2:00 p.m.—Public Open House

Note: Media Availability (time to bedetermined)


5:00 p.m.—AdjournA final agenda will be available at the

meeting.Public Comment Availability. The

two-day meeting is open to the public,with a Public Comment Availabilitysession scheduled for Tuesday,February 7, 1995 from 5:00 p.m. to 6:00p.m. MST. The Board will be availableduring this time period to hear verbalpublic comments or to review anywritten public comments. If there are nomembers of the public wishing tocomment or no written comments toreview, the board will continue with it’scurrent discussion. Written statementsmay be filed with the Committee eitherbefore or after the meeting. Individualswho wish to make oral statementspertaining to agenda items shouldcontact the Idaho National EngineeringLaboratory Information line or MarshaHardy, Jason Associates, at theaddresses or telephone numbers listedabove. Requests must be received 5 daysprior to the meeting and reasonableprovision will be made to include thepresentation in the agenda. TheDesignated Federal Official isempowered to conduct the meeting in afashion that will facilitate the orderlyconduct of business. Each individualwishing to make public comment willbe provided a maximum of 5 minutes topresent their comments. This notice isbeing published less than 15 days beforethe date of the meeting due toprogrammatic issues that had to beresolved prior to publication.

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.

Issued at Washington, DC on January 20,1995.Rachel Murphy Samuel,Acting Deputy Advisory, CommitteeManagement Officer.[FR Doc. 95–1874 Filed 1–24–95; 8:45 am]BILLING CODE 6450–01–P

Office of Energy Efficiency andRenewable Energy

Advisory Committee on theDemonstration and CommercialApplication of Renewable Energy andEnergy Efficiency; MeetingCancellation Notice

An open meeting of the AdvisoryCommittee on the Demonstration andCommercial Application of RenewableEnergy and Energy Efficiency which

was scheduled to be held on Thursday,January 26, 1995, at 7:00 PM, theMarriott Crystal Gateway Hotel, 1700Jefferson Davis Highway, Arlington, VA,has been canceled. This meeting wasannounced in the Federal Register, onMonday, January 23, 1995. (60 FR 4410.)

Issued at Washington, D.C. on January 23,1995.Rachel Murphy Samuel,Acting Deputy Advisory CommitteeManagement Officer.[FR Doc. 95–1987 Filed 1–23–95; 2:28 pm]BILLING CODE 6450–01–P

Federal Energy RegulatoryCommission

[Docket No. ER95–393–000, et al.]

CLP Hartford Sales, L.L.C., et al.Electric Rate and Corporate RegulationFilings

January 17, 1995.Take notice that the following filings

have been made with the Commission:

1. CLP Hartford Sales, L.L.C.

[Docket No. ER95–393–000]Take notice that on January 6, 1995,

CLP Hartford Sales, L.L.C., tendered forfiling its initial FERC electric servicetariff, Rate Schedule No. 1, and apetition for blanket approvals andwaivers of various Commissionregulations under the Federal PowerAct.

Comment date: January 31, 1995, inaccordance with Standard Paragraph Eat the end of this notice.

2. American Electric Power ServiceCorporation


the American Electric Power ServiceCorporation (AEPSC), tendered forfiling, as initial Rate Schedules, twoagreements, dated November 1, 1994,between AEPSC, as agent for the AEPSystem Operating Companies, and (1)Electric Clearinghouse, Inc., and (2)Heartland Energy Services (collectivelyMarketers).

The Agreements provide theMarketers access to the AEP System forshort-term transmission services. Theparties request an effective date ofJanuary 1, 1995.

A copy of the filing was served uponthe Public Utility Commissions of Ohio,Indiana, Michigan, Virginia, WestVirginia, Kentucky, Tennessee, and eachof the Marketers.


3. The Montana Power Company


The Montana Power Company(Montana), tendered for filing a revisedAppendix 1 as required by Exhibit C forretail sales in accordance with theprovisions of the Residential Purchaseand Sale Agreement (Agreement)between Montana and the BonnevillePower Administration (BPA).

The Agreement was entered intopursuant to the Pacific NorthwestElectric Power Planning andConservation Act, Public Law 96–501.The Agreement provides for theexchange of electric power betweenMontana and BPA for the benefit ofMontana’s residential and farmcustomers.

A copy of the filing has been servedupon BPA.


4. San Diego Gas & Electric Company


San Diego Gas & Electric Company(SDG&E), tendered for filing andacceptance, pursuant to 18 CFR 35.12,an Interchange Agreement (Agreement)between SDG&E and the City of Colton,(Colton).

SDG&E requests that the Commissionallow the Agreement to become effectiveon the 15th day of March, 1995 or at theearliest possible date.

Copies of this filing were served uponthe Public Utilities Commission of theState of California and Colton.


5. The Washington Water PowerCompany


The Washington Water Power Company(WWP), tendered for filing with theFederal Energy Regulatory Commissionpursuant to 18 CFR 35.12, an Agreementfor Purchase and Sale of summercapacity and associated energy betweenthe Washington Water Power Companyand Modesto Irrigation District.




San Diego Gas & Electric Company(SDG&E), tendered for filing andacceptance, pursuant to 18 CFR 35.12,


an Interchange Agreement (Agreement)between SDG&E and the City of Azusa,(Azusa).

SDG&E requests that the Commissionallow the Agreement to become effectiveon the 15th day of March, 1995, or at theearliest possible date.

Copies of this filing were served uponthe Public Utilities Commission of theState of California and Azusa.




The Washington Water Power Company(WWP), tendered for filing with theFederal Energy Regulatory Commissionpursuant to 18 CFR 35.13, a newunsigned Service Agreement for ElectricTariff No. 4.




The Washington Water Power Company(WWP), tendered for filing with theFederal Energy Regulatory Commissionpursuant 18 CFR 35.15, a Notice ofTermination of Rate Schedule (FERCNo. 61), the Firm Wholesale EnergyAgreement, Appendix E effective dateJanuary 1, 1994 and Rate Schedule(FERC No. 181), Transmission ServiceAgreement effective date January 27,1993 between The Washington WaterPower Company (WWP) and PacifiCorp.WWP states that WWP and PacifiCorpare the only parties to the aboveagreements. Termination of theseagreements is the result of WWP’spurchase of PacifiCorp’s Bonner County,Idaho electric system.


9. Northern States Power Company(Minnesota Company)


Northern States Power Company(Minnesota) (NSP), tendered for filingan amended Service Schedule E to theMunicipal Interconnection andInterchange Agreement between NSPand the City of Kasson (City). ServiceSchedule E provides for distributionfacilities services for the City, and theamended Service Schedule E modifiesthe monthly facilities charge to be paidby the City.

NSP requests that the Commissionalternatively disclaim jurisdiction oraccept the amended Service Schedule Eof the Municipal Interconnection andInterchange Agreement effective March20, 1995.


10. Northern States Power Company(Minnesota Company)

[Docket No. ER95–402–000]

Take notice that on January 9, 1995,Northern States Power Company(Minnesota) (NSP), tendered for filingan amended Service Schedule E to theMunicipal Interconnection andInterchange Agreement between NSPand the City of Kasota (City). ServiceSchedule E provides for distributionfacilities services for the City, and theamended Service Schedule E modifiesthe monthly facilities charge to be paidby the City.

NSP requests that the Commissionalternatively disclaim jurisdiction oraccept the amended Service Schedule Eof the Municipal Interconnection andInterchange Agreement effective March20, 1995.


Standard Paragraphs

E. Any person desiring to be heard orto protest said filing should file amotion to intervene or protest with theFederal Energy Regulatory Commission,825 North Capitol Street, N.E.,Washington, D.C. 20426, in accordancewith Rules 211 and 214 of theCommission’s Rules of Practice andProcedure (18 CFR 385.211 and 18 CFR385.214). All such motions or protestsshould be filed on or before thecomment date. Protests will beconsidered by the Commission indetermining the appropriate action to betaken, but will not serve to makeprotestants parties to the proceeding.Any person wishing to become a partymust file a motion to intervene. Copiesof this filing are on file with theCommission and are available for publicinspection.Lois D. Cashell,Secretary.[FR Doc. 95–1830 Filed 1–24–95; 8:45 am]


[Docket No. EG95–27–000, et al.]

Renewable Energy Ireland Limited, etal.; Electric Rate and CorporateRegulation Filings

January 18, 1995.Take notice that the following filings

have been made with the Commission:

1. Renewable Energy Ireland Limited

[Docket No. EG95–27–000]On January 11, 1995, Renewable

Energy Ireland Limited (‘‘REI’’) filedwith the Federal Energy RegulatoryCommission an application fordetermination of exempt wholesalegenerator status pursuant to Part 365 ofthe Commission’s regulations. REI isengaged directly and exclusively in thebusiness of owning and operating a 6.45MW wind farm, which is an eligiblefacility, located at Bellacorick in CountyMayo, Ireland and selling electricenergy at wholesale in Ireland.

Comment date: February 3, 1995, inaccordance with Standard Paragraph Eat the end of this notice. TheCommission will limit its considerationof comments to those that concern theadequacy or accuracy of the application.

2. Noram Energy Services, Inc.


Noram Energy Services, Inc. tenderedfor filing a Notice of Succession inOwnership or Operation in the above-referenced docket.

Comment date: February 1, 1995, inaccordance with Standard Paragraph Eat the end of this notice.

3. Baltimore Gas and Electric Company

[Docket No. ER95–185–000]Take notice that Baltimore Gas and

Electric Company (BGE), on January 4,1995, tendered for filing an amendmentto its November 14, 1994, filing of theShort-Term Energy TransactionsAgreement between Delmarva Power &Light Company and BGE in the above-captioned docket. The amendmentmodifies Section II.C of the Agreementto reflect hourly, daily, weekly, andmonthly and Maximum ReservationCharges.

BGE has requested waiver of theCommission’s notice requirements toallow for an effective date of November18, 1994, as originally requested.


4. New England Power Company

[Docket No. ER95–253–000]Take notice that New England Power

Company on December 22, 1994,


tendered for filing a correction to atypographical error in its filing letter inthis docket.


5. Southern Indiana Gas and ElectricCompany


Take notice that Southern Indiana Gasand Electric Company (SIGECO) onDecember 30, 1994, tendered for filingSupplement No. 10 to Electric PowerAgreement with Alcoa GeneratingCorporation (AGC), dated May 21, 1971(Alcoa Generating Corporation, FERCRate Schedule No. 2) (Southern IndianaGas and Electric Company, FERC RateSchedule No. 29), and modified by theFourth, Fifth, Sixth, Eighth, and NinthSupplements. The Tenth Supplementproposes to replace Article II, Section2.6 of the said agreement with a newsection 2.6 which provides for the saleof Non-Displacement Energy by AGCfrom its capacity ownership on WarrickUnit No. 4 to SIGECO, at a rate equal tothe out-of-pocket costs of AGC, plus upto ten percent of such costs.

The proposed Supplement will permitSouthern Indiana Gas and ElectricCompany to utilize, to its own and itscustomers advantage, surplus electricenergy that Alcoa GeneratingCorporation is willing to make availablefrom capacity on its ownership ofWarrick Unit 4. The intent of such Non-Displacement Energy purchases is tosupplement, but not displace, energywhich SIGECO would itself generate tomeet its needs.

Waiver of the Commission’s NoticeRequirements is requested to allow foran effective date of November 14, 1994.


6. Portland General Electric Company


Take notice that on January 11, 1995,Portland General Electric Company(PGE), tendered for filing an executedservice agreement under FERC ElectricTariff, Original Volume No. (PGE–1),with Gulfstream Energy, LLC. By thisfiling, PGE seeks to correct the customername for Service Agreement No. 40under FERC Electric Tariff, OriginalVolume No. 1. Copies of the filing havebeen served on the parties included inthe Certificate of Service attached to thefiling letter.


7. Boston Edison Company


Take notice that on January 11, 1995,Boston Edison Company (Edison),tendered for filing a supplementalExhibit A to a Service Agreement forHull Municipal Light Plant (Hull),under its FERC Electric Tariff, OriginalVolume No. III, Non-Firm TransmissionService (the Tariff). The requiredExhibit A specifies the amount andduration of transmission servicerequired by Braintree under the Tariff.

Edison states that it has served thefiling on Hull and on the MassachusettsDepartment of Public Utilities.

Edison requests a waiver of theCommission’s notice requirements topermit the Exhibit A to become effectiveas of the commencement date of thetransaction to which it relates,November 1, 1994.




Take notice that on January 12, 1995,San Diego Gas & Electric Company(SDG&E), tendered for filing anInterchange Agreement (Agreement)between SDG&E and Associated PowerServices, Inc. (APSI).

SDG&E requests that the Commissionallow the Agreement to become effectiveon the 15th day of March, 1995 or at theearliest possible date.

Copies of this filing were served uponthe Public Utilities Commission of theState of California and APSI.


Standard Paragraphs

E. Any person desiring to be heard orto protest said filing should file amotion to intervene or protest with theFederal Energy Regulatory Commission,825 North Capitol Street, N.E.,Washington, D.C. 20426, in accordancewith Rules 211 and 214 of theCommission’s Rules of Practice andProcedure (18 CFR 385.211 and 18 CFR385.214). All such motions or protestsshould be filed on or before thecomment date. Protests will beconsidered by the Commission indetermining the appropriate action to betaken, but will not serve to makeprotestants parties to the proceeding.Any person wishing to become a partymust file a motion to intervene. Copiesof this filing are on file with the

Commission and are available for publicinspection.Lois D. Cashell,Secretary.[FR Doc. 95–1831 Filed 1–24–95; 8:45 am]BILLING CODE 6717–01–P

[Project No. 10867 Indiana]

Holliday Historic RestorationAssociates; Notice of Availability ofDraft Environmental Assessment

January 19, 1995.In accordance with the National

Environmental Policy Act of 1969 andthe Federal Energy RegulatoryCommission’s (Commission’sregulations, 18 CFR Part 380 (Order No.486, 52 F.R. 47897), the Office ofHydropower Licensing has reviewed theapplication for a minor license for theexisting, unlicensed HollidayHydroelectric Project, located on theWest Fork of the White River, HamiltonCounty, Indiana, and has prepared aDraft Environmental Assessment (DEA)for the project. In the DEA, theCommission’s staff has analyzed thepotential environmental impacts of theexisting project and has concluded thatapproval of the project, with appropriatemitigation measures, would notconstitute a major federal actionsignificantly affecting the quality of thehuman environment.

Copies of the DEA are available forreview in the Public Reference Branch,Room 3104, of the Commission’s officesat 941 North Capitol Street, N.E.,Washington, D.C. 20426.

Please submit any comments within30 days from the date of this notice.Comments should be addressed to LoisD. Cashell, Secretary, Federal EnergyRegulatory Commission, 825 NorthCapitol Street NE., Washington, DC20426. Please affix Project No. 10867 toall comments. For further information,please contact Mary Golato,Environmental Coordinator, at (202)219–2804.Lois D. Cashell,Secretary.[FR Doc. 95–1836 Filed 1–14–95; 8:45 am]BILLING CODE 6717–01–M

[Project No. 2587–002 Michigan andWisconsin]

Northern States Power CompanyWisconsin; Notice of Availability ofFinal Environmental Assessment

January 19, 1995.In accordance with the National

Environmental Policy Act of 1969 andthe Federal Energy Regulatory


1 Order No. 497, 53 FR 22139 (June 14, 1988), IIIFERC Stats. & Regs. ¶ 30,820 (1988); Order No. 497–A, order on rehearing, 54 FR 52781 (December 22,1989), III FERC Stats. & Regs. 30,868 (1989); OrderNo. 497–B, order extending sunset date, 55 FR53291 (December 28, 1990), III FERC Stats. & Regs.¶ 30,908 (1990); Order No. 497–C, order extendingsunset date, 57 FR 9 (January 2, 1992), III FERCStats. & Regs. ¶ 30,934 (1991), rehearing denied, 57FR 5815 (February 18, 1992), 58 FERC ¶ 61,139(1992); Tenneco Gas v. FERC (affirmed in part andremanded in part), 969 F.2d 1187 (D.C. Cir. 1992);Order No. 497–D, order on remand and extendingsunset date, III FERC Stats. & Regs. ¶ 30,958(December 4, 1992), 57 FR 58978 (December 14,1992); Order No. 497–E, order on rehearing andextending sunset date, 59 FR 243 (January 4, 1994),65 FERC ¶ 61,381 (December 23, 1993); Order No.497–F, order denying rehearing and grantingclarification, 59 FR 15336 (April 1, 1994), 66 FERC¶ 61,347 (March 24, 1994); and Order No. 497–G,order extending sunset date, 59 FR 32884 (June 27,1994), III FERC Stats. & Regs. ¶ 30,996 (June 17,1994).

2 Standards of Conduct and ReportingRequirements for Transportation and AffiliateTransactions, Order No. 566, 59 FR 32885 (June 27,1994), III FERC Stats. & Regs. ¶ 30,997 (June 17,1994); Order No. 566–A, order on rehearing, 59 FR52,896 (October 20, 1994), 69 FERC ¶ 61,044(October 14, 1994).

3 69 FERC ¶ 61,310 (1994).1 Order No. 497, 53 FR 22139 (June 14, 1988), III

FERC Stats. & Regs. ¶ 30,820 (1988); Order No. 497–A, order on rehearing, 54 FR 52781 (December 22,1989), III FERC Stats. & Regs. 30,868 (1989); OrderNo. 497–B, order extending sunset date, 55 FR53291 (December 28, 1990), III FERC Stats. & Regs.¶ 30,908 (1990); Order No. 497–C, order extendingsunset date, 57 FR 9 (January 2, 1992), III FERCStats. & Regs. ¶ 30,934 (1991), rehearing denied, 57FR 5815 (February 18, 1992), 58 FERC ¶ 61,139(1992); Tenneco Gas v. FERC (affirmed in part andremanded in part), 969 F. 2d 1187 (D.C. Cir. 1992);Order No. 497–D, order on remand and extendingsunset date, III FERC Stats. & Regs. ¶ 30,958(December 4, 1992), 57 FR 58978 (December 14,1992); Order No. 497–E, order on rehearing andextending sunset date, 59 FR 243 (January 4, 1994),65 FERC ¶ 61,381 (December 23, 1993); Order No.497–F, order denying rehearing and grantingclarification, 59 FR 15336 (April 1, 1994), 66 FERC¶ 61,347 (March 24, 1994); and Order No. 497–G,order extending sunset date, 59 FR 32884 (June 27,1994), III FERC Stats. & Regs. ¶ 30,996 (June 17,1994).

2 Standards of Conduct and ReportingRequirements for Transportation and AffiliateTransactions, Order No. 566, 59 FR 32885 (June 27,1994), III FERC Stats. & Regs. ¶ 30,997 (June 17,1994); Order No. 566–A, order on rehearing, 59 FR52,896 (October 20, 1994), 69 FERC ¶ 61,044(October 14, 1994).

3 69 FERC ¶ 61,310 (1994).

Commission’s (Commission’s)Regulations, 18 CFR Part 380 (Order No.486, 52 FR 47897), the Office ofHydropower Licensing has reviewed theapplication for a new license for theSuperior Falls Hydroelectric Project,located on the Montreal River in IronCounty, Wisconsin, and GogebicCounty, Michigan, and has prepared aFinal Environmental Assessment (FEA)for the project. In the FEA, theCommission’s staff has analyzed thepotential environmental impacts of theexisting project and has concluded thatapproval of the project, with appropriateenvironmental protection orenhancement measures, would notconstitute a major federal actionsignificantly affecting the quality of thehuman environment.

Copies of the FEA are available forreview in the Public Reference Branch,Room 3104, of the Commission’s officesat 941 North Capitol Street NE.,Washington, DC 20426.Lois D. Cashell,Secretary.[FR Doc. 95–1837 Filed 1–24–95; 8:45 am]BILLING CODE 6717–01–M

[Docket No. MG95–1–001]

Algonquin LNG, Inc.; Notice of Filing

January 19, 1995.Take notice that on January 17, 1995,

Algonquin LNG, Inc. (Algonquin LNG),submitted revised standards of conductunder Order Nos. 497 et seq.1 and OrderNos. 566 and 566–A.2 Algonquin LNGstates that it is revising its standards ofconduct to incorporate the changes

required by Order Nos. 566 and 566–A.Algonquin LNG also states that it isrevising its standards to reflect theCommission’s December 7, 1994, Orderon Standards of Conduct in Docket No.MG88–55–005.3

Algonquin LNG states that copies ofthis filing have been mailed to allparties on the official service listcompiled by the Secretary in thisproceeding.

Any person desiring to be heard or toprotest said filing should file a motionto intervene or protest with the FederalEnergy Regulatory Commission, 825North Capitol Street, N.E., Washington,D.C. 20426, in accordance with Rules211 or 214 of the Commission’s Rules ofPractice and Procedure (18 CFR 385.211or 385.214). All such motions tointervene or protest should be filed onor before February 3, 1995. Protests willbe considered by the Commission indetermining the appropriate action to betaken but will not serve to makeprotestants parties to the proceeding.Any person wishing to become a partymust file a motion to intervene. Copiesof this filing are on file with theCommission and are available for publicinspection.Lois D. Cashell,Secretary.[FR Doc. 95–1838 Filed 1–24–95; 8:45 am]BILLING CODE 6717–01–M

[Docket No. MG88–2–007]

Algonquin Gas TransmissionCompany; Notice of Filing


Algonquin Gas Transmission Company(Algonquin), submitted revisedstandards of conduct under Order Nos.497 et seq.1 and Order Nos. 566 and

566–A.2 Algonquin states that it isrevising its standards of conduct toincorporate the changes required byOrder No. 566–A. Algonquin also statesthat it is revising its standards to reflectthe Commission’s December 7, 1994Order on Standards of Conduct inDocket No. MG88–55–005.3

Algonquin states that copies of thisfiling have been mailed to all parties onthe official service list compiled by theSecretary in this proceeding.

Any person desiring to be heard or toprotest said filing should file a motionto intervene or protest with the FederalEnergy Regulatory Commission, 825North Capitol Street NE., Washington,DC 20426, in accordance with Rules 211or 214 of the Commission’s Rules ofPractice and Procedure (18 CFR 385.211or 385.214). All such motions tointervene or protest should be filed onor before February 3, 1995. Protests willbe considered by the Commission indetermining the appropriate action to betaken but will not serve to makeprotestants parties to the proceeding.Any person wishing to become a partymust file a motion to intervene. Copiesof this filing are on file with theCommission and are available for publicinspection.Lois D. Cashell,Secretary.[FR Doc. 95–1839 Filed 1–24–95; 8:45 am]BILLING CODE 6717–01–M

[Docket No. RP94–397–004]

K N Interstate Gas Transmission Co.;Notice of Refiling of PreviouslyAccepted Order No. 497 ComplianceInformation


K N Interstate Gas Transmission Co.(KNI), tendered for filing, Third RevisedSheet No. 53 and Second Revised SheetNo. 54, to its FERC gas Tariff SecondRevised Volume No. 1–B. These tariffsheets are identical to those accepted onJuly 27, 1994 in Docket No. MT94–5–000. Through inadvertence, the tariffsheets accepted in Docket No. MT94–5–000 were not included in KNI’sSeptember 13 filing in Docket No.RP94–397, wherein KNI filed itsRevisions to Second Revised VolumesNo. 1–A and B.


Any person desiring to protest withreference to this filing should file aprotest with the Federal EnergyRegulatory Commission, 825 NorthCapitol Street NE., Washington, DC20426. All such protest should be filedon or before January 26, 1995. Allprotests filed with the Commission willbe considered by it in determining theappropriate action to be taken. Copies ofthis filing are on file with theCommission and are available for publicinspection.Lois D. Cashell,Secretary.[FR Doc. 95–1835 Filed 1–24–95; 8:45 am]BILLING CODE 6717–01–M


Koch Gateway Pipeline Company;Notice of Proposed Changes in FERCGas Tariff

January 19, 1995.

Take notice that on January 12, 1995,Koch Gateway Pipeline Company (KochGateway), tendered for as part of itsFERC Gas Tariff, Fifth Revised VolumeNo. 1, the following tariff sheets, to beeffective December 1, 1994:2nd Sub Fourth Revised Sheet No. 202nd Sub Fourth Revised Sheet No. 24

Koch Gateway states that onDecember 15, 1994, it filed acompliance filing in the abovereferenced proceeding pursuant toCommission’s order dated November 30,1994. Koch Gateway states that it isfiling the above referenced tariff sheetsto correct typographical errors found onthe previously filed Sheets.

Koch Gateway also states that thetariff sheets are being mailed to allparties on the official service list createdby the Secretary in this proceeding.

Any person desiring to protest saidfiling should file a protest with theFederal Energy Regulatory Commission,825 North Capitol Street NE.,Washington, DC 20426, in accordancewith § 385.211 of the Commission’sregulations. All such protests should befiled on or before January 26, 1995.Protests will be considered by theCommission in determining appropriateaction to be taken, but will not serve tomake protestants parties to theproceedings. Copies of this filing are onfile with the Commission and areavailable for public inspection.Lois D. Cashell,Secretary.[FR Doc. 95–1833 Filed 1–24–95; 8:45 am]BILLING CODE 6717–01–M


Northern Natural Gas Company; Noticeof Proposed Changes in FERC GasTariff


Northern Natural Gas Company(Northern), tendered for filing to becomepart of Northern’s FERC Gas Tariff, FifthRevised Volume No. 1, the followingtariff sheets, to be effective December27, 1994:First Revised Sheet No. 242First Revised Sheet No. 247First Revised Sheet No. 249

Northern states that such tariff sheetsare being submitted in compliance withthe Commission’s Letter Order issuedDecember 27, 1994, in the above-referenced Docket Nos. to reproduce theterms and conditions of the pro formatariff sheets submitted with theStipulation and Agreement ofSettlement filed October 7, 1994.

Northern further states that copies ofthe filing have been mailed to each ofits customers and interested StateCommissions.

Any person desiring to protest saidfiling should file a protest with theFederal Energy Regulatory Commission,825 North Capitol Street NE.,Washington, DC 20426, in accordancewith Rule 211 of the Commission’sRules of Practice and Procedure (18 CFR385.211). All such protests must be filedon or before January 26, 1995. Protestswill be considered by the Commissionin determining the appropriate action tobe taken, but will not serve to makeprotestants parties to the proceeding.Copies of this filing are on file with theCommission and are available for publicinspection.Lois D. Cashell,Secretary.[FR Doc. 95–1834 Filed 1–24–95; 8:45 am]BILLING CODE 6717–01–M


Panhandle Eastern Pipe LineCompany; Notice of TechnicalConference

January 19, 1995.In the Commission’s order issued on

October 6, 1994 in the above-captionedproceeding, the Commission orderedthat a technical conference be convenedto resolve issues raised by the filing.The conference to address the issues hasbeen scheduled for February 8, 1995, at10:00 a.m. in a room to be designated atthe offices of the Federal Energy

Regulatory Commission, 810 First StreetNE., Washington, DC 20426.Lois D. Cashell,Secretary.[FR Doc. 95–1832 Filed 1–24–95; 8:45 am]


[Docket No. EL95–19–000]

San Diego Gas & Electric Company;Notice of Filing

January 19, 1995.

Take notice that on January 18, 1995,San Diego Gas & Electric Company (SanDiego), filed a Petition For Enforcementpursuant to Section 210(h) of the PublicUtility Regulatory Policies Act of 1978(PURPA), or, in the alternative, for aDeclaratory Order. San Diego states thatthe California Public UtilitiesCommission (California Commission),has ordered San Diego to sign long-term,fixed price contracts with qualifyingfacilities (Qfs) to purchase 491 MW ofnew capacity that will come on line in1997–99. San Diego asserts that thesenew contracts will require paymentsabove its avoided cost and willdramatically increase stranded costs ina soon to be restructured electric utilityindustry. San Diego requests theCommission to relieve San Diego and itscustomers from these CaliforniaCommission orders which it assertsviolate both PURPA and thisCommission’s regulations. 18 CFR Part292.

Any person desiring to be heard or toprotest said filing should file a motionto intervene or protest with the FederalEnergy Regulatory Commission, 825North Capitol Street, NE., Washington,DC 20426, in accordance with Rules 211and 214 of the Commission’s Rules ofPractice and Procedure (18 CFR 385.211and 385.214). All such motions orprotests should be filed on or beforeFebruary 8, 1995. Protests will beconsidered by the Commission indetermining the appropriate action to betaken, but will not serve to makeprotestants parties to the proceeding.Any person wishing to become a partymust file a motion to intervene. Copiesof this filing are on file with theCommission and are available for publicinspection.Lois D. Cashell,Secretary.[FR Doc. 95–1840 Filed 1–24–95; 8:45 am]




[OPP–00401; FRL–4933–8]

FIFRA Scientific Advisory Panel; OpenMeeting

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Notice of open meeting.

SUMMARY: There will be a 1-day meetingof the Federal Insecticide, Fungicide,and Rodenticide Act (FIFRA) ScientificAdvisory Panel (SAP) Subpanel onPlant Pesticides to review a set ofscientific issues being considered by theAgency in connection with Monsanto’sapplication for registration of atransgenic plant pesticide. The plantpesticide contains the active ingredientBacillus thuringiensis subsp. tenebrionisdelta endotoxin protein as produced bythe CryIIIA gene and its controllingsequences in potatoes.DATES: The meeting will be held onWednesday, March 1, 1995, from 8:30a.m. to 4:30 p.m.ADDRESSES: The meeting will be held at:Crystal Mall #2, 11th Floor ConferenceRoom (Fish Bowl), 1921 Jefferson DavisHighway, Arlington, VA 22202.FOR FURTHER INFORMATION CONTACT:By mail: Robert B. Jaeger, DesignatedFederal Official, FIFRA ScientificAdvisory Panel (7509C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. Office locationand telephone number: Rm. 819B, CM#2, 1921 Jefferson Davis Highway,Arlington, VA, (703) 305–5369 or 7351.

Copies of documents may be obtainedby contacting: By mail: Public Docketand Freedom of Information Section,Field Operations Division (7506C),Office of Pesticide Programs,Environmental Protection Agency, 401M St., SW., Washington, DC 20460.Office location and telephone number:Rm. 1128 Bay, CM #2, 1921 JeffersonDavis Highway, Arlington, VA, (703)305–5805 or 5454.SUPPLEMENTARY INFORMATION: Theagenda for the meeting will be availablefrom the public docket within a week ortwo prior to the meeting. Copies ofinformation submitted to the Agency insupport of this registration (MRID#429322–01 thru 429322–20), andAgency reviews of these data will beavailable from the public docket. Therelease of data is subject to section 10(g)of FIFRA; disclosure requiressubmission of a signed Affirmation ofNon-multinational Status form. Contactthe OPP docket staff to receive a copyof the form. Due to the volume of data

(in excess of 3,000 pages), callers willreceive the data on microfiche. Apapercopy of the data is available forviewing in the docket.

Any member of the public wishing tosubmit written comments shouldcontact Robert B. Jaeger at the addressor the phone number given above to besure that the meeting is still scheduledand to confirm the Panel’s agenda.Interested persons are permitted to filewritten statements before the meeting.To the extent that time permits andupon advance notice to the DesignatedFederal Official, interested persons maybe permitted by the chairman of theScientific Advisory Panel to present oralstatements at the meeting. There is nolimit on written comments forconsideration by the Panel, but oralstatements before the panel are limitedto approximately 5 minutes. Since oralstatements will be permitted only astime permits, the Agency urges thepublic to submit written comments inlieu of oral presentations. Personswishing to make oral and/or writtenstatements should notify the DesignatedFederal Official and submit 20 copies ofa summary no later than February 17,1995, in order to ensure appropriateconsideration by the Panel.

Information submitted as a commentin response to this notice 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 docket.Information not marked confidentialwill be included in the public docketwithout prior notice. The public docketwill be available for public inspection inRm. 1128 Bay at the address givenabove, from 8 a.m. to 4 p.m., Mondaythrough Friday, excluding legalholidays. All statements will be madepart of the record and will be taken intoconsideration by the Panel.

Copies of the Panel’s report of theirrecommendations will be available 10 to15 working days after the meeting andmay be obtained by contacting thePublic Docket and Freedom ofInformation Section at the address ortelephone number given above.


Daniel Barolo,Director, Office of Pesticide Programs.[FR Doc. 95–2009 Filed 1–24–95; 8:45 am]

BILLING CODE 6560–50–F

[OPP–30106; FRL–4934–2]

Notice of Limited Plant PropagationRegistration for a Plant-Pesticide

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Notice.

SUMMARY: EPA is proposing to issue alimited plant propagation registrationunder section 3(c)(5) of the FederalInsecticide, Fungicide, and RodenticideAct (FIFRA) to Monsanto Company forthe Bacillus thuringiensis var.tenebrionis (B.t.t) delta endotoxinproduced in potatoes for the purpose ofincreasing reproductive plant materials(plant propagation/seed production).This limited plant propagationregistration will be restricted as to theduration of the registration, time andacreage of potatoes planted, the amountof delta-endotoxin produced, and thesubsequent harvesting and processing ofthe resulting crop. EPA is proposing toissue this limited registration becausethe intent of the plantings is to increasereproductive plant materials.DATES: Comments identified by thedocket control number [OPP–30106]must be received on or before February24, 1995.ADDRESSES: By mail: Submit writtencomments identified by the documentcontrol number [OPP–30106] to: PublicResponse and Program ResourcesBranch, Field Operations Division(7506C), Office of Pesticide Programs,Environmental Protection Agency, 401M St., SW., Washington, DC 20460,Attention: Phil Hutton. In person bringcomments to: Rm. 1132, CM #2, 1921Jefferson Davis Highway, Arlington, VA.

Information submitted as a commentconcerning this notice may be claimedconfidential by marking any part or allof the information as ‘‘ConfidentialBusiness Information’’ (CBI).Information so marked will not bedisclosed except in accordance withprocedures set forth in 40 CFR part 2.A copy of the comment that does notcontain CBI must be submitted forinclusion in the public record.Information not marked confidentialmay be disclosed publicly by EPAwithout prior notice. All writtencomments will be available for publicinspection in Rm. 1132 at the addressgiven above, from 8 a.m. to 4 p.m.,Monday through Friday, excludingholidays.FOR FURTHER INFORMATION CONTACT: PhilHutton, Biopesticides and PollutionPrevention Division (7501W), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,


Washington, DC 20460. Telephonenumber: (703) 308–8260.SUPPLEMENTARY INFORMATION: EPA hasreceived several requests forexperimental use permits for plant-pesticides which include acreagededicated solely to seed increase.Because plant-pesticides are producedin living plants, their commercialdevelopment involves the propagationand breeding of new varieties of thecrops producing the plant-pesticides.This plant-breeding process alsoinvolves increases of plant reproductivematerials prior to commercialization.The production of propagative plantproducts (such as seeds, tubers, corms,cuttings, etc.) is an integral step in thedevelopment of new commercial plantvarieties. Because of the biology ofplants and general planting andharvesting restrictions associated withplant propagation, this step usuallytakes an entire year in the productdevelopment cycle. In the case of treecrops, it may take much longer.

EPA has considered proceduraloptions under FIFRA which wouldallow plant-pesticides to be propagatedfor the production of reproductive plantmaterials under limited acreage andconditions in instances where theAgency has determined that such plantpropagation will not result inunreasonable adverse effects to humansor the environment. EPA hasdetermined that a limited registrationunder section 3(c)(5) is an appropriateregulatory vehicle for pesticidesproduced in plants grown for thepurposes of plant propagation/seedincrease. A limited registration willstipulate the conditions under whichthe plantings could occur and mayinclude such restrictions as the acreageto be planted, the design of the fieldsites to ensure adequate containment,the locations of the field sites, and anyother restrictions deemed necessary.The Agency, in making its finding of nounreasonable adverse effects, will relyin part upon the restrictions set in thelimited registration. The limitedregistration will also stipulate that thecompany acquiring the registration isliable for the actions of its cooperatorsin terms of meeting the conditions of theregistration. Companies that wish tomake applications for a limitedregistration under FIFRA section 3(c)(5)for the purposes of plant propagation/seed production should be cognizant oftolerance requirements under theFederal Food, Drug, and Cosmetic Act(FFDCA). Crop destruction or otheractions to prevent the introduction ofthe resulting crop into commerce will bea necessary condition of a limited

registration in the absence of a toleranceor exemption from the requirement of atolerance. Moreover, seeds or otherplant parts may be restricted in theirsale or distribution.

Monsanto has requested a limitedregistration for plant propagation andhas proposed certain conditions for theregistration. The Agency has evaluatedthe information and data that have beensubmitted by Monsanto concerning thepotential risks from planting potatoesproducing Bacillus thuringiensis var.tenebrionis (B.t.t.) delta endotoxin forthe purpose of increasing propagativematerials. The information and dataevaluated by the Agency to date has ledEPA to conclude that, under therestrictions of the limited registration,there will be no unreasonable adverseeffects to humans or the environment.

Therefore, EPA is proposing to issuethe following limited registration:

524–474. Monsanto Company, 700Chesterfield Parkway North, St. Louis,MO 63198. The approved limitedregistration for plant propagation wouldallow the use of 4,988.9 grams ofBacillus thuringiensis cryIIIc deltaendotoxin produced in potato plantsgrown from both tubers and plantletsover a total of 8,186 acres. Planting ofthe product would be limited to thestates of Colorado, Idaho, Maine,Michigan, Minnesota, Montana,Nebraska, New York, North Dakota,Oregon, Washington, and Wisconsin.The registration would be limited toplantings from March 1, 1995 throughJanuary 1, 1995, and would includeassociated agronomic activities such asthe harvesting and processing of plantpropagative materials. Sale ordistribution of the crop or plantpropagative materials would beprohibited. This registration would alsobe limited in that all crops must beeither destroyed or stored for futureplantings or research.

Interested parties should note thatEPA will be holding a meeting of theScientific Advisory Panel on March 1,1995, for consideration of a fullregistration under FIFRA section 3(c)(5)(i.e., a registration not restricted topropagation, and unlimited acreage) forthis product. The scientific merits of aproposed exemption from therequirement of a tolerance will also bediscussed at this meeting.

List of Subjects

Environmental protection,Biotechnology, Plant-pesticide,Pesticides, Plants, Registration.

Dated: January 19, 1995.Daniel Barolo,Director, Office of Pesticide Programs.


[OPP–180959; FRL–4930–2]

Receipt of Application for EmergencyExemption To Use Fenoxycarb;Solicitation of Public Comment


SUMMARY: EPA has received specificexemption requests from the Oregonand Washington Departments ofAgriculture (hereafter referred to as the‘‘Applicants’’) for use of the pesticidefenoxycarb (CAS 72490–01–8) to controlpear psylla (Cacopsylla pyricola) on upto 10,200, and 26,000 acres of pears,respectively. The Applicants proposethe first food use of an active ingredient;therefore, in accordance with 40 CFR166.24, EPA is soliciting publiccomment before making the decisionwhether or not to grant the exemptions.DATES: Comments must be received onor before February 9, 1995.ADDRESSES: Three copies of writtencomments, bearing the identificationnotation ‘‘OPP–180959,’’ should besubmitted by mail to: Public Responseand Program Resources Branch, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St. SW,Washington, DC 20460. In person, bringcomments to: Rm. 1128, Crystal Mall #2,1921 Jefferson Davis Highway,Arlington, VA.

Information submitted in anycomment concerning this notice may beclaimed confidential by marking anypart or all of that information as‘‘Confidential Business Information.’’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 Confidential BusinessInformation must be provided by thesubmitter for inclusion in the publicrecord. Information not markedconfidential may be disclosed publiclyby EPA without prior notice. All writtencomments filed pursuant to this noticewill be available for public inspection inRm. 1128, Crystal Mall #2, 1921Jefferson Davis Highway, Arlington, VA,from 8 a.m. to 4 p.m., Monday throughFriday, except legal holidays.FOR FURTHER INFORMATION CONTACT: Bymail: Andrea Beard, RegistrationDivision (7505W), Office of Pesticide


Programs, Environmental ProtectionAgency, 401 M St. SW, Washington, DC20460. Office location and telephonenumber: 6th Floor, Crystal Station #1,2800 Jefferson Davis Highway,Arlington, VA, (703–308–8791).SUPPLEMENTARY INFORMATION: Pursuantto section 18 of the Federal Insecticide,Fungicide, and Rodenticide Act (FIFRA)(7 U.S.C. 136p), the Administrator may,at her discretion, exempt a State agencyfrom any registration provision ofFIFRA if she determines that emergencyconditions exist which require suchexemption. The Applicants haverequested the Administrator to issuespecific exemptions for the use of theinsecticide fenoxycarb, to control pearpsylla, on up to 10,200 acres of pears inOregon, and 26,000 acres of pears inWashington. Information in accordancewith 40 CFR part 166 was submitted aspart of these requests.

The Applicants state that pear psyllais a major, chronic pest of pear orchards.If the pest is left uncontrolled, it willcause dramatic yield decreases, andeventual tree debilitation. Damage iscaused by honeydew, secreted by thepear psylla nymphs while feeding,which causes deformed fruit andrusseting, leading to major qualityproblems, downgrading of fruit, andincreased cullage. In addition, thehoneydew causes secondary problemswith black sooty mold on the fruit.While feeding, the pear psylla alsoinjects a toxin into the tree, which isdebilitating and reduces vigor and,ultimately, yield. The Applicants statethat the need for a method of reducingthe overwintering adult populationbefore they lay appreciable numbers ofeggs in the spring is critical to pearpsylla control. The only effective pre-bloom materials for some years were thesynthetic pyrethroids, permethrin andfenvalerate. When widespreadresistance to these materials becameevident in the psylla population by1987–88, the Applicants state thatcyfluthrin was used under section 18exemptions in 1988–1992, and wasfound to be efficacious. In 1993, this useof fenoxycarb was first requested byWashington state, who claimed thatresistance to cyfluthrin was beingobserved. However, the toxicology dataavailable at that time for fenoxycarb didnot support this use, and cyfluthrin wasagain used under section 18 during the1993 season. In the 1993–4 season, bothWashington and Oregon requestedexemptions for this use. Adequatetoxicology data were available tosupport the use under section 18, andthe exemptions were subsequentlygranted. The Applicants claim that most

of the pear psylla populations are nowresistant to cyfluthrin, and are thereforeagain requesting this use of fenoxycarbfor control of pear psylla in pears.

The Applicants wishes to treat up to10,200 acres of pear trees in Oregon, andup to 26,000 acres in Washington. Thiswould translate to a possible total of2,550 pounds of active ingredient(10,200 lbs. product) in Oregon, and upto 6,500 lbs. a.i. (26,000 lbs. product) inWashington. Up to two applicationswould be made per growing season, ata maximum rate of 2 oz. a.i. (8 oz.product) per acre, diluted in water tomake a minimum spray volume of 50–400 gallons per acre. Application offenoxycarb would not be allowed by airor through chemigation equipment.

This notice does not constitute adecision by EPA on the applicationsthemselves. The regulations governingsection 18 require publication of anotice of receipt in the Federal Registerand solicit public comment on anapplication for a specific exemptionproposing the first food use of an activeingredient. Accordingly, interestedpersons may submit written views onthis subject to the Field OperationsDivision at the address above.

The Agency, accordingly, will reviewand consider all comments receivedduring the comment period indetermining whether to issue theemergency exemptions requested by theOregon and Washington Departments ofAgriculture.

List of Subjects

Environmental protection, Pesticideand pests, Crisis exemptions.


Stephen L. Johnson,Director, Registration Division, Office ofPesticide Programs.


[OPP–34071; FRL–4931–9]

Reregistration Eligibility DecisionDocuments for Hexadecadienol, et al.and Notice to Remove Benzocaine;Availability for Comment

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Notice of availability ofReregistration Eligibility Decisiondocuments; opening of public commentperiod.

SUMMARY: This notice announces theavailability of the ReregistrationEligibility Decision (RED) documents forthe active ingredients Cresol/Xylenol

(List D, cases 4027 and 4098), Disodiumcyanodithioimidocarbonate (DCDIC)(List C, case 3065), Fenbutatin-Oxide(List A, case 0245), Hexadecadienol(List D, case 4111), Limonene (List C,case 3083), Nuosept 145 (List C, case3052), Sodium Cyanide (List C, case3086), 2-Mercaptobenzothiazole (List B,case 2380) and 2,2-Dibromo-3-nitrilopropionamide (DBNPA) (List C,case 3056). This notice starts a 60-daypublic comment period. The REDs forthe chemicals listed above are theAgency’s formal regulatory assessmentsof the health and environmental database of the subject chemicals andpresent the Agency’s determinationregarding which pesticidal uses areeligible for reregistration. This noticealso announces the removal ofBenzocaine as an active ingredientunder FIFRA (List D, case 4012).DATES: Written comments on thesedecisions must be submitted by March27, 1995.ADDRESSES: Three copies of commentsidentified with the docket number‘‘OPP–34071’’ and the case number(noted above), should be submitted to:By mail: OPP Pesticide Docket, PublicResponse and Program ResourcesBranch, Field Operations Division(7506C), Office of Pesticide Programs,Environmental Protection Agency, 401M St., SW., Washington, DC 20460. Inperson, deliver comments to: OPPPesticide Docket, Rm. 1132, Crystal Mall#2, 1921 Jefferson Davis Highway,Arlington, VA.

Information submitted as a commentin response to this Notice may beclaimed confidential by marking anypart or all of that information as‘‘Confidential Business Information(CBI).’’ Information so marked will notbe disclosed 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 docket.Information not marked confidentialwill be included in the public docketwithout prior notice. The public docketand docket index will be available forpublic inspection in Rm. 1132 at theaddress given above, from 8 a.m. to 4:30p.m., Monday through Friday, excludinglegal holidays.

To request a copy of any of the abovelisted RED documents, or a RED factsheet, contact the OPP Pesticide Docket,Public Response and Program ResourcesBranch, in Rm. 1132 at the addressgiven above or call (703) 305–5805.

Electronic copies of the REDs andRED fact sheets can be downloadedfrom the Pesticide Special Review andReregistration Information System at


703–308–7224, and also can be reachedon the Internet via FEDWORLD.GOV

and EPA’s gopher server,EARTH1.EPA.GOV.

FOR FURTHER INFORMATION CONTACT:Technical questions on the above listeddecisions should be directed to theappropriate Chemical Review Managers:

Chemical Review Manager Telephone No. Chemical Name

Barbara Briscoe ........................... (703) 308–8177 BenzocainePaul Lewis ................................... (703) 308–8015 Cresol/XylenolBonnie Adler ................................ (703) 308–8523 Disodium cyanodithioimidocarbonate (DCDIC)Susan Jennings ........................... (703) 308–8021 Fenbutatin-OxideTom Myers .................................. (703) 308–8074 HexadecadienolEmily Mitchell .............................. (703) 308–8583 LimoneneKathleen Depukat ........................ (703) 308–8587 Nuosept 145

Sodium Cyanide2-mercaptobenzothiazole

Richard Gebken .......................... (703) 308–8591 2,2-dibromo-3-nitrilopropionamide (DBNPA)

SUPPLEMENTARY INFORMATION: Under theFederal Insecticide, Fungicide, andRodenticide Act, as amended in 1988,EPA is conducting an acceleratedreregistration program to reevaluateexisting pesticides to make sure theymeet current scientific and regulatorystandards. The data base to support thereregistration of each of the chemicalslisted above is substantially complete.EPA has determined that all currentlyregistered products subject toreregistration containing these activeingredients are eligible forreregistration. The Agency has issuedReregistration Eligibility Decision (RED)documents for the pesticidal activeingredients listed above with theexception of benzocaine, which is beingdelisted through this notice. The activeingredient known as benzocaine andidentified as case 4012 on ReregistrationList D is hereby removed because it doesnot meet the definition of an activeingredient as stated in section 2 ofFIFRA. Benzocaine does not prevent,destroy, repel or mitigate any pest.Benzocaine is regulated as a medicineby FDA. The single product currentlyregistered containing benzocaine as anitch reliever also contains sulfur as apesticidal active ingredient. Theproduct will continue to be regulated byEPA as sulfur is the active ingredientused in the product to repel chiggers(redbugs). This action effectivelyremoves benzocaine as an activeingredient from the Agency’sreregistration program.

All registrants of products containingone or more of the above listed activeingredients have been sent theappropriate RED documents and mustrespond to labeling requirements andproduct specific data requirements (ifapplicable) within 8 months of receipt.Products containing other activeingredients will not be reregistered untilthose other active ingredients are

determined to be eligible forreregistration.

The reregistration program is beingconducted under Congressionallymandated time frames, and EPArecognizes both the need to make timelyreregistration decisions and to involvethe public. Therefore, EPA is issuingthese REDs as final documents with a60–day comment period. Although the60–day public comment period does notaffect the registrant’s response due date,it is intended to provide an opportunityfor public input and a mechanism forinitiating any necessary amendments tothe RED. All comments will be carefullyconsidered by the Agency. If anycomment significantly affects a RED,EPA will amend the RED by publishingthe amendment in the Federal Register.

List of Subjects

Environmental protection.Dated: January 12, 1995.

Peter Caulkins,Acting Director, Special Review andReregistration Division, Office of PesticidePrograms.


[OPP–180958; FRL 4930–1]

Receipt of Application for EmergencyExemption to use Pyrithiobac-SodiumHerbicide; Solicitation of PublicComment


SUMMARY: EPA has received a specificexemption request from the SouthCarolina Department of Fertilizer andPesticide Control (hereafter referred toas the ‘‘Applicant’’) for use of thepesticide, pyrithiobac-sodium, tocontrol Palmer amaranth on up to

135,000 acres of cotton in SouthCarolina. In accordance with 40 CFR166.24, EPA is soliciting publiccomment before making the decisionwhether or not to grant the exemption.

DATES: Comments must be received onor before February 9, 1995.

ADDRESSES: Three copies of writtencomments, bearing the identificationnotation ‘‘OPP–180958,’’ should besubmitted by mail to: Public Responseand Human Resource Branch, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. In person, bringcomments to: Rm. 1128, Crystal Mall #2,1921 Jefferson Davis Highway,Arlington, VA.

Information submitted in anycomment concerning this notice may beclaimed confidential by marking anypart or all of that information as‘‘Confidential Business Information.’’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 Confidential BusinessInformation must be provided by thesubmitter for inclusion in the publicrecord. Information not markedconfidential may be disclosed publiclyby EPA without prior notice. All writtencomments filed pursuant to this noticewill be available for public inspection inRm. 1128, Crystal Mall #2, 1921Jefferson Davis Highway, Arlington, VA,from 8 a.m. to 4 p.m., Monday throughFriday, except legal holidays.

FOR FURTHER INFORMATION CONTACT: Bymail: Margarita Collantes, RegistrationDivision (7505W), Office of PesticidePrograms, Environmental ProtectionAgency, 401 M St., SW., Washington,DC 20460. Office location and telephonenumber: 6th Floor, Crystal Station #1,2800 Jefferson Davis Highway,Arlington, VA, (703) 308–8347.


SUPPLEMENTARY INFORMATION: Pursuantto section 18 of the Federal Insecticide,Fungicide, and Rodenticide Act (FIFRA)(7 U.S.C. 136p), the Administrator may,at her discretion, exempt a State agencyfrom any registration provision ofFIFRA if she determines that emergencyconditions exist which require suchexemption. The Applicant has requestedthe Administrator to issue a specificexemption for use of the herbicide,pyrithiobac-sodium, available as Staplefrom DuPont Agricultural Products, tocontrol Palmer amaranth on up to135,000 acres of cotton in SouthCarolina. Information in accordancewith 40 CFR part 166 was submitted aspart of this request.

According to the Applicant,dinitroaniline (dna) herbicides wereused on essentially all of SouthCarolina’s cotton acreage since the mid1960’s. It was not until 1989, that thepresence of a dna-resistant Palmeramaranth biotype was first suspected ina Lee County cotton field in SouthCarolina. Since this time Palmeramaranth has become recognized asSouth Carolina’s most troublesomeweed in cotton. This phenomenon isdue to the intensive selection pressureassociated with yearly applications ofdinitroaniline herbicides withessentially no herbicide rotation. Infields where Palmer amaranth exhibitedresistance to the dna’s and whereacceptable early-season control was notachieved with the other soil-appliedherbicides, Palmer amaranth could notbe controlled with postemergencetreatments. No selective postemergenceover-the-top herbicides are registered forcotton that will control Palmeramaranth. The applicant estimates a 60percent yield reduction resulting insignificant economic loss if the requestfor use of pyrithiobac-sodium on cottonis not granted.

Under the proposed exemption, amaximum of two ground applications ofStaple would be made at 1.0 fluidounces of product (0.0625 pounds activeingredient=1.2 ounces of product) peracre. Not to exceed 2.0 fluid ounces ofproduct (0.1250 pound activeingredient=2.4 ounces of product) peracre per season for pre and postapplications. No applications would bemade within 45 days of harvest.

This notice does not constitute adecision by EPA on the applicationitself. The regulations governing section18 require that the Agency publishnotice of receipt in the Federal Registerand solicit public comment on anapplication for a specific exemptionproposing use of a new chemical (i.e.,an active ingredient not contained in

any currently registered pesticide) [40CFR 166.24 (a)(1)].

Pyrithiobac-sodium is a newchemical. Accordingly, interestedpersons may submit written views onthis subject to the Field OperationsDivision at the address above. TheAgency will review and consider allcomments received during the commentperiod in determining whether to issuethe emergency exemption requested bythe South Carolina Department ofFertilizer and Pesticide Control.

List of Subjects

Environmental protection, Pesticideand pests, Crisis exemptions.


Stephen L. Johnson,Director, Registration Division, Office ofPesticide Programs.


FEDERAL COMMUNICATIONSCOMMISSION

[Report No. 2053]

Petitions for Reconstruction of Actionsin Rulemaking Proceedings

January 20, 1995.

Petitions for reconsideration havebeen filed in the Commissionrulemaking proceedings listed in thisPublic Notice and published pursuant to47 CFR Section 1.429(e). The full text ofthese documents are available forviewing and copying in Room 239, 1919M Street, N.W., Washington, D.C. ormay be purchased from theCommission’s copy contractor ITS, Inc.(202) 857–3800. Opposition to thesepetitions must be filed February 9, 1995.See section 1.4(b)(1) of theCommission’s rules (47 CFR 1.4(b)(1)).Replies to an opposition must be filedwithin 10 days after the time for filingoppositions has expired.Subject: Telephone Company—Cable

Television Cross-Ownership RulesSections 63.54–63.58; Amendment ofParts 32, 36, 61, 64 and 69 of theCommission’s Rules To Establish andImplement Regulatory Procedures forVideo Dialtone Service. (CC DocketNo. 87–266 and RM–8221)

Number of Petitions Filed: 3Subject: Implementation of Section

309(j) of the Communications Act—Competitive Bidding. (PP Docket No.93–253)

Number of Petitions Filed: 6

Federal Communications Commission.William F. Caton,Acting Secretary.[FR Doc. 95–1820 Filed 1–24–95; 8:45 am]BILLING CODE 6712–01–M

FEDERAL MARITIME COMMISSION

Security for the Protection of thePublic Indemnification of Passengersfor Nonperformance of Transportation;Issuance of Certificate (Performance)

Notice is hereby given that thefollowing have been issued a Certificateof Financial Responsibility forIndemnification of Passengers forNonperformance of Transportationpursuant to the provisions of Section 3,Public Law 89–777 (46 U.S.C. 817(e))and the Federal Maritime Commission’simplementing regulations at 46 CFR Part540, as amended:Club Med Sales, Inc. and Services et

Transports Cruise Lines, 40 West 57thStreet, New York, NY 10019

Vessel: CLUB MED 1Dated: January 19, 1995.

Joseph C. Polking,Secretary.[FR Doc. 95–1801 Filed 1–24–95; 8:45 am]BILLING CODE 6730–01–M

Ocean Freight Forwarder LicenseApplicants

Notice is hereby given that thefollowing applicants have filed with theFederal Maritime Commissionapplications for licenses as ocean freightforwarders pursuant to section 19 of theShipping Act of 1984 (46 U.S.C. app.1718 and 46 CFR Part 510).

Persons knowing of any reason whyany of the following applicants shouldnot receive a license are requested tocontact the Office of Freight Forwarders,Federal Maritime Commission,Washington, D.C. 20573.Celadon-Jacky Maeder Company, 590

Belleville Turnpike, Kearny, NJ07032, Officers: Norman Greif, CEO,Leslie Weiss, Exec. Vice President

‘‘J.I.F.’’ Jet International ForwardingInc., 9999 N.W. 89th Avenue Bay,#20, Medley, FL 33178, Officers:Francisco Santana, President,Christina Santana, Vice President

Corexport Corporation, 2221 Edge LakeDrive, Ste. 195, Charlotte, NC 28217,Officers: James Lewis Garst, III,President, Catherine M. Gilbert, VicePresident

RHE Specialty Transport, Inc., 123Pennsylvania Ave., South Kearny, NJ07032, Officer: Oscar S. Lara,President


Cisne Cargo Corporation, 5435 NW 72ndAve., Miami, FL 33166, Officer: LuisA. Pinedo, PresidentDated: January 19, 1995.By the Federal Maritime Commission.

Joseph C. Polking,Secretary.[FR Doc. 95–1802 Filed 1–24–95; 8:45 am]BILLING CODE 6730–01–M

Ocean Freight Forwarder LicenseRevocations

Notice is hereby given that thefollowing ocean freight forwarderlicenses have been revoked by theFederal Maritime Commission pursuantto section 19 of the Shipping Act of1984 (46 U.S.C. app. 1718) and theregulations of the Commissionpertaining to the licensing of oceanfreight forwarders, 46 CFR Part 510.License Number: 2869Name: E.D.R. International, Inc.Address: 5520 NW, 35th Ave., Miami,

FL 33142Date Revoked: December 14, 1994Reason: Failed to maintain a valid

surety bond.License Number: 1644Name: Curtis & Churchill, Inc.Address: 142–32 29th Ave., Flushing,

NY 11354Date Revoked: December 15, 1994Reason: Surrendered license

voluntarily.License Number: 1112Name: Circle Airfreight Corp.Address: 260 Townsend Street, San

Francisco, CA 94107Date Revoked: December 19, 1994Reason: Surrendered license

voluntarily.License Number: 2632Name: Max Gruenhut International, Inc.Address: 260 Townsend Street, San

Francisco, CA 94107Date Revoked: December 19, 1994Reason: Surrendered license

voluntarily.License Number: 3796Name: Eagle Freight Services, Inc.Address: 534 Eccles Ave., So. San

Francisco, CA 94080Date Revoked: December 22, 1994Reason: Failed to furnish a valid surety

bond.License Number: 2036Name: Goth Transport Inc.Address: 196 Birch Hill Rd., Locust

Valley, NY 11560Date Revoked: January 10, 1995Reason: Surrendered license

voluntarily.License Number: 3866Name: Blasi Forwarders & Services, Inc.

Address: 1325 N.W. 93rd Ct., Ste. B–112, Miami, FL 33172

Date Revoked: January 10, 1995Reason: Surrendered license

voluntarily.Bryant L. VanBrakle,Director, Bureau of Tariffs, Certification andLicensing.[FR Doc. 95–1803 Filed 1–24–95; 8:45 am]BILLING CODE 6730–01–M

FEDERAL RESERVE SYSTEM

Agency Forms Under Review

Background

Notice is hereby given of the finalapproval of proposed informationcollection(s) by the Board of Governorsof the Federal Reserve System (Board)under OMB delegated authority, as per5 CFR 1320.9 (OMB Regulations onControlling Paperwork Burdens on thePublic).FOR FURTHER INFORMATION CONTACT:Federal Reserve Board Clearance

Officer—Mary M. McLaughlin—Division of Research and Statistics,Board of Governors of the FederalReserve System, Washington, D.C.20551 (202-452-3829); for the hearingimpaired only, telecommunicationsdevice for the deaf (TTD) (202/452-3544), Dorothea Thompson, Board ofGovernors of the Federal ReserveSystem, Washington, D.C. 20551.

OMB Desk Officer—Milo Sunderhauf—Office of Information and RegulatoryAffairs, Office of Management andBudget, New Executive OfficeBuilding, Room 3208, Washington,D.C. 20503 (202-395-7340)Final approval under OMB delegated

authority of the implementation of thefollowing report:

1. Report title: Survey of ForeignExchange and Derivatives MarketActivity.Agency form number: FR 3036a (version

for financial institutions) and FR3036c (version for brokers)

OMB Docket number: OMB 7100-0275Frequency: One-time surveyReporters: The foreign exchange

turnover portion of the survey willinclude all financial institutions andbrokers that are principals in the U.S.foreign exchange market. Thederivatives portion of the surveywould cover a small subset of thispanel.

Annual reporting hours: 19,760Estimated average hours per response:

Foreign exchange portion: 40 hours;derivatives portion: 140 hours

Number of respondents: Financial firms:204 respondents to the foreign

exchange portion, 70 respondents tothe derivatives portion; Brokers: 17respondents to the foreign exchangeportion, 8 respondents to thederivatives portion

Small businesses are not affected.General description of report: This

information collection is voluntary andis authorized by law (12 U.S.C. 248(a),353-359, and 3105(b)). Individualrespondent data will be givenconfidential treatment under theFreedom of Information Act (5 U.S.C.552(b)(4)).SUMMARY:This survey of the foreignexchange and derivatives markets willbe conducted in April 1995. The datacollected from the survey will provideinformation about the size and structureof the global markets for foreignexchange and financial derivativesproducts. The survey will be conductedin coordination with other centralbanks, and aggregate results from eachcentral bank’s survey will be providedto the BIS for the production of globalmarket statistics.

Board of Governors of the Federal ReserveSystem, January 19, 1995.William W. Wiles,Secretary of the Board.[FR Doc. 95–1812 Filed 1–24–95; 8:45am]BILLING CODE 6210–01–F

GENERAL SERVICESADMINISTRATION

Interagency Committee for MedicalRecords (ICMR) Cancellation andEstablishment of Medical Forms

AGENCY: General ServicesAdministration.ACTION: Notice.

SUMMARY: Standard Form 522, MedicalRecord—Request for Administration ofAnesthesia and For Performance ofOperations and Other Procedures isbeing cancelled and replaced byOptional Form 522, Medical Record—Request for Administration ofAnesthesia and For Performance ofOperations and Other Procedures.Several states have differentrequirements in order to meet thestandards in providing informedconsent for anesthesia and theperformance of operations. A singlestandard form will not meet all of thestates needs. Therefore SF 522 is beingcancelled and replaced by OF 522giving the agencies leeway when havingto use a state form. The optional formis authorized for local reproduction.Upon request, a camera copy of OF 520will be provided by the General Services


Administration (CARM), Attn.: BarbaraWilliams, (202) 501–0581.FOR FURTHER INFORMATION CONTACT:Ms. Barbara Williams, General ServicesAdministration, (202) 501–0581.

Dated: January 10, 1995.Theodore D. Freed,Chief, Forms Management Branch.[FR Doc. 95–1826 Filed 1–24–95; 8:45 am]BILLING CODE 6820–34–M

DEPARTMENT OF HEALTH ANDHUMAN SERVICES

Centers for Disease Control andPrevention, National Institute forOccupational Safety and Health

[Announcement Number 521]

Occupational Radiation and Energy-Related Health Research Grants;Notice of Availability of Funds forFiscal Year 1995

IntroductionThe Centers for Disease Control and

Prevention (CDC), National Institute forOccupational Safety and Health(NIOSH), announces that applicationsare being accepted for research projectsrelating to occupational safety andhealth concerns associated withoccupational exposures to radiation andother hazardous agents at nuclearfacilities and in other energy-relatedindustries. Studies in the nuclear powerindustry and deliberate exposure ofhuman subjects in radiationexperiments are outside the scope ofthis announcement.

The Public Health Service (PHS) iscommitted to achieving the healthpromotion and disease preventionobjectives of ‘‘Healthy People 2000,’’ aPHS-led national activity to reducemorbidity and mortality and improvethe quality of life. This announcementis related to the priority area ofOccupational Safety and Health. (Forordering a copy of ‘‘Healthy People2000,’’ see the section ‘‘Where to ObtainAdditional Information.’’)

AuthorityThis program is authorized under the

Public Health Service Act, as amended,Section 301(a) (42 U.S.C. 241(a)) and theOccupational Safety and Health Act of1970, Section 20(a) (29 U.S.C. 669[a]).The applicable program regulations arein 42 CFR Part 52.

Eligible ApplicantsEligible applicants include domestic

and foreign non-profit and for-profitorganizations, universities, colleges,research institutions, and other public

and private organizations, includingState and local governments and small,minority and/or woman-ownedbusinesses.

Smoke-Free WorkplaceThe Public Health Service strongly

encourages all grant recipients toprovide a smoke-free workplace andpromote the non-use of all tobaccoproducts. This is consistent with thePHS mission of promoting theprotection and advancement of anindividual’s physical and mental health.

Availability of FundsApproximately $500,000 is available

in FY 1995 to fund approximately 3 to5 research project grants (R01). Theamount of funding available may varyand is subject to change. Awards willrange from $25,000 to $200,000 in totalcosts (direct and indirect) per year.Awards are expected to begin on orabout September 1, 1995. Awards willbe made for a 12-month budget periodwithin a project period not to exceed 3years. Continuation awards within theproject period will be made on the basisof satisfactory progress and availabilityof funds.

PurposeNIOSH will support applied field

research projects to identify andinvestigate the relationships betweenhealth outcomes and occupationalexposure to radiation and otherhazardous agents; epidemiologicmethods research relevant to energy-related occupational health research;and research related to assessingoccupational exposures.

Programmatic InterestThe focus of grants should reflect the

following topical areas, emphasizingfield research: (1) Occupationalexposure assessment, (2) radiationmeasurement issues, (3) non-cancermorbidity and mortality outcomes, (4)meta-analysis and combined analysismethodologies, (5) uncertainty analysis,(6) effects of measurement error on riskestimates, and (7) studies of currentworkers.

(1) Retrospective Exposure Assessment

Epidemiologic studies of occupationalcohorts frequently involve, and cangenerally benefit from, retrospectiveexposure assessment to provideestimates of exposure or categorizegroups of workers by common exposure.Exposure assessment in energy-relatedoccupational epidemiology requiresevaluating exposures to various hazardsincluding ionizing and non-ionizingradiation, metals, acids, and solvents.

Grant opportunities encompass thefields of industrial hygiene andretrospective exposure assessment ofhealth physics dosimetry. Researchareas of general interest include:Methods to use limited data to bestadvantage; how to treat censored data inretrospective exposure assessment;uncertainty analysis techniques forindustrial hygiene exposure data andhealth physics dosimetry; insight tosampling strategy design yielding arepresentative understanding of exposedgroups; decision logic to select/use themost appropriate exposure metric forepidemiologic and risk assessment use;and, development approaches of‘‘Homogeneous Exposed Groupings’’and the advantages/limitations forepidemiologic use. Researchopportunities of specific interestinclude: reconstruction and doseadjustment of historic film badges;exposure assessment for acid mists,carcinogenic solvents, exotic metals,and leukemogens; assessment ofelectromagnetic field exposure; andevaluation of biomarkers of exposure.

(2) Radiation Measurement Issues

This topic will focus on theapplicability and utility of radiationdose data in epidemiological research.Examples of such issues include how touse nondetectable values and missingdose data in historical radiationexposure measurements, the accuracy ofhistorical external dosimetry techniques(film and pocket dosimeters), combiningexternal and internal doses into a usefulindex, historical bioassay, andradiochemistry techniques.

(3) Non-cancer Morbidity and MortalityOutcomes

The majority of analyticalepidemiologic research of health effectsof energy-related occupational andenvironmental exposures has focusedhistorically on the assessment of theassociation between cancer mortalityand exposure to ionizing radiation.Although the importance of thisresearch should not be underestimated,it is essential that other potentialadverse health effects, as well as otherpossible energy-related exposures, bethoroughly evaluated as well. Amongthese would be the possible effects ofradiation on the reproductive,neurologic, and immune systems.Chemical exposures highly prevalent inDepartment of Energy facilities, such asberyllium and mercury, have also beenassociated with a variety of diseaseoutcomes, particularly respiratory andneurologic in nature.


(4) Meta-Analysis and CombinedAnalysis Methodologies

Many of the cohorts at nuclearfacilities are not individually largeenough to detect statistically significantincreases in mortality or incidence forrare cancer types. Methods and/oranalyses for combining data acrossstudies, whether in summary form orindividual data, are valuable to theNIOSH research effort involving energy-related health research.

(5) Uncertainty AnalysisMeasures of occupational exposure

are inherently uncertain. Even whenmeasures of external radiation exposureare generally available, the models, usedto estimate organ dose, shallow versusdeep dose, neutron dose, etc., aresubject to error. Measures of dosederived from biological monitoring ofurine, feces, blood, etc., are even lessprecise. Methods for assessing thedegree of error in various estimates ofexposure to both ionizing radiation aswell as other toxic agents (chemicals,EMF, etc.) are desirable.

(6) Effects of Measurement Error on RiskEstimates

Estimation of both bias andimprecision introduced into riskanalyses through exposure measurementerror have recently receivedconsiderable attention. Many of thesuggested approaches are very computerintensive. Practical solutions to thisproblem with regard to the spectrum ofepidemiologic designs (cohort, case-control, cross-sectional, etc.) are needed,with particular attention to the nature ofexposure measurement in radiationepidemiology.

(7) Studies of Current WorkersMuch of the epidemiologic research

on nuclear workers conducted atnuclear facilities and other sites hasemphasized retrospective studies. Morerecently new activities involveenvironmental restoration, wastemanagement and other work that is notrelated to the design and production ofnuclear weapons. Workers are beingexposed to radiation and otherhazardous agents under conditions andin processes not previouslyencountered. Exposure assessment,epidemiologic and related studies areneeded to evaluate these new conditionsand processes and the impact on workerhealth.

Inclusion of Minorities and Women inStudy Populations

Applicants are required to give addedattention (where feasible andappropriate) to the inclusion of

minorities and/or women studypopulations for research into theetiology of diseases, research inbehavioral and social sciences, clinicalstudies of treatment and treatmentoutcomes, research on the dynamics ofhealth care and its impact on disease,and appropriate interventions fordisease prevention and healthpromotion. Exceptions would be studiesof diseases which exclusively affectmales or where involvement of pregnantwomen may expose the fetus to unduerisks. If minorities and/or women arenot included in a given study, a clearrationale for their exclusion must beprovided.

Evaluation CriteriaUpon receipt, applications will be

reviewed for completeness andresponsiveness by NIOSH. Incompleteapplications will be returned to theapplicant without further consideration.If NIOSH staff finds that the applicationis not responsive to this announcement,it will be returned without furtherconsideration. If the proposed projectinvolves organizations or persons otherthan those affiliated with the applicantorganization, letters of suport and/orcooperation must be included.

Applications that are complete andresponsive to this announcement will beevaluated for scientific and technicalmerit by an appropriate peer reviewgroup convened by the CDC inaccordance with the review criteriastated below. As part of the initial meritreview, a process (triage) may be usedby the initial review group in whichapplications will be determined to becompetitive or non-competitive basedon their scientific merit relative to otherapplications received in response to thisannouncement. Applications judged tobe competitive will be discussed and beassigned a priority score. Applicationsdetermined to be non-competitive willbe withdrawn from furtherconsideration and the principalinvestigator/program director and theofficial signing for the applicantorganization will be promptly notified.

Review criteria for this announcementis the same as those for unsolicitedresearch grant applications:—Scientific, technical, or medical

significance and originality ofproposed research;

—Appropriateness and adequacy of theexperimental approach andmethodology proposed to carry outthe research;

—Qualifications and researchexperience of the PrincipalInvestigator and staff, particularly butexclusively in the area of theproposed research;

—Availability of resources necessary toperform the research;

—Adequacy of plans to include bothgenders and minorities and theirsubgroups as appropriate for thescientific goals of the research. Plansfor the recruitment and retention ofsubjects will also be evaluated.The review group will critically

examine the submitted budget and willrecommend an appropriate budget andperiod of support for each scoredapplication.

In the secondary (programmaticimportance) review, the followingfactors will be considered:

1. Results of the initial review;2. Magnitude of the problem in terms

of numbers of workers affected;3. Severity of the disease or injury in

the worker population; and4. Usefulness to applied technical

knowledge in the identification,evaluation, and/or control ofoccupational safety and health hazards.

Applicants will compete for availablefunds with all other approvedapplications. The following will beconsidered in making fundingdecisions:

1. Quality of the proposed project asdetermined by peer review;

2. Availability of funds; and3. Program balance among research

areas of the announcement.

Executive Order 12372—Review

Applications are not subject to thereview requirements of Executive Order12372, entitled IntergovernmentalReview of Federal Programs.

Public Health System ReportingRequirement

This program is not subject to thePublic Health System ReportingRequirements.

Catalog of Federal Domestic AssistanceNumber

The Catalog of Federal DomesticAssistance number is 93.262.

Other Requirements

Human Subjects

If the proposed project involvesresearch on human subjects, theapplicant must comply with theDepartment of Health and HumanServices Regulations (45 CFR part 46)regarding the protection of humansubjects. Assurance must be provided todemonstrate that the project will besubject to initial and continuing reviewby an appropriate institutional reviewcommittee. The applicant will beresponsible for providing assurance inaccordance with the appropriate


guidelines and form provided in theapplication kit.

Application Submission and Deadlines

A. Preapplication Letter of IntentAlthough not a prerequisite of

application, a non-binding letter ofintent-to-apply is requested frompotential applicants. The letter shouldbe submitted to the Grants ManagementOfficer (whose address is reflected insection B, ‘‘Applications’’). It should bepostmarked no later than March 15,1995. The letter should identify theannouncement number, name ofprincipal investigator, and specify thepriority area to be addressed by theproposed project. The letter of intentdoes not influence review or fundingdecisions, but it will enable CDC to planthe review more efficiently, and willensure that each applicant receivestimely and relevant information prior toapplication submission.

B. ApplicationsApplicants should use Form PHS–398

(OMB Number 0925–0001) and adhereto the ERRATA Instruction Sheet forForm PHS–398 contained in the GrantApplication Kit. Please submit anoriginal and five copies on or beforeApril 19, 1995 to: Henry S. Cassell, III,Grants Management Officer,Procurement and Grants Office, Centersfor Disease Control and Prevention,(CDC), 255 East Paces Ferry Road, NE.,Room 300, MS-E13, Atlanta, GA 30305.

C. Deadlines1. Applications shall be considered as

meeting a deadline if they are either:A. Received at the above address on

or before the deadline date, orB. Sent on or before the deadline date

to the above address, and received intime for the review process. Applicantsshould request a legibly dated U.S.Postal Service postmark or obtain alegibly dated receipt from a commercialcarrier or the U.S. Postal Service. Privatemetered postmarks shall not be acceptedas proof of timely mailings.

2. Applications which do not meet thecriteria above are considered lateapplications and will be returned to theapplicant.

Where To Obtain AdditionalInformation

All application procedures andguidelines are contained within thepresent announcement. Businessmanagement information may beobained from Lisa G. Tamaroff, GrantsManagement Specialist, Procurementand Grants Office, Centers for DiseaseControl and Prevention (CDC), 255 EastPaces Ferry Road, NE., MS-E13, Atlanta,

GA 30305, telephone (404) 842–6796.Programmatic technical assistance maybe obtained from Roy M. Fleming, Sc.D.,Associate Director for Grants, NationalInstitute for Occupational Safety andHealth, Centers for Disease Control andPrevention (CDC), 1600 Clifton Road,NE., Building 1, Room 3053, MS-D30,Atlanta, GA 30333, telephone (404)639–3343.

When requesting information, pleaserefer to announcement number 521.

Potential applicants may obtain acopy of Healthy People 2000 (FullReport, Stock No. 017–001–00474–0) orHealthy People 2000 (Summary Report,Stock No. 017–001–00473–1) throughthe Superintendent of Documents,Government Printing Office,Washington, DC 20402–9325, telephone(202) 783–3238.

Dated: January 18, 1995.Linda Rosenstock,Director, National Institute for OccupationalSafety and Health, Centers for Disease Controland Prevention (CDC).[FR Doc. 95–1807 Filed 1–24–95; 8:45 am]BILLING CODE 4163–19–P

[CDC–510]

Announcement of CooperativeAgreement to the United StatesConference of Mayors

SummaryThe Centers for Disease Control and

Prevention (CDC) announces theavailability of fiscal year (FY) 1995funds for a sole source cooperativeagreement with the United StatesConference of Mayors (USCM) tocontinue supporting: an informationexchange program among mayors andother local and State governmentofficials concerning HIV prevention;HIV prevention program and policydevelopment; and the provision oftechnical and financial assistance tocommunity-based organizations (CBOs),local and State health departments, andothers involved in health promotion anddisease prevention activities.Approximately $2,000,000 will beavailable in FY 1995 to support thisproject, though the funding estimatemay change. This award will begin onor about May 1, 1995, for a 12 monthbudget period within a 5 year projectperiod. Continuation awards within theproject period will be made if progressis satisfactory and funds are available.

The CDC will assist in identifyingprograms, policies, practices,procedures, and processes pertinent tothe program objectives; collaborate indeveloping, analyzing, and presentingmaterial for information dissemination;

review and comment on all HIV-relatedmaterials intended for dissemination;and assist in identifying communityplanning groups in need of fiscalsupport.

The Public Health Service (PHS) iscommitted to achieving the healthpromotion and disease preventionobjectives of ‘‘Healthy People 2000,’’ aPHS-led national activity to reducemorbidity and mortality and improvethe quality of life. This announcementis related to the priority area of HIVInfection. (For ordering a copy of‘‘Healthy People 2000,’’ see the section‘‘Where to Obtain AdditionalInformation.’’)

AuthorityThis program is authorized under the

Public Health Service Act: Sections301(a) [42 U.S.C. 241(a)], as amended;and 317 [42 U.S.C. 247b], as amended.

Smoke-Free WorkplaceThe Public Health Service strongly

encourages all grant recipients toprovide a smoke-free workplace andpromote the non-use of all tobaccoproducts. This is consistent with thePHS mission to protect and advance thephysical and mental health of theAmerican people.

Eligible ApplicantAssistance will be provided only to

the USCM. No other applications aresolicited. The program announcementand application kit have been sent toUSCM. Eligibility is limited to USCMsince it provides representation fromcity and local officials, including socialservices, education, and othercommunity officials and organizations,in approximately 1,000 cities withpopulations of more than 30,000 and,through its affiliate the United StatesConference of Local Health Officials,provides representation fromapproximately 2,000 additional localhealth officials. USCM was createdspecifically to represent this widevariety of local organizations andcommunity officials to the Federalgovernment and other nationalorganizations and is unique in its roleas a liaison between these officials. Ithas served as a policy-development andcapacity-building organization inintergovernmental affairs for more than60 years and has as one of its majorobjectives the sharing of informationbetween local governments.

USCM has established a unique HIVprevention program that brings together,at the local level, the key playersresponding to the Acquired ImmuneDeficiency Syndrome (AIDS) crisis:mayors, local health department (LHD)


officials, and representatives ofcommunity-based organizations andaffected communities. Currently, thereare three major components of theUSCM HIV/AIDS program: (1)Collaborative HIV/AIDS PreventionGrants; (2) Research and TechnicalAssistance; and (3) CommunityPlanning Case Profiles. Through theseprograms, USCM: (1) Provides financialand technical support to LHDs andCBOs who work together to implementhigh priority HIV preventioninterventions which have beenidentified in previous needsassessments; (2) analyzes anddisseminates information and providestechnical assistance to local and Stategovernments, health departments, andCBOs on innovative and effective HIVprevention-related policies andprograms; and (3) assists CDC in itsassessment of the HIV preventioncommunity planning process.

Executive Order 12372 Review

The application is not subject toIntergovernmental Review of FederalPrograms as governed by ExecutiveOrder 12372.

Public Health System ReportingRequirements



The Catalog of Federal DomesticAssistance number is 93.939, HIV PreventionActivities—Non-GovernmentalOrganizations.


Additional information may beobtained from Kevin Moore, GrantsManagement Specialist, GrantsManagement Branch, Procurement andGrants Office, Centers for DiseaseControl and Prevention (CDC), 255 EastPaces Ferry Road, NE., Room 320,Mailstop E–15, Atlanta, GA 30305,telephone (404) 842–6550.

A copy of ‘‘Healthy People 2000’’(Full Report, Stock No. 017–001–00474–0) or ‘‘Healthy People 2000’’ (SummaryReport, Stock No. 017–001–00473–1)referenced in the ‘‘Summary’’ may beobtained through the Superintendent ofDocuments, Government PrintingOffice, Washington, DC 20402–9325,telephone (202) 783–3238.

Dated: January 17, 1995.Joseph R. Carter,Acting Associate Director for Managementand Operations, Centers for Disease Controland Prevention (CDC).[FR Doc. 95–1806 Filed 1–24–95; 8:45 am]BILLING CODE 4163–18–P

[CDC 520]

An International Collaborative Study ofCancer Risk Among Nuclear IndustryWorkers

Summary

The Centers for Disease Control andPrevention (CDC) announces theavailability of fiscal year (FY) 1995funds for a cooperative agreement withthe World Health Organization (WHO),International Agency for Research onCancer (IARC), to plan and conduct aninternational, collaborative study ofcancer risk among nuclear industryworkers. Approximately $100,000 willbe available in FY 1995 to fund thecooperative agreement. The award willbegin on or about April 1, 1995, for a12-month budget period within a projectperiod of up to 5 years. Fundingestimates may vary and are subject tochange. Continuation award(s) withinthe project period will be made on thebasis of satisfactory progress and theavailability of funds.

The purpose of this cooperativeagreement is to assist the WHO, IARC,in further developing and strengtheningepidemiologic research in order topromote the further understanding ofthe cancer risk associated with long-term, low-level occupational radiationexposure. The effort funded by thisagreement will result in an improvedunderstanding and quantification of thecancer risk encountered by UnitedStates workers in nuclear industries.

CDC/NIOSH will provide assistanceon program management andadministrative matters related to theconduct of the scientific aspects of thecooperative agreement; technical andscientific consultation and assistance inthe implementation of all epidemiologicactivities conducted under thecooperative agreement; scientificconsultation and assistance informulating the research plan; andcollaborate in the preparation of thescientific epidemiologic reports thatresult from the cooperative agreement.

The Public Health Service (PHS) iscommitted to achieving the healthpromotion and disease preventionobjectives of Healthy People 2000, aPHS-led national activity to reducemorbidity and mortality and improvethe quality of life. This announcement

is related to the priority area ofOccupational Safety and Health. (Forordering a copy of Healthy People 2000see the section ‘‘Where To ObtainAdditional Information.’’)

Authority

This program is authorized underSection 301(a) of the Public HealthService Act (42 U.S.C. Section 241(a))and Section 22(e)(7) of the OccupationalSafety and Health Act (29 U.S.C. Section671(e)(7)).

Smoke-Free Workplace

The PHS strongly encourages all grantrecipients to provide a smoke-freeworkplace and promote the non-use ofall tobacco products. This is consistentwith the PHS mission of promoting theprotection and advancement of anindividual’s physical and mental health.

Eligible Applicant

Assistance will be provided only tothe WHO, IARC, Lyon, France, for thisproject. No other applications will besolicited. The program announcementand application kit have been sent toWHO, IARC. This organization is theonly appropriate and qualifiedinstitution to provide the servicesspecified under this cooperativeagreement for the following reasons:

1. Serving as the headquarters forinternational cancer research for theWHO, the IARC is the only organizationwith access to all the necessary datafrom the 14-member nations. No one inthe United States or its territories hasaccess to this data.

2. The IARC serves as the cancerresearch arm of the WHO. Located inLyon, France, the IARC was founded in1965 and is responsible for conductingcancer epidemiologic research,disseminating information on cancercauses and prevention, and assistingcountries in cancer control programs.

3. The IARC has unique experience inplanning and conducting cooperativeinternational epidemiologic studies ofworkers in nuclear industries. In 1988,a collaborative study of over 250,000nuclear workers was undertaken in theUnited States, the United Kingdom, andCanada. This study, now nearingcompletion, was coordinated throughIARC.

4. The IARC has already conducted apreliminary study demonstrating thefeasibility of this investigation and hasin place experts in epidemiology andradiation dosimetry who provided thetechnical assistance and guidancerequired for the study mentioned in 3above. These technical experts will beavailable to plan and oversee this


epidemiologic study of almost 1,000,000nuclear workers in 14 nations.

5. Bringing together investigators fromdifferent countries is a well-developedpractice at IARC. Most of their researchon occupational, environmental orlifestyle hazards has been, or ispresently being, conducted on aninternational basis. This provides theopportunity for a wide selection ofpopulations suitable for epidemiologicinvestigation and facilitates theaccumulation of large studypopulations, thus making theidentification and quantification ofcancer risk easier.

Executive Order 12372—ReviewThe application is not subject to

review under Executive Order 12372.

Public Health System ReportingRequirements



The Catalog of Federal DomesticAssistance Number for this program is93.283.

Other Requirements

Paperwork Reduction ActProjects that involve the collection of

information from 10 or more individualsand funded by the cooperativeagreement will be subject to review bythe Office of Management and Budget(OMB) under the Paperwork ReductionAct.

Human SubjectsIf the proposed project involves

research on human subjects, theapplicant must comply with theDepartment of Health and HumanServices Regulations, 45 CFR part 46,regarding the protection of humansubjects. Assurance must be provided todemonstrate that the project will besubject to initial and continuing reviewby an appropriate institutional reviewcommittee. The applicant will beresponsible for providing assurance inaccordance with the appropriateguidelines and forms provided in theapplication kit.


If you are interested in obtainingadditional information regarding thisproject, please refer to Announcement520 and contact Oppie M. Byrd, GrantsManagement Specialist, GrantsManagement Branch, Procurement andGrants Office, Centers for Disease

Control and Prevention (CDC), 255 EastPaces Ferry Road, NE., Room 300,Mailstop E–13, Atlanta, GA 30305,telephone (404) 842–6546.

A copy of Healthy People 2000 (FullReport, Stock No. 017–001–00474–0) orHealthy People 2000 (Summary Report,Stock No. 017–001–00473–1) referencedin the ‘‘Summary’’ may be obtainedthrough the Superintendent ofDocuments, Government PrintingOffice, Washington, DC 20402–9325,telephone (202) 783–3238.

Dated: January 19, 1995.Richard A. Lemen,Acting Director, National Institute forOccupational Safety and Health, Centers forDisease Control and Prevention (CDC).[FR Doc. 95–1808 Filed 1–24–95; 8:45 am]BILLING CODE 4163–19–P

Advisory Committee on ImmunizationPractices; Meeting

In accordance with section 10(a)(2) ofthe Federal Advisory Committee Act(Pub. L. 92–463), the Centers for DiseaseControl and Prevention (CDC)announces the following committeemeeting:

Name: Advisory Committee onImmunization Practices.

Times and Dates: 8:30 a.m.–6:30 p.m.,February 9, 1995. 8:15 a.m.–4:45 p.m.,February 10, 1995.

Place: CDC, Auditorium A, Building 2,1600 Clifton Road, NE, Atlanta, Georgia30333.

Status: Open to the public, limited only bythe space available.

Purpose: The committee is charged withadvising the Director, CDC, on theappropriate uses of immunizing agents.

Matters to be Discussed: The committeewill discuss recommendations for preventionof hepatitis A: Hepatitis A vaccine andimmune globulin; revised recommendationsfor hepatitis B vaccination; update onvaricella vaccine; status on principles andguidelines for combination products;vaccines for children (VFC): influenzavaccine in VFC, hepatitis B for adolescents inVFC, hepatitis A, MMR2—expanded use inVFC; pneumococcal polysaccharide vaccine;adolescent vaccination; poliomyelitisprevention; influenza: 1995–96 influenzavaccine strain selection, 1995–96 influenzavaccine and antiviral recommendations,influenza-associated morbidity duringpregnancy, assessment of BBS risk associatedwith 1993–94 and 1994–95 influenzavaccination, optimal needle length forintramuscular injection into the deltoid,national estimates of influenza vaccinationrates; update on meningococcalrecommendation; report of a meetingregarding conflicting immunizationguidelines and harmonization of theAdvisory Committee on ImmunizationPractices/American Academy of Pediatricsrecommendations with the Food and Drug

Administration labeling; update onsimplification; progress towards 1996 diseasereduction goals; recommendations forimmunization linkage with the women’s,infants, and children program; vaccine safety;an update on the Injury CompensationProgram; an update on the National VaccineProgram; and a presentation on acellularpertussis. Other matters of relevance amongthe committee’s objectives may be discussed.

Agenda items are subject to change aspriorities dictate.

For Further Information Contact: Gloria A.Kovach, Committee Management Specialist,CDC (1–B72), 1600 Clifton Road, NE.,Mailstop A20, Atlanta, Georgia 30333,telephone 404/639–3851.

Dated: January 18, 1995.William H. Gimson,Acting Associate Director for PolicyCoordination, Centers for Disease Control andPrevention (CDC).[FR Doc. 95–1805 Filed 1–24–95; 8:45 am]BILLING CODE 4163–18–M


Food and Drug Administration[Docket No. 94F–0454]

Lyondell-Citgo Refining Co., Ltd.;Filing of Food Additive Petition

AGENCY: Food and Drug Administration,HHS.ACTION: Notice.

SUMMARY: The Food and DrugAdministration (FDA) is announcingthat Lyondell-Citgo Refining Co., Ltd.,has filed a petition proposing that thefood additive regulations be amended toprovide for the safe use of white mineraloil as a dust control agent for rough rice.DATES: Written comments on thepetitioner’s environmental assessmentby February 24, 1995.ADDRESSES: Submit written commentsto the Dockets Management Branch(HFA–305), Food and DrugAdministration, rm. 1–23, 12420Parklawn Dr., Rockville, MD 20857.FOR FURTHER INFORMATION CONTACT:Blondell Anderson, Center for FoodSafety and Applied Nutrition (HFS–207), Food and Drug Administration,200 C St. SW., Washington, DC 20204,202–418–3106.SUPPLEMENTARY INFORMATION: Under theFederal Food, Drug and Cosmetic Act(sec. 409(b)(5) (21 U.S.C. 348(b)(5))),notice is given that a food additivepetition (FAP 5A4440) has been filed byLyondell-Citgo Refining Co., Ltd., P.O.Box 2451, Houston, TX 77252–2451.The petition proposes to amend the foodadditive regulations in § 172.878 Whitemineral oil (21 CFR 172.878) to providefor the safe use of white mineral oil as


a dust control agent for rough rice at anapplication rate of 800 parts per million.

The potential environmental impactof this action is being reviewed. Toencourage public participationconsistent with regulations promulgatedunder the National EnvironmentalPolicy Act (40 CFR 1501.4(b)), theagency is placing the environmentalassessment submitted with the petitionthat is the subject of this notice onpublic display at the DocketsManagement Branch (address above) forpublic review and comment. Interestedpersons may, on or before February 24,1995, submit to the DocketsManagement Branch (address above)written comments. Two copies of anycomments are to be submitted, exceptthat individuals may submit one copy.Comments are to be identified with thedocket number found in brackets in theheading of this document. Receivedcomments may be seen in the officeabove between 9 a.m. and 4 p.m.,Monday through Friday. FDA will alsoplace on public display anyamendments to, or comments on, thepetitioner’s environmental assessmentwithout further announcement in theFederal Register. If, based on its review,the agency finds that an environmentalimpact statement is not required andthis petition results in a regulation, thenotice of availability of the agency’sfinding of no significant impact and theevidence supporting that finding will bepublished with the final regulation inthe Federal Register in accordance with21 CFR 25.40(c).

Dated: January 13, 1995.Alan M. Rulis,Acting Director, Office of PremarketApproval, Center for Food Safety and AppliedNutrition.[FR Doc. 95–1766 Filed 1–24–95; 8:45 am]BILLING CODE 4160–01–F

Food and Drug Administration

[Docket No. 94D–0300]

International Harmonization; DraftPolicy on Standards; Availability;Correction

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

SUMMARY: The Food and DrugAdministration (FDA) is correcting anotice that appeared in the FederalRegister of November 28, 1994 (59 FR60870). The document provided a draftpolicy statement of the agency’sdevelopment and use of standards with

respect to international harmonizationof regulatory requirements andguidelines. Specifically, the draft policyaddressed the conditions under whichFDA participates with standards bodiesoutside of FDA, domestic orinternational, in the development ofstandards applicable to productsregulated by FDA. The document waspublished with some typographical andinadvertent errors. This documentcorrects those errors.FOR FURTHER INFORMATION CONTACT:Linda Horton, International Policy Staff(HF-23), Food and Drug Administration,5600 Fishers Lane, Rockville, MD20857, 301–443–2831.

In FR Doc. 94–29116, appearing onpage 60870, in the Federal Register ofNovember 28, 1994, the followingcorrections are made:

1. On page 60872, in the secondcolumn, in the eighth line from thebottom, the word ‘‘Biologic’’ is correctedto read ‘‘Biologics’’; in the third column,in the first full paragraph, in the 21stline, the acronym ‘‘(PhMA)’’ is correctedto read ‘‘(PhRMA)’’; and in the samecolumn, beginning in the second linefrom the bottom, the words‘‘standardizing the safety-relatedterminology used in adverse experiencereporting’’ are corrected to read‘‘standardizing medical definitions andadverse experience reporting’’.

2. On page 60873, in the first column,in the first full paragraph, in the fourthline from the bottom of the paragraph,the word ‘‘Device’’ is corrected to read‘‘Devices’’.

Dated: January 18, 1995.William K. Hubbard,Interim Deputy Commissioner for Policy.[FR Doc. 95–1767 Filed 1–24–95; 8:45 am]BILLING CODE 4160–01–F

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR–030–03–1220–04; G5–051]

Notice of Prohibited Acts in OwyheeNational Wild and Scenic River Area;Correction

AGENCY: Vale District, Bureau of LandManagement, Interior.ACTION: Correction.

SUMMARY: In notice document 94–30765beginning on page 64693 in the issue ofThursday, December 15, 1994, make thefollowing correction.

On page 64693 in the third columnthe SUMMARY Section previously stated

paragraph 1. Fire a. Building ormaintaining any open campfires exceptthose contained in a firepan or similarmetal container. This should be changedto read 1. Fire a. Building ormaintaining any open campfires exceptthose contained in a firepan or similarcontainer.James E. May,District Manager.[FR Doc. 95–1788 Filed 1–24–95; 8:45 am]BILLING CODE 4310–33–M

National Park Service

Pea Ridge National Military ParkAdvisory Team; Notice of Meeting

Notice is hereby given in accordancewith the Federal Advisory CommitteeAct that a meeting of the Pea RidgeNational Military Park Advisory Teamwill be held at 6 p.m., on Thursday,February 16, 1995, in the park visitorcenter auditorium, 15930 Highway 62,Garfield, Arkansas.

The Pea Ridge National Military ParkAdvisory Team was established underauthority of section 3 of Public Law 91–383 (16 U.S.C. 1a–2(c)) to provide aforum for dialogue between communityrepresentatives and the Pea RidgeNational Military Park on managementissues affecting the park and thecommunity.

The matter to be discussed at thismeeting includes:

—Boundary Study

The meeting will be open to thepublic. However, facilities and space foraccommodating members of the publicare limited, and persons will beaccommodated on a first-come-firstserve basis. Any member of the publicmay file a written statement concerningthe matters to be discussed with theSuperintendent, Pea Ridge NationalMilitary Park.

Persons wishing further informationconcerning this meeting, or who wish tosubmit written statements may contactSteve Adams, Superintendent, PeaRidge National Military Park, P.O. Box700, Pea Ridge, AR 72751–0700,Telephone 501/451–8122.

Minutes of the meeting will beavailable for public inspection fourweeks after the meeting at the office ofPea Ridge National Military Park.

Dated: January 12, 1995.John D. Linahan,Acting Regional Director, Southwest Region.[FR Doc. 95–1769 Filed 1–24–95; 8:45 am]BILLING CODE 4310–70–M


National Register of Historic Places;Notification of Pending Nominations

Nominations for the followingproperties being considered for listingin the National Register were receivedby the National Park Service beforeJanuary 14, 1995. Pursuant to § 60.13 of36 CFR part 60 written commentsconcerning the significance of theseproperties under the National Registercriteria for evaluation may be forwardedto the National Register, National ParkService, P.O. Box 37127, Washington,DC 20013–7127. Written commentsshould be submitted by February 9,1995.Carol D. Shull,Chief of Registration, National Register.

CALIFORNIA

San Bernardino County

Foxtrot Petroglyph Site, Address Restricted,Twentynine Palms vicinity, 95000044

FLORIDA

Broward County

Hollywood Woman’s Club, 501 N. 14th Ave.,Hollywood, 95000055

Indian River County

Vero Beach Woman’s Club, 1534 21st St.,Vero Beach, 95000051

Sarasota County

Bee Ridge Woman’s Club, 4919 Andrew Ave.,Sarasota vicinity, 95000052

NEW YORK

Cayuga County

Allen, Henry, House (Moravia MPS), 12 E.Cayuga St., Moravia, 95000060

House at 17 Aurora Street (Moravia MPS), 17Aurora St., Moravia, 95000057



House at 31 West Cayuga Street (MoraviaMPS), 31 W. Cayuga, Moravia, 95000062

House at 36 South Main Street (MoraviaMPS), 36 S. Main St., Moravia, 95000064

House at 37 West Cayuga Street (MoraviaMPS), 37 W. Cayuga St., Moravia,95000063

House at 46 South Main Street (MoraviaMPS), 36 S. Main St., Moravia, 95000065

McGeer, John, House (Moravia MPS), 7Aurora St., Moravia, 95000056

Morse Farm (Moravia MPS), 53 S. Main St.,Moravia, 95000067

Sager House (Moravia MPS), 12 W. CayugaSt., Moravia, 95000061

Tuthill—Green House (Moravia MPS), 52 S.Main St., Moravia, 95000066

Chenango County

White Store Church and Evergreen Cemetery,Jct. of NY 8 and White Store Rd., 4 mi. Sof South New Berlin, Norwich, 95000047

Erie County

Rich—Twinn Octagon House, 145 Main St.,Akron, 95000050

Fulton County

Rice, Oliver, House, Old NY 30, E side,Mayfield vicinity, 95000046

Ulster County

Holy Cross Monastery, NY 9W, E side, WestPark vicinity, 95000045

NORTH DAKOTA

Barnes County

State Normal School at Valley City HistoricDistrict, Roughly bounded by College St.,SE., Second Ave., SE., Viking Dr. andSecond Ave., SW., Valley City, 95000049

OKLAHOMA

Beckham County

Casa Grande Hotel (Route 66 in OklahomaMPS), 103 E. Third St., Elk City, 95000043

Magnolia Service Station (Route 66 inOklahoma MPS), Jct. of Elm St. and US 66,SW corner, Texola, 95000028

Craig County

Randall Tire Company (Route 66 inOklahoma MPS), 237 S. Wilson St., Vinita,95000029

Spraker Service Station (Route 66 inOklahoma MPS), 240 S. Wilson St., Vinita,95000030

Creek County

Bridge No. 18 at Rock Creek (Route 66 inOklahoma MPS), Jct. of US 66 and RockCr., Sapulpa vicinity, 95000031

Bristow Motor Company Building (Route 66in Oklahoma MPS), 500 N. Main St.,Bristow, 95000032

Bristow Tire Shop (Route 66 in OklahomaMPS), 115 W. Fourth St., Bristow,95000033

Texaco Service Station (Route 66 inOklahoma MPS), 201 W. Fourth Ave.,Bristow, 95000034

Lincoln County

Crane Motor Company Building (Route 66 inOklahoma MPS), 722 Manvel Ave.,Chandler, 95000036

Hotel Lincoln (Route 66 in Oklahoma MPS),323 Main St., Stroud, 95000037

St. Cloud Hotel (Route 66 in Oklahoma MPS),1216 Manvel Ave., Chandler, 95000035

Oklahoma County

Threatt Filling Station (Route 66 inOklahoma MPS), Jct. of US 66 andPottawatomi Rd., SW corner, Luthervicinity, 95000038

Ottawa County

Cities Service Station (Route 66 in OklahomaMPS), Jct. of First St. and Central Ave.,Afton, 95000039

Horse Creek Bridge (Route 66 in OklahomaMPS), Jct. of US 66 and Horse Cr., Aftonvicinity, 95000040

Miami Marathon Oil Company ServiceStation (Route 66 in Oklahoma MPS), 331S. Main St., Miami, 95000041

Rogers County

Claremore Auto Dealership (Route 66 inOklahoma MPS), 625 W. Will Rogers Blvd.,Claremore,95000042

TENNESSEE

Claiborne County

Powell Valley Male Academy, Jct. of Old TN63 and Academy Rd., Speedwell, 95000053

TEXAS

Bell County

Hendrickson—Caskey House (Salado MRA),Center Circle, Salado, 95000054

Tarrant County

Electric Building, 410 W. 7th St., Fort Worth,95000048

[FR Doc. 95–1768 Filed 1–24–95; 8:45 am]BILLING CODE 4310–70–M

Notice of Intent to Repatriate a CulturalItem in the Possession of the NavajoNation Museum, Window Rock,Arizona

AGENCY: National Park Service, Interior

ACTION: Notice

Notice is hereby given under theNative American Graves Protection andRepatriation Act of 1990 of the intent torepatriate a cultural item in thepossession of the Navajo NationMuseum, Window Rock, AZ, that meetsthe definitions of ‘‘sacred object’’ and‘‘object of cultural patrimony’’ undersection 2 of the act.

On November 16, 1993, the NavajoNation Museum sent summaryinformation on their collections to theOneida Tribe of Indians of Wisconsin.In response to this information,representatives of the Oneida Tribe ofIndians of Wisconsin visited the NavajoNation Museum in October, 1994,identified a carved wooden mask asbeing a sacred object and an object ofcultural patrimony, and requested itsrepatriation.

The carved wooden mask isapproximately life size. The nose of themask is twisted at an angle. The eyesockets are lined with copper sheeting.Two pieces of horse tail are nailed to thetop of the mask so that the hair falls oneither side of the face. The surface of themask is painted red. A buckskin loop isnailed to the top for hanging the mask.Museum records indicate that the maskwas ordered from White Deer IndianTraders of Stevens Point, Wisconsin, in1961.

Representatives of the Oneida Tribe ofIndians of Wisconsin have identifiedthis item as a medicine or false facemask. Such masks represent the powerof particular medicine beings. This


1 The record is defined in sec. 207.2(f) of theCommission’s Rules of Practice and Procedure (19CFR 207.2(f)).

2 The product covered by this investigation ismanganese sulfate, including manganese sulfatemonohydrate (MnSO4•H2O) and any other formswhether or not hydrated, without regard to form,shape, or size, the addition of other elements, thepresence of other elements as impurities, and/or themethod of manufacture.

particular mask represents the Red-Faced Spirit, also known as Keel-Nose.The Oneida Tribe of Indians ofWisconsin resides within sixty miles ofStevens Point, Wisconsin.

Representatives of the Oneida Tribe ofIndians of Wisconsin affirm that thisspecific false face mask is needed by thetraditional religious leaders of theOneida Tribe of Indians of Wisconsinfor the practice of the traditional mid-winter ceremony by present-dayadherents. Representatives of theOneida Tribe of Indians of Wisconsinalso affirm that this false face mask isowned collectively by the members ofthe Oneida Tribe of Indians ofWisconsin and no individual had theright to sell or otherwise alienate themask.

Based on the above mentionedinformation, officials of the NavajoNation Museum have determined that,pursuant to 25 U.S.C. 3001 (2), there isa relationship of shared group identitywhich can be reasonably traced betweenthis false face mask and the OneidaTribe of Indians of Wisconsin. Officialsof the Navajo Nation Museum have alsodetermined that this false face maskmeets the definitions of sacred objectand object of cultural patrimonypursuant to 25 U.S.C. 3001 (3)(C).

Representatives of any other Indiantribe that believes itself to be culturallyaffiliated with this object should contactClarenda Begay, Museum Director,Navajo Nation Museum, Window Rock,Arizona, 86515, telephone (602) 871–6673 before February 24, 1995.Repatriation of this false face mask tothe Oneida Tribe of Indians ofWisconsin can begin after that date if noadditional claimants come forward.Dated: January 20, 1995.Francis P. MacManamon,Departmental Consulting Archeologist,Chief, Archeological Assistance Division.[FR Doc. 95-1876 Filed 1-24-95; 8:45 am]BILLING CODE 4310–70–F

INTERNATIONAL TRADECOMMISSION

[Investigation No. 731–TA–725(Preliminary)]

Maganese Sulfate From the People’sRepublic of China

Determination

On the basis of the record 1 developedin the subject investigation, theCommission unanimously determines,

pursuant to section 733(a) of the TariffAct of 1930 (19 U.S.C. 1673b(a)), thatthere is a reasonable indication that anindustry in the United States ismaterially injured by reason of importsfrom the People’s Republic of China(China) of manganese sulfate, providedfor in subheading 2833.29.50 of theHarmonized Tariff Schedule of theUnited States, that are alleged to be soldin the United States at less than fairvalue (LTFV).2

Background

On November 30, 1994, a petition wasfiled with the Commission and theDepartment of Commerce by AmericanMicroTrace Corporation, Virginia Beach,VA, alleging that an industry in theUnited States is materially injured andthreatened with material injury byreason of LTFV imports of manganesesulfate from China. Accordingly,effective November 30, 1994, theCommission instituted antidumpinginvestigation No. 731–TA–725(Preliminary).

Notice of the institution of theCommission’s investigation and of apublic conference to be held inconnection therewith was given byposting copies of the notice in the Officeof the Secretary, U.S. InternationalTrade Commission, Washington, DC,and by publishing the notice in theFederal Register of December 8, 1994.(59 F.R. 63379). The conference washeld in Washington, DC, on December21, 1994, and all persons who requestedthe opportunity were permitted toappear in person or by counsel.

The Commission transmitted itsdetermination in this investigation tothe Secretary of Commerce on January17, 1995. The views of the Commissionare contained in USITC Publication2848 (January 1995), entitled‘‘Manganese Sulfate from the People’sRepublic of China: Investigation No.731–TA–725 (Preliminary).’’

Issued: January 18, 1995.

By order of the Commission.

Donna R. Koehnke,Secretary.[FR Doc. 95–1863 Filed 1–24–95; 8:45 am]


[Investigation No. 337–TA–358]

Certain Recombinantly ProducedHuman Growth Hormones; Notice ofCommission Determinations (1) Not ToReview Those Portions of theAdministrative Law Judge’s InitialDetermination Dismissing theComplaint With Prejudice andTerminating the Investigation as aSanction for Complainant’s DiscoveryAbuse; (2) To Take No Position on theRemainder of the Initial Determination;Termination of Investigation Based ona Finding of No Violation of Section337 of the Tariff Act of 1930

AGENCY: U.S. International TradeCommission.ACTION: Notice.

SUMMARY: Notice is hereby given thatthe U.S. International TradeCommission (Commission) hasdetermined not to review the portion ofthe presiding administrative law judge’s(ALJ’s) final initial determination (ID) inthe above-referenced investigationdismissing the complaint with prejudiceas a sanction for complainant’smisconduct during discovery, and totake no position on the remainder of theID in accordance with BeloitCorporation v. Valmet Oy, TVP PaperMachines, Inc., and the United StatesInternational Trade Commission, 742 F.2d 1421 (Fed. Cir. 1984). Notice is alsogiven that the Commission has deniedcomplainant Genentech’s motion tosupplement the record, and also deniedGenentech’s motion for leave to reply toan opposition to Genentech’s motion tosupplement the record.FOR FURTHER INFORMATION CONTACT:Scott Andersen, Esq., telephone 202–205–3099, or Cynthia Johnson, Esq.,telephone 202–205–3098, Office of theGeneral Counsel, U.S. InternationalTrade Commission.SUPPLEMENTARY INFORMATION: TheCommission instituted this investigationon September 29, 1993, based on acomplaint filed by Genentech, Inc. ofSouth San Francisco, California. 58 FR50954. The following six firms werenamed as respondents: Novo Nordisk A/S of Denmark; Novo Nordisk of NorthAmerica, Inc. of New York; NovoNordisk Pharmaceuticals, Inc. of NewJersey; ZymoGenetics, Inc. of Seattle,Washington (collectively, the Novorespondents); Bio-Technology GeneralCorp. of New York; and Bio-TechnologyGeneral Corp. (Israel) Ltd. (collectively,the BTG respondents). The Commissionalso provisionally accepted Genentech’smotion for temporary relief. Id. TheCommission terminated the temporaryrelief proceedings as to the Novo


respondents on the basis of a consentorder. 58 FR 60672 (November 17,1993).

The ALJ held an evidentiary hearingon temporary relief from December 13through December 18, 1993. On January26, 1994, the ALJ issued an ID denyingGenentech’s motion for temporary relief.The temporary relief ID was adopted bythe Commission on February 25, 1994.

On March 2, 1994, the ALJ designatedthe permanent phase of theinvestigation ‘‘more complicated’’.

The evidentiary hearing on issuesconcerning permanent reliefcommenced on April 11, 1994, andconcluded on April 24, 1994. On July28, 1994, the ALJ issued an ID delayingthe issuance of his final ID onpermanent relief until November 29,1994. On August 22, 1994, theCommission determined not to reviewthat ID.

On August 29, 1994, the BTG andNovo respondents individually movedfor an order imposing sanctions againstcomplainant Genentech for allegeddiscovery abuse and reopening therecord for the reception of additionaldocumentary evidence. In his final ID,issued on November 29, 1994, the ALJgranted the motion for sanctions, anddenied the requests to reopen therecord. In the ID, the ALJ dismissed thecomplainant with prejudice andterminated the investigation as asanction for Genentech’s misconductduring discovery. Additionally, the ALJissued an opinion ruling on the meritsof the investigation based on theevidentiary record as it closed on April24, 1994.

On December 12, 1994, complainantGenentech and the Commissioninvestigative attorney filed petitions forreview of the ID. The Novo respondentsfiled a contingent petition for review.On December 19, 1994, all parties filedresponses to the petitions for review.

On December 12, 1994, complainantGenentech filed a motion to supplementthe Commission record. Responses toGenentech’s motion were filed by theBTG respondents, the Novorespondents, and the IA. TheCommission denied Genentech’s motionon the basis that the record, as definedby interim rule 210.43(a), alreadyincludes the documents at issue. OnDecember 20, 1994, Genentech movedfor leave to reply to the BTGrespondents’ opposition to Genentech’smotion to supplement the record. TheCommission denied Genentech’s motionfor leave to reply as moot in view of itsdenial of Genentech’s motion tosupplement the record.

This action is taken under theauthority of section 337 of the Tariff Act

of 1930, 19 U.S.C. 1337, andCommission interim rule 210.53, 19C.F.R. 210.53.

Copies of the ID and all othernonconfidential documents filed inconnection with this investigation are orwill be available for inspection duringofficial business hours (8:45 a.m. to 5:15p.m.) in the Office of the Secretary, U.S.International Trade Commission, 500 EStreet S.W., Washington, D.C. 20436,telephone 202–205–2000. Hearing-impaired persons are advised thatinformation on the matter can beobtained by contacting theCommission’s TDD terminal on 202–205–1810.

Issued: January 17, 1995.By order of the Commission.

Donna R. Koehnke,Secretary.[FR Doc. 95–1864 Filed 1–24–95; 8:45 am]BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Notice of Consent Decree in ActionBrought Under the Clean Air Act

Notice is hereby given that a proposedConsent Decree in United States v.Lafarge, et al., Civil Action No. 4–94CV–356Y, was lodged with theUnited States District Court for theNorthern District of Texas on December29, 1994. This Consent Decree resolvesa Complaint filed by the United Statesagainst Victor Yorstoun pursuant toSection 112 of the Clean Air Act, 42U.S.C. 7412.

The United States Department ofJustice brought this action on behalf ofthe U.S. Environmental ProtectionAgency, seeking to impose civilpenalties and injunctive relief onLafarge, Inc., Victor Yorstoun and ArtO’Shea for their alleged violations of theNational Emission Standards for theiralleged violation of the NationalEmission Standards for Hazardous AirPollutants (‘‘the NESHAP’’) for asbestosduring demolition activities at a millbuilding at the Lafarge cementmanufacturing and distribution facilityin Fort worth, Texas. The NESHAP forasbestos consists of regulationspromulgated by EPA pursuant to theClean Air Act.

The settlement in this case requiresdefendant Yorstoun to comply with theasbestos NESHAP in all futuredemolition and activities which heowns or operates.

The Department of Justice will acceptwritten comments relating to thisproposed Consent Decree for thirty (30)days from the date of publication of this

notice. Please address comments to theAssistant Attorney General,Environment and Natural ResourcesDivision, Department of Justice, P.O.Box 7611, Ben Franklin Station,Washington, DC 20044 and refer toUnited States v. Lafarge, DOJ number90–5–2–1–1865.

Copies of the proposed ConsentDecree may be examined at the office ofthe United States Attorney, NorthernDistrict of Texas, 801 Cherry Street,Suite 1700, Fort Worth, Texas 76102,and at the U.S. EnvironmentalProtection Agency, Office of theRegional Counsel, Region VI, 1445 RossAvenue, Dallas, Texas, 75202. Copies ofthe proposed Consent Decree may alsobe obtained from the Consent DecreeLibrary, 1120 G Street NW., 4th Floor,Washington, DC 20005. A copy of theproposed Consent Decree may beobtained by mail or in person from theConsent Decree Library. Whenrequesting a copy of the Consent Decree,please enclose a check in the amount of$3.25 (25 cents per page reproductioncosts) payable to the Consent DecreeLibrary.Bruce S. Gelber,Acting Chief, Environmental EnforcementSection, Environment and Natural ResourcesDivision.[FR Doc. 95–1824 Filed 1–24–95; 8:45 am]BILLING CODE 4410–01–M

Notice of Lodging of Consent DecreePursuant to the ResourceConservation and Recovery Act, 42U.S.C. 6901 et seq.

In accordance with Departmentalpolicy, 28 C.F.R. § 50.7, notice is herebygiven that a proposed Consent Decree inUnited States v. Payne and Dolan, Inc.,Civil Action No. 95–C–24 was lodged onJanuary 9, 1995, with the United StatesDistrict Court for the Eastern District ofWisconsin.

The proposed Consent Decreeconcerns the Key Terminals Facility,which is located on approximately 11acres on North Main Street, inKewaunee, Wisconsin. Pursuant to theproposed Consent Decree, and theResource Conservation and RecoveryAct, as amended (‘‘RCRA’’), 42 U.S.C.6901 et seq., Payne and Dolan, Inc. willpay the United States a penalty of$240,000. Pursuant to other terms of thepropose settlement, Payne and Dolanwill also complete RCRA closure of theKey Terminals facility under a planapproved by the Wisconsin Departmentof Natural Resources (‘‘WDNR’’).

The Department of Justice willreceive, for a period of thirty (30) daysfrom the date of this publication,


comments relating to the proposedConsent Decree. Comments should beaddressed to the Assistant AttorneyGeneral for the Environment andNatural Resources Division, Departmentof Justice, Washington, DC 20530, andshould refer to United States v. Payneand Dolan, Inc., DOJ Ref. #90–7–1–711.

The proposed Consent Decree may beexamined at the office of the UnitedStates Attorney, United StatesCourthouse, 517 E. Wisconsin Avenue,Room 330, Milwaukee, Wisconsin53202; the Region V Office of theEnvironmental Protection Agency, 77West Jackson Blvd., Chicago, Illinois60604; and at the Consent DecreeLibrary, 1120 G Street, N.W., 4th Floor,Washington, DC 20005, (202) 624–0892.A copy of the proposed consent decreemay be obtained in person or by mailfrom the Consent Decree Library. Inrequesting a copy please refer to thereferenced case and enclose a check inthe amount of $7.25 (25 cents per pagereproduction costs), payable to theConsent Decree Library.Bruce Gelber,Acting Chief, Environmental EnforcementSection, Environment and Natural ResourcesDivision.[FR Doc. 95–1825 Filed 1–24–95; 8:45 am]BILLING CODE 4410–01–M

Notice of Lodging of Consent DecreeUnder Comprehensive EnvironmentalResponse, Compensation, and LiabilityAct

Notice is hereby given that on January10, 1995, in United States v. SeymourRecycling Corp., et al. (Civ. No. IP–80–4567–C), the United States lodged aproposed Consent Decree in the UnitedStates District Court for the SouthernDistrict of Indiana.

In Seymour Recycling, the UnitedStates sought recovery of response costsincurred by the United States at theSeymour Recycling Superfund sitelocated in Seymour, Indiana, as well asperformance of remedial action at thesite. The proposed Decree would resolvethe liability of Blatz Paint Company, oneof the remaining defendants in this case,under Sections 106 and 107 of theComprehensive EnvironmentalResponse, Compensation, and LiabilityAct (‘‘CERCLA’’), 42 U.S.C. 9606 &9607, for recovery of response costsincurred by the United States at the Siteand for future liability at the Site.Almost all other parties in SeymourRecycling have resolved their liability tothe United States under prior costrecovery or remedial action settlements.

Under the terms of the proposedConsent Decree, Blatz Paint Company

will pay the United States $30,000 inreturn for covenants not to sue for pastand future CERCLA liability at theSeymour Recycling Superfund Site.

The Department of Justice willreceive, for a period of thirty (30) daysfrom the date of this publication,comments relating to the proposedConsent Decree. Comments should beaddressed to the Assistant attorneyGeneral, U.S. Department of Justice,Washington, D.C. 20530, and shouldrefer to United States v. SeymourRecycling Corp., et al., DOJ Ref. #62–26S–19.

The proposed Consent Decree may beexamined at the office of the UnitedStates Attorney, Southern District ofIndiana, 46 East Ohio Street (5th floor),Indianapolis, Indiana, and at the officesof the U.S. Environmental ProtectionAgency, Region 5, Office of RegionalCounsel, 200 West Adams (29th Floor),Chicago, Illinois. Copies of the proposedConsent Decree may be obtained inperson or by mail from the ConsentDecree Library, 1120 G Street, N.W., 4thFloor, Washington, D.C. 20005, (202)624–0892. In requesting a copy, pleaseenclose a check in the amount of $3.00(25 cents per page reproduction costs),payable to the ‘‘Consent DecreeLibrary.’’Bruce S. Gelber,Acting Chief, Environmental EnforcementSection, Environment and Natural ResourcesDivision.[FR Doc. 95–1823 Filed 1–24–95; 8:45 am]BILLING CODE 4410–01–M

Drug Enforcement Administration

Manufacturer of ControlledSubstances; Notice of Registration

By Notice dated November 29, 1994,and published in the Federal Registeron December 6, 1994, (59 FR 62750),Ansys, Inc., 2 Goodyear, Irvine,California 92718, made application tothe Drug Enforcement Administration(DEA) to be registered as a bulkmanufacturer of the basic classes ofcontrolled substances listed below:

Drug Schedule

Phencyclidine (7471) .................... II1-Piperidinocyclohexane-

carbonitrile (8603) ..................... II

No comments or objections have beenreceived. Therefore, pursuant to Section303 of the Comprehensive Drug AbusePrevention and Control Act of 1970 andTitle 21, Code of Federal Regulations,Section 1301.54(e), the Deputy AssistantAdministrator, Office of DiversionControl, hereby orders that the

application submitted by the above firmfor registration as a bulk manufacturerof the basic classes of controlledsubstances listed above is granted.

Dated: January 17, 1995.Gene R. Haislip,Deputy Assistant Administrator, Office ofDiversion Control, Drug EnforcementAdministration.[FR Doc. 95–1772 Filed 1–24–95; 8:45 am]BILLING CODE 4410–09–M

Importation of Controlled Substances;Notice of Application

Pursuant to Section 1008 of theControlled Substances Import andExport Act (21 U.S.C. 958(i), theAttorney General shall, prior to issuinga registration under this Section to abulk manufacturer of a controlledsubstance in Schedule I or II and priorto issuing a regulation under Section1002(a) authorizing the importation ofsuch a substance, providemanufacturers holding registrations forthe bulk manufacture of the substancean opportunity for a hearing.

Therefore, in accordance with Section1311.42 of Title 21, Code of FederalRegulations (CFR), notice is herebygiven that on November 21, 1994,Knight Seed Company, Inc., 151 W.126th Street, Burnsville, Minnesota55337, made application to the DrugEnforcement Administration to beregistered as an importer of Marihuana(7360) a basic class of controlledsubstance in Schedule I.

This application is exclusively for theimportation of marihuana seed whichwill be rendered non-viable and used asbird seed.

Any manufacturer holding, orapplying for, registration as a bulkmanufacturer of this basic class ofcontrolled substance may file writtencomments on or objections to theapplication for a hearing on suchapplication in accordance with 21 CFR1301.54 in such form as prescribed by21 CFR 1316.47.

Any such comments, objections, orrequests for a hearing may be addressedto the Deputy Assistant Administrator,Office of Diversion Control, DrugEnforcement Administration, UnitedStates Department of Justice,Washington, DC 20537, Attention: DEAFederal Register Representative (CCR),and must be filed no later than (30 daysfrom publication).

This procedure is to be conductedsimultaneously with and independentof the procedures described in 21 (CFR1311.42(b), (c), (d), (e), and (f). As notedin a previous notice at 40 FR 43745–46(September 23, 1975), all applicants for


registration to import a basic class ofany controlled substance in Schedule Ior II are and will continue to be requiredto demonstrate to the Deputy AssistantAdministrator, Office of DiversionControl, Drug EnforcementAdministration that the requirementsfor such registration pursuant to 21U.S.C. 958(a), 21 U.S.C. 823(a), and 21CFR 1311.42(a), (b), (c), (d), (e), and (f)are satisfied.


Gene R. Haislip,Deputy Assistant Administrator, Office ofDiversion Control, Drug EnforcementAdministration.[FR Doc. 95–1774 Filed 1–24–95; 8:45 am]


Manufacturer of ControlledSubstances; Notice of Application

Pursuant to § 1301.43(a) of Title 21 ofthe Code of Federal Regulations (CFR),this is notice that on December 20, 1994,MD Pharmaceutical, Inc., 3501 WestGarry Avenue, Santa Ana, California92704, made application to the DrugEnforcement Administration (DEA) forregistration as a bulk manufacturer ofthe basic classes of controlledsubstances listed below:

Drug Schedule

Methylphenidate (1724) ................ IIDiphenoxylate (9170) ................... II

Any other such applicant and anyperson who is presently registered withDEA to manufacture such substancesmay file comments or objections to theissuance of the above application andmay also file a written request for ahearing thereon in accordance with 21CFR 1301.54 and in the form prescribedby 21 CFR 1316.47.

Any such comments, objections, orrequests for a hearing may be addressedto the Deputy Assistant Administrator,Office of Diversion Control, DrugEnforcement Administration, UnitedStates Department of Justice,Washington, D.C. 20537, Attention: DEAFederal Register Representative (CCR),and must be filed no later than February24, 1995.


Gene R. Haislip,Deputy Assistant Administrator, Office ofDiversion Control, Drug EnforcementAdministration.[FR Doc. 95–1773 Filed 1–24–95; 8:45 am]



By Notice dated November 4, 1994,and published in the Federal Registeron November 15, 1994, (59 FR 58857),Norac Company Inc., 405 S. MotorAvenue, Azusa, California 91702, madeapplication to the Drug EnforcementAdministration to be registered as a bulkmanufacturer of Tetrahydrocannabinols(7370), a basic class of controlledsubstance listed in Schedule I.

No comments or objections have beenreceived. Therefore, pursuant to Section303 of the Comprenehsive Drug AbusePrevention and Control Act of 1970 andTitle 21, Code of Federal Regulations,§ 1301.54(e), the Deputy AssistantAdministrator, Office of DiversionControl, hereby orders that theapplication submitted by the above firmfor registration as a bulk manufacturerof the basic class of controlled substancelisted above is granted.



By Notice dated November 29, 1994,and published in the Federal Registeron December 6, 1994, (59 FR 62750),Upjohn Company, 7171 Portage Road,M.L. 7011–126–5, Kalamazoo, Michigan49001, made application to the DrugEnforcement Administration to beregistered as a bulk manufacturer of2,5,-Dimethoxyamphetamine (7396), abasic class of controlled substance listedin Schedule I.

No comments or objections have beenreceived. Therefore, pursuant to Section303 of the Comprehensive Drug AbusePrevention and Control Act of 1970 andTitle 21, Code of Federal Regulations,§ 1301.54(e), the Deputy AssistantAdministrator, Office of DiversionControl, hereby orders that theapplication submitted by the above firmfor registration as a bulk manufacturerof the basic class of controlled substancelisted above is granted.


DEPARTMENT OF LABOR

Pension and Welfare BenefitsAdministration

Advisory Council on Employee Welfareand Pension Benefits Plan; Meeting

Pursuant to the authority contained inSection 512 of the Employee RetirementIncome Security Act of 1974 (ERISA), 29U.S.C. 1142, a public meeting of theAdvisory Council on Employee Welfareand Pension Benefit Plans will be heldon February 15, 1995, in Suite S–2508.U.S. Department of Labor Building,Third and Constitution Avenue NW.,Washington, DC 20210.

The purpose of the meeting, whichwill begin at 9:30 a.m. is to consider theitems listed below and to invite publiccomment on any aspect of theadministration of ERISA.I. Welcome and Introduction of New

Council MembersII. Assistant Secretary’s Report

A. PWBA Priorities for 1995B. Report to CongressC. Miscellaneous IssuesD. Announcement of Council

Chairperson and Vice ChairpersonIII. Introduction of PWBA Senior Staff

and Orientation of New MembersIV. Report of Advisory Council Working

Groups (1993/1994 Term)V. Determination of Council Working

Group/s for 1995VI. Procedure for Establishing Council

and Working Group Meeting DatesVII. Statements From the General PublicVIII. Adjourn

Members of the public are encouragedto file a written statement pertaining toany topic concerning ERISA bysubmitting twenty (20) copies on orbefore February 10, 1995 to William E.Morrow, Executive Secretary, ERISAAdvisory Council, U.S. DepartmentLabor, Suite N–5677, 200 ConstitutionAvenue, NW., Washington, DC 20210.Individuals or representatives oforganizations wishing to address theAdvisory Council should forward theirrequest to the Executive Secretary ortelephone (202) 219–8753. Oralpresentations will be limited to tenminutes, but an extended statement maybe submitted for the record.

Organizations or individuals may alsosubmit statements for the recordwithout testifying. Twenty (20) copies ofsuch statements should be sent to theExecutive Secretary of the AdvisoryCouncil at the above address. Paperswill be accepted and included in therecord of the meeting if received on orbefore February 10, 1995.


Signed at Washington, DC, this 20th day ofJanuary, 1995.Olena Berg,Assistant Secretary, Pension and WelfareBenefits Administration.[FR Doc. 95–1851 Filed 1–24–95; 8:45 am]BILLING CODE 4510–29–M

NATIONAL AERONAUTICS ANDSPACE ADMINISTRATION

[Notice 95–006]

NASA Advisory Council; Meeting

ACTION: National Aeronautics and SpaceAdministration.ACTION: Notice of meeting.

SUMMARY: In accordance with theFederal Advisory Committee Act, PublicLaw 92–463, as amended, the NationalAeronautics and Space Administrationannounces a meeting of the NASAAdvisory Council.DATES: February 9, 1995, 9 a.m. to 2:15p.m.; and February 10, 1995, 8:30 a.m.to 3 p.m.ADDRESSES: National Aeronautics andSpace Administration, Program ReviewCenter, Ninth Floor, Room 9H40, 300 EStreet, SW., Washington, DC 20546.FOR FURTHER INFORMATION CONTACT: Ms.Anne L. Accola, Code Z, NationalAeronautics and Space Administration,Washington, DC 20546, 202/358–0682.SUPPLEMENTARY INFORMATION: Themeeting will be open to the public upto the seating capacity of the room. Theagenda for the meeting is as follows:—Strategic Plan and Strategic

Management System—Strategic Enterprise Plans—NASA Budget Outlook—NASA Congressional Outlook—Preliminary Report of the National

Laboratory Review Task Force—Reusable Launch System—Space Station Update—Committee Reports—Discussion of Committee

Independence—Discussion of Findings and

RecommendationsIt is imperative that the meeting be

held on these dates to accommodate thescheduling priorities of the keyparticipants. Visitors will be requestedto sign an visitor’s register.

Dated: January 19, 1995.Timothy M. Sullivan,Advisory Committee Management Officer.[FR Doc. 95–1810 Filed 1–24–95; 8:45 am]BILLING CODE 7510–01–M

[Notice 95–007]

NASA Advisory Council (NAC), Lifeand Microgravity Sciences andApplications Advisory Committee,Space Station Science andApplications Advisory Subcommittee;Meeting

AGENCY: National Aeronautics andSpace Administration.ACTION: Notice of meeting.

SUMMARY: In accordance with theFederal Advisory Committee Act, Pub.L. 92–463, as amended, the NationalAeronautics and Space Administrationannounces a forthcoming meeting of theNASA Advisory Council, Life andMicrogravity Sciences and ApplicationsAdvisory Committee, Space StationScience and Applications AdvisorySubcommittee.DATES: February 14, 1995, 8 a.m. to 6p.m.; February 15, 1995, 8 a.m. to 6p.m.; February 16, 1995, 8 a.m. to 12:30p.m.ADDRESSES: Lunar and PlanetaryInstitute, Center for Advanced SpaceStudies, 3600 Bay Area Boulevard,Houston, TX 77058.FOR FURTHER INFORMATION CONTACT:Dr. Edmond M. Reeves, Code US,National Aeronautics and SpaceAdministration, Washington, DC 20546,202/358–2560.SUPPLEMENTARY INFORMATION: Themeeting will be open to the public upto the seating capacity of the room. Theagenda for the meeting is as follows:—Subcommittee Charter and

Membership Orientation—Station Capabilities Program Update—Science Utilization Plans—Research Management Office—

Functions and Issues Process—International Utilization Coordination—Technology Utilization Program Plans

It is imperative that the meeting beheld on these dates to accommodate thescheduling priorities of the keyparticipants. Visitors will be requestedto sign a visitor’s register.

Dated: January 20, 1995.Timothy M. Sullivan,Advisory Committee Management Officer,National Aeronautics and SpaceAdministration.[FR Doc. 95–1809 Filed 1–24–95; 8:45 am]BILLING CODE 7510–01–M

[Notice 95–005]

NASA Advisory Council (NAC),Minority Business Resource AdvisoryCommittee; Meeting

AGENCY: National Aeronautics andSpace Administration.

ACTION: Notice of meeting.

SUMMARY: In accordance with theFederal Advisory Committee Act, PublicLaw 92–463, as amended, the NationalAeronautics and Space Administrationannounces a forthcoming meeting of theNASA Advisory Council, MinorityBusiness Resource Advisory Committee.DATES: February 8, 1995, 9 a.m. to 4p.m.ADDRESSES: NASA Headquarters,Program Review Center, Room 9H40,Washington, DC 20546.FOR FURTHER INFORMATION CONTACT:Mr. Ralph C. Thomas, III, Office ofSmall and Disadvantaged BusinessUtilization, National Aeronautics andSpace Administration, Room 9K70, 300E Street SW., Washington, DC 20546,(202) 358–2088.SUPPLEMENTARY INFORMATION: Themeeting will be open to the public upto the seating capacity of the room. Theagenda for the meeting is as follows:—Overview of NASA Advisory Council—Legal Ethics—Introduction to NASA SDB Program—Minutes of Last Meeting—Review of MBRAC Achievements—Public Comment—SDB Priorities of 1995

It is imperative that the meeting beheld on this date to accommodate thescheduling priorities of the keyparticipants.

Dated: January 19, 1995.Timothy M. Sullivan,Advisory Committee Management Officer.[FR Doc. 95–1811 Filed 1–24–95; 8:45 am]BILLING CODE 7510–01–M

NUCLEAR REGULATORYCOMMISSION

Advisory Committee on ReactorSafeguards Subcommittee Meeting onPlanning and Procedures; Meeting

The ACRS Subcommittee on Planningand Procedures will hold a meeting onFebruary 8, 1995, Room T–2B1, 11545Rockville Pike, Rockville, Maryland.

The entire meeting will be open topublic attendance, with the exception ofa portion that may be closed pursuantto 5 U.S.C. 552b(c) (2) and (6) to discussorganizational and personnel mattersthat relate solely to internal personnelrules and practices of ACRS, andmatters the release of which wouldconstitute a clearly unwarrantedinvasion of personal privacy.

The agenda for the subject meetingshall be as follows:Wednesday, February 8, 1995—1:30

p.m. until the conclusion ofbusiness


The Subcommittee will discussproposed ACRS activities and relatedmatters. Also, it will discuss status ofthe appointment of members to theACRS. The purpose of this meeting is togather information, analyze relevantissues and facts, and to formulateproposed positions and actions, asappropriate, for deliberation by the fullCommittee.

Oral statements may be presented bymembers of the public with theconcurrence of the SubcommitteeChairman; written statements will beaccepted and made available to theCommittee. Electronic recordings willbe permitted only during those portionsof the meeting that are open to thepublic, and questions may be asked onlyby members of the Subcommittee, itsconsultants, and staff. Persons desiringto make oral statements should notifythe cognizant ACRS staff person namedbelow five days prior to the meeting, ifpossible, so that appropriatearrangements can be made.

Further information regarding topicsto be discussed, the scheduling ofsessions open to the public, whether themeeting has been canceled orrescheduled, the Chairman’s ruling onrequests for the opportunity to presentoral statements, and the time allottedtherefore can be obtained by contactingthe cognizant ACRS staff person, Dr.John T. Larkins (telephone: 301/415–7360) between 7:30 a.m. and 4:15 p.m.(EST). Persons planning to attend thismeeting are urged to contact the abovenamed individual on the working dayprior to the meeting to be advised of anychanges in schedule, etc., that may haveoccurred.

Dated: January 19, 1995.Sam Duraiswamy,Chief, Nuclear Reactors Branch.[FR Doc. 95–1818 Filed 1–24–95; 8:45 am]BILLING CODE 7590–01–M

Advisory Committee on ReactorSafeguards; Meeting Agenda

In accordance with the purposes ofSections 29 and 182b. of the AtomicEnergy Act (42 U.S.C. 2039, 2232b), theAdvisory Committee on ReactorSafeguards will hold meetings onFebruary 9–10, 1995, in ConferenceRoom T2B3, 11545 Rockville Pike,Rockville, Maryland. The dates of thesemeetings were previously published inthe Federal Register Notice onWednesday, December 28, 1994 (59 FR66977).

Thursday, February 9, 19958:30 A.M.–8:45 A.M.: Opening Remarks by

the ACRS Chairman (Open)—The ACRS

Chairman will make opening remarksregarding conduct of the meeting andcomment briefly regarding items of currentinterest. During this session, the Committeewill discuss priorities for preparation ofACRS reports.

8:45 A.M.–10:15 A.M.: EmergencyProcedure Guidelines (EPGs) for BWR CorePower Stability/ATWS (Open/Closed)—TheCommittee will hear presentations by andhold discussions with representatives of theNRC staff, BWR Owner’s Group, and GeneralElectric Nuclear Energy (GENE) regarding theNRC staff Safety Evaluation Report on themodifications to the EPGs to address BWRcore power stability/ATWS.

A portion of this session may be closed todiscuss GENE proprietary informationapplicable to this matter.

10:30 A.M.–12:00 Noon: EnvironmentalQualification Requirements for DigitalInstrumentation and Control (I&C) Systems(Open)—The Committee will hearpresentations by and hold discussions withrepresentatives of the NRC staff regarding theactivities of the Office of Nuclear RegulatoryResearch related to environmentalqualification requirements for digital I&Csystems.

Representatives of the industry willparticipate, as appropriate.

1:00 P.M.–2:00 P.M.: Analysis of ReactorWater Cleanup (RWCU) System Line-BreakAccident for Operating BWRs (Open)—TheCommittee will hear presentations by andhold discussions with representatives of theNRC staff regarding the potential risksassociated with and RWCU system pipebreak outside of primary containment andthe associated staff activities to evaluate thisissue.

2:00 P.M.—3:00 P.M.—Proposed FinalRevision to Regulatory Guide 1.118,‘‘Periodic Testing of Electric Power andProtection Systems’’ (Open)—The Committeewill hear presentations by and holddiscussions with representatives of the NRCstaff regarding the proposed final revision 3to Regulatory Guide 1.118, with emphasis onthe differing views between the NRC staffand the industry.

Representatives of the industry willparticipate, as appropriate.

3:15 P.M.–4:15 P.M.: Potential ResearchIssues for CANDU3 (Open)—The Committeewill hear presentations by and holddiscussions with representatives of the NRCstaff regarding potential research issues forthe CANDU3 design.

Representatives of the Atomic Energy ofCanada Limited Technologies willparticipate, as appropriate.

4:15 P.M.–5:15 p.m.: Operating Plants vs.Safety Goals (Open)—The Committee willdiscuss the Commission’s request for furtherguidance and insight in determining wherethe current population of operating plantsfall within the safety goals.

5:30 P.M.–6:45 P.M.: Appointment of NewMembers (Open/Closed)—The Committeewill discuss the qualifications of candidatesnominated for appointment to the ACRS.

A portion of this session will be closed todiscuss information the release of which

would constitute a clearly unwarrantedinvasion of personal privacy.

Friday, February 10, 19958:30 A.M.–8:35 A.M.: Opening Remarks by

the ACRS Chairman (Open)—The ACRSChairman will make opening remarksregarding conduct of the meeting.

8:35 A.M.–9:30 A.M.: Amendment to 10CFR 50.55a (Open)—The Committee willhear presentations by and hold discussionswith representatives of the NRC staff and theNuclear Energy Institute regarding theproposed final amendment to 10 CFR 50.55ato incorporate by reference the 1992 Editionwith the 1992 Addenda of both SubsectionsIWE and IWL, Division 1, Section XI of theASME Code that deal with inspection ofconcrete and metal containments.

9:30 A.M.–10:15 A.M.: Report of thePlanning and Procedures Subcommittee(Open/Closed)—The Committee will hear areport of the Planning and ProceduresSubcommittee on matters related to theconduct of ACRS business and internalorganizational and personnel matters relatingto the ACRS staff members.

A portion of this session may be closed todiscuss matters that relate solely to internalpersonnel rules and practices of thisAdvisory Committee, and matters the releaseof which would constitute a clearlyunwarranted invasion of personal privacy.

10:30 A.M.–11:00 A.M.: Future ACRSActivities (Open)—The Committee willdiscuss topics proposed for considerationduring future ACRS meetings.

11:00 A.M.–11:15 A.M.: Reconciliation ofACRS Comments and Recommendations(Open)—The Committee will discussresponses from the NRC Executive Directorfor Operations to ACRS comments andrecommendations included in recent ACRSreports.

11:15 A.M.–12:15 P.M.: Preparation ofACRS Reports (Open)—The Committee willdiscuss proposed ACRS reports on certainmatters considered during this meeting,including a possible report on performance/risk-based regulation.

1:15 P.M.–5:30 P.M.: Preparation of ACRSReports (Open)—The Committee willcontinue its discussion of proposed ACRSreports on certain matters considered duringthis meeting.

5:30 P.M.–5:45 P.M.: New Research Needs(Open)—The Committee will discuss newresearch needs, if any, identified during thismeeting.

5:45 P.M.–6:00 P.M.: Miscellaneous(Open)—The Committee will discussmiscellaneous matters related to the conductof Committee activities and completediscussions of topics that were not completedduring previous meetings as time andavailability of information permit.

Procedures for the conduct of andparticipation in ACRS meetings werepublished in the Federal Register on October5, 1994 (59 FR 50780). In accordance withthese procedures, oral or written statementsmay be presented by members of the public,electronic recordings will be permitted onlyduring the open portions of the meeting, andquestion may be asked only by members ofthe Committee, its consultants, and staff.


Persons desiring to make oral statementsshould notify the ACRS Executive Director,Dr. John T. Larkins, at least five days beforethe meeting if possible, so that appropriatearrangements can be made to allow thenecessary time during the meeting for suchstatements. Use of still, motion picture, andtelevision cameras during this meeting maybe limited to selected portions of the meetingas determined by the Chairman. Informationregarding the time to be set aside for thispurpose may be obtained by contacting theACRS Executive Director prior to themeeting. In view of the possibility that theschedule for ACRS meetings may be adjustedby the Chairman as necessary to facilitate theconduct of the meeting, persons planning toattend should check with the ACRSExecutive Director if such reschedulingwould result in major inconvenience.

I have determined in accordance withSubsection 10(d) P.L. 92–463 that it isnecessary to close portions of this meetingnoted above to discuss proprietaryinformation per 5 U.S.C. 552b(c)(4);information that involves the internalpersonnel rules and practices of thisAdvisory Committee per 5 U.S.C. 552b(c)(2);and to discuss information the release ofwhich would constitute a clearlyunwarranted invasion of pesonal privacy per5 U.S.C. 552b(c)(6).

Further information regarding topics to bediscussed, whether the meeting has beencancelled or rescheduled, the Chairman’sruling on requests for the opportunity topresent oral statements and the time allottedtherefor can be obtained by contacting theACRS Executive Director, Dr. John T. Larkins(telephone 301–415–7361), between 7:30A.M. and 4:15 P.M. EST.

Dated: January 20, 1995.Andrew L. Bates,Advisory Committee Management Officer.[FR Doc. 95–1894 Filed 1–24–95; 8:45 am]BILLING CODE 7590–01–M

[Docket No. 50–482]

Wolf Creek Nuclear OperatingCorporation, Wolf Creek GeneratingStation; Environmental Assessmentand Finding of No Significant Impact

The U.S. Nuclear RegulatoryCommission (the Commission) isconsidering issuance of an exemptionfrom certain requirements of itsregulations for Facility OperatingLicense No. NPF–42, issued to WolfCreek Nuclear Operating Corporation(the licensee), for operation of the WolfCreek Generating Station (WCGS)located in Coffee County, Kansas.

Environmental Assessment

Identification of Proposed ActionThe proposed action would allow

implementation of a hand geometrybiometric system of site access controlsuch that photograph identificationbadges can be taken off site.

The proposed action is in accordancewith the licensee’s application datedNovember 23, 1994, for exemption fromcertain requirements of 10 CFR 73.55,‘‘Requirements for physical protectionof licensed activities in nuclear powerplant reactors against radiologicalsabotage.’’

The Need for the Proposed ActionPursuant to 10 CFR 73.55, paragraph

(a), the licensee shall establish andmaintain an onsite physical protectionsystem and security organization.

Paragraph (1) of 10 CFR 73.55(d),‘‘Access Requirements,’’ specifies that‘‘licensee shall control all points ofpersonnel and vehicle access into aprotected area * * *.’’ It is specified in10 CFR 73.55(d)(5) that ‘‘A numberedpicture badge identification system shallbe used for all individuals who areauthorized access to protected areaswithout escort.’’ It also states that anindividual not employed by the licensee(i.e., contractors) may be authorizedaccess to protected areas without escortprovided the individual ‘‘receives apicture badge upon entrance into theprotected area which must be returnedupon exit from the protected area* * *.’’

Currently, unescorted access intoprotected areas of the WCGS iscontrolled through the use of aphotograph on a combination badge andkeycard. (Hereafter, these are referred toas badges). The security officers at theentrance station use the photograph onthe badge to visually identify theindividual requesting access. Thebadges for both licensee employees andcontractor personnel who have beengranted unescorted access are issuedupon entrance at the entrance/exitlocation and are allowed to take badgesoff site.

The licensee proposes to implementan alternative unescorted access controlsystem which would allow allindividuals with unescorted access tokeep their badges with them whendeparting the site.

An exemption from 10 CFR73.55(d)(5) is required to permitcontractors to take their badges off siteinstead of returning them when exitingthe site.

The Commission has completed itsevaluation of the proposed action.Under the proposed system, eachindividual who is authorized tounescorted entry into protected areaswould have the physical characteristicsof their hand (hand geometry) registeredwith their badge number in the accesscontrol system. When an individualenters the badge into the card readerand places the hand on the measuring

surface, the system would record theindividual’s hand image. The uniquecharacteristics of the extracted handimage would be compared with thepreviously stored template to verifyauthorization for entry. Individuals,including licensee employees andcontractors, would be allowed to keeptheir badges with them when theydepart the site.

Based on a Sandia report entitled ‘‘APerformance Evaluation of BiometricIdentification Devices’’ (SAND91—0276UC—906 Unlimited Release, printedJune 1991), and on its experience withthe current photo-identification system,the licensee stated that the falseacceptance rate of the proposed handgeometry system is comparable to thatof the current system. The lecenseestated that the use of the badges withthe hand geometry system wouldincrease the overally level of accesscontrol. Since both the badge and handgeometry would be necessary for accessinto the protected area, the proposedsystem would provide for a positiveverification process. Potential loss of abadge by an individual, as a result oftaking the badge off site, would notenable an unauthorized entry intoprotected areas. The licensee willimplement a process for testing theproposed system to ensure continuedoverall level of performance equivalentto that specified in the regulation. ThePhysical Security Plan for WCGS will berevised to include implementation andtesting of the hand geometry accesscontrol system and to allow licenseeemployees and contractors to take theirbadges off site.

The access process will continue to beunder the observation of securitypersonnel. A numbered picture badgeidentification system will continue to beused for all individuals who areauthorized access to protected areaswithout escorts. Badges will continue tobe displayed by all individuals whileinside the protected area.

Environmental Impacts of the ProposedAction

The change will not increase theprobability or consequences ofaccidents, no changes are being made inthe types of any effluent that may bereleased off site, and there is nosignificant increase in the allowableindividual or cumulative occupationalradiation exposure. Accordingly, theCommission concludes that there are nosignificant radiological environmentalimpacts associated with the proposedaction.

With regard to potentialnonradiological impacts, the proposedaction involves features located entirely


within the restricted area as defined in10 CFR part 20. It does not affectnonradiological plant effluents and hasno other environmental impact.Accordingly, the Commission concludesthat there are no significantnonradiological environmental impactsassociated with the proposed action.

Alternatives to the Proposed ActionSince the Commission has concluded

there is no measurable environmentalimpact associated with the proposedaction, any alternatives with equal orgreater environmental impact need notbe evaluated. The principal alternativeto the action would be to deny therequest. Such action would not changeany current environmental impacts. Theenvironmental impacts of the proposedaction and the alternative action aresimilar.

Alternative Use of ResourcesThis action does not involve the use

of any resources not previouslyconsidered in the ‘‘Final EnvironmentalStatement related to the operation ofWolf Creek Generating Station,’’ datedJune 1982 (NUREG–0878).

Agencies and Persons ConsultedThe NRC staff consulted with the

State of Kansas regarding theenvironmental impact of the proposedaction. The State official had nocomments.

Finding of No Significant ImpactBased upon the environmental

assessment, the Commission concludesthat the proposed action will not havea significant effect on the quality of thehuman environment. Accordingly, theCommission has determined not toprepare an environmental impactstatement for the proposed action.

For further details with respect to theproposed action, see the licensee’s letterdated November 23, 1994, which isavailable for public inspection at theCommission’s Public Document Room,The Gelman Building, 2120 L Street,NW., Washington, DC and at the localpublic document rooms located at theEmporia State University, William AllenWhite Library, 1200 Commercial Street,Emporia, Kansas 66801, and WashburnUniversity School of Law Library,Topeka, Kansas 66621.

Dated at Rockville, Maryland, this 18th dayof January 1995.

For the Nuclear Regulatory Commission.Theodore R. Quay,Director, Project Directorate IV–2, Divisionof Reactor Projects III/IV, Office of NuclearReactor Regulation.[FR Doc. 95–1815 Filed 1–24–95; 8:45 am]BILLING CODE 7590–01–M

[Docket Nos. STN 50–456 and STN 50–457]

Commonwealth Edison Company;Notice of Consideration of Issuance ofAmendments to Facility OperatingLicenses, Proposed No SignificantHazards Consideration Determination,and Opportunity for a Hearing

The U.S. Nuclear RegulatoryCommission (the Commission) isconsidering issuance of amendments toFacility Operating Licenses Nos. NPF–72 and NPF–77 issued to theCommonwealth Edison Company (thelicensee) for operation of the BraidwoodStation, Units 1 and 2, located in WillCounty, Illinois.

The proposed amendment wouldrevise the Technical Specifications forBraidwood 1 and 2 by deleting Section4.7.6.e.6 which presently requires asurveillance to verify that the controlroom ventilation system can bemanually isolated and placed in therecirculation mode of operation. Thismanual isolation would be initiated inresponse to a report of a chlorine releasein the vicinity of the Braidwood Station.

Before issuance of the proposedlicense amendment, the Commissionwill have made findings required by theAtomic Energy Act of 1954, as amended(the Act) and the Commission’sregulations.

The Commission has made aproposed determination that theamendment request involves nosignificant hazards consideration. Underthe Commission’s regulations in 10 CFR50.92, this means that operation of thefacility in accordance with the proposedamendment would not (1) involve asignificant increase in the probability orconsequences of an accident previouslyevaluated; or (2) create the possibility ofa new or different kind of accident fromany accident previously evaluated; or(3) involve a significant reduction in amargin of safety. As required by 10 CFR50.91(a), the licensee has provided itsanalysis of the issue of no significanthazards consideration, which ispresented below:

A. The proposed change does not involvea significant increase in the probability orconsequences of an accident previouslyevaluated.

Elimination of the requirement to testcontrol room ventilation manual isolationcapability does not involve a significantincrease in the probability or consequencesof an accident previously evaluated. Thisrequirement had been previously necessarybecause of the potential of a rail bornechlorine accident. Since that time of theimposed surveillance, the Norfolk andWestern railroad line which transportedchlorine near Braidwood has been removed.In addition, a study has concluded that thereare no potential stationary chlorine release

sources within a 10 mile radius that couldpose a threat to control room habitability.The evaluation concluded that the realisticprobability of a transported source ofchlorine passing within the critical distanceof 4900 feet of Braidwood Station ispractically zero. Even using the veryconservative assumption that all transportedsources of chlorine use IL 53 or IL 129, theoccurrence of an accidental release fromthese shipments was calculated to be only2×10¥6 events per year. Thus the probabilityof a chlorine release is within therequirements of NUREG–0800, StandardReview Plan (SRP), July 1981 Section 2.2.3,and removal of the requirement to conductControl Room ventilation isolation testsevery 18 months does not involve asignificant increase in the probability orconsequences of an accident previouslyevaluated.

To ensure that no potential stationarychlorine release source is introduced withina ten mile radius of Braidwood Station, thestation will perform a survey every threeyears to ensure that the protection of thecontrol room personnel from risk due to anypotential chlorine accident is maintainedsufficiently small.

B. The proposed changes does not createthe possibility of a new or different kind ofaccident from any accident previouslyevaluated.

The probability of a chlorine accident thatcould impact the control room environmenthas been shown to be within therequirements of SRP Section 2.2.3. ControlRoom isolation capability testing wasperformed only to address a chlorineaccident. Therefore, removal of thisrequirement does not create the possibility ofa new or different kind of accident from anyaccident previously evaluated.

C. The proposed changes does not involvea significant reduction in a margin of safety.

Control room ventilation isolation testingwas performed as a result of the possibilityof a chlorine accident in the vicinity ofBraidwood. As demonstrated by a recentstudy, the probability of this event occurringhas been reduced to practically zero withinthe acceptable limits of SRP Section 2.2.3 fortransportable chlorine. Survey of the ten mileradius around Braidwood found nostationary chlorine sources with large enoughquantities to pose a hazard to control roompersonnel. Thus, the removal of therequirement to perform Control Roomventilation isolation tests every 18 monthsdoes not involve a significant reduction in amargin of safety.

The NRC staff has reviewed thelicensee’s analysis and, based on thisreview, it appears that the threestandards of 10 CFR 50.92(c) aresatisfied. Therefore, the NRC staffproposes to determine that theamendment request involves nosignificant hazards consideration.

The Commission is seeking publiccomments on this proposeddetermination. Any comments receivedwithin 30 days after the date ofpublication of this notice will be


considered in making any finaldetermination.

Normally, the Commission will notissue the amendment until theexpiration of the 30-day notice period.However, should circumstances changeduring the notice period such thatfailure to act in a timely way wouldresult, for example, in derating orshutdown of the facility, theCommission may issue the licenseamendment before the expiration of the30-day notice period, provided that itsfinal determination is that theamendment involves no significanthazards consideration. The finaldetermination will consider all publicand State comments received. Shouldthe Commission take this action, it willpublish in the Federal Register a noticeof issuance and provide for opportunityfor a hearing after issuance. TheCommission expects that the need totake this action will occur veryinfrequently.

Written comments may be submittedby mail to the Rules Review andDirectives Branch, Division of Freedomof Information and PublicationsServices, Office of Administration, U.S.Nuclear Regulatory Commission,Washington, DC 20555, and should citethe publication date and page number ofthis Federal Register notice. Writtencomments may also be delivered toRoom 6D22, Two White Flint North,11545 Rockville Pike, Rockville,Maryland, from 7:30 a.m. to 4:15 p.m.Federal workdays. Copies of writtencomments received may be examined atthe NRC Public Document Room, theGelman Building, 2120 L Street, NW.,Washington, DC.

The filing of requests for hearing andpetitions for leave to intervene isdiscussed below.

By February 24, 1995, the licenseemay file a request for a hearing withrespect to issuance of the amendment tothe subject facility operating license andany person whose interest may beaffected by this proceeding and whowishes to participate as a party in theproceeding must file a written requestfor a hearing and a petition for leave tointervene. Requests for a hearing and apetition for leave to intervene shall befiled in accordance with theCommission’s ‘‘Rules of Practice forDomestic Licensing Proceedings’’ in 10CFR part 2. Interested persons shouldconsult a current copy of 10 CFR 2.714which is available at the Commission’sPublic Document Room, the GelmanBuilding, 2120 L Street, NW.,Washington, DC, and at the local publicdocument room located at theWilmington Township Public Library,201 S. Kankakee Street, Wilmington,

Illinois 60481. If a request for a hearingor petition for leave to intervene is filedby the above date, the Commission or anAtomic Safety and Licensing Board,designated by the Commission or by theChairman of the Atomic Safety andLicensing Board Panel, will rule on therequest and/or petition; and theSecretary or the designated AtomicSafety and Licensing Board will issue anotice of hearing or an appropriateorder.

As required by 10 CFR 2.714, apetition for leave to intervene shall setforth with particularity the interest ofthe petitioner in the proceeding, andhow that interest may be affected by theresults of the proceeding. The petitionshould specifically explain the reasonswhy intervention should be permittedwith particular reference to thefollowing factors: (1) The nature of thepetitioner’s right under the Act to bemade party to the proceeding: (2) thenature and extent of the petitioner’sproperty, financial, or other interest inthe proceedings; and (3) the possibleeffect of any order which may beentered in the proceeding on thepetitioner’s interest. The petition shouldalso identify the specific aspect(s) of thesubject matter of the proceeding as towhich petitioner wishes to intervene.Any person who has filed a petition forleave to intervene or who has beenadmitted as a party may amend thepetition without requesting leave of theBoard up to 15 days prior to the firstprehearing conference scheduled in theproceeding, but such an amendedpetition must satisfy the specificityrequirements described above.

Not later than 15 days prior to the firstprehearing conference scheduled in theproceeding, a petitioner shall file asupplement to the petition to intervenewhich must include a list of thecontentions which are sought to belitigated in the matter. Each contentionmust consist of a specific statement ofthe issue of law or fact to be raised orcontroverted. In addition, the petitionershall provide a brief explanation of thebases of the contention and a concisestatement of the alleged facts or expertopinion which support the contentionand on which the petitioner intends torely in proving the contention at thehearing. The petitioner must alsoprovide references to those specificsources and documents of which thepetitioner is aware and on which thepetitioner intends to rely to establishthose facts or expert opinion. Petitionermust provide sufficient information toshow that a genuine dispute exists withthe applicant on a material issue of lawor fact. Contentions shall be limited tomatters within the scope of the

amendment under consideration. Thecontention must be one which, ifproven, would entitle the petitioner torelief. A petitioner who fails to file sucha supplement which satisfies theserequirements with respect to at least onecontention will not be permitted toparticipate as a party.

Those permitted to intervene becomeparties to the proceeding, subject to anylimitations in the order granting leave tointervene, and have the opportunity toparticipate fully in the conduct of thehearing, including the opportunity topresent evidence and cross-examinewitnesses.

If a hearing is requested, theCommission will make a finaldetermination on the issue of nosignificant hazards consideration. Thefinal determination will serve to decidewhen the hearing is held.

If the final determination is that theamendment request involves nosignificant hazards consideration, theCommission may issue the amendmentand make it immediately effective,notwithstanding the request for ahearing. Any hearing held would takeplace after issuance of the amendment.

If the final determination is that theamendment request involves asignificant hazards consideration, anyhearing held would take place beforethe issuance of any amendment.

A request for a hearing or a petitionfor leave to intervene must be filed withthe Secretary of the Commission, U.S.Nuclear Regulatory Commission,Washington, DC 20555, Attention:Docketing and Services Branch, or maybe delivered to the Commission’s PublicDocument Room, the Gelman Building,2120 L Street, NW., Washington, DC, bythe above date. Where petitions are filedduring the last 10 days of the noticeperiod, it is requested that the petitionerpromptly so inform the Commission bya toll-free telephone call to WesternUnion at 1–(800) 248–5100 (in Missouri1–(800) 342–6700). The Western Unionoperator should be given DatagramIdentification Number N1023 and thefollowing message addressed to RobertA. Capra: petitioner’s name andtelephone number, date petition wasmailed, plant name, and publicationdate and page number of this FederalRegister notice. A copy of the petitionshould also be sent to the Office of theGeneral Counsel, U.S. NuclearRegulatory Commission, Washington,DC 20555, and to Michael I. Miller,Esquire; Sidley and Austin, One FirstNational Plaza, Chicago, Illinois 60690,attorney for the licensee.

Nontimely filings of petitions forleave to intervene, amended petitions,supplemental petitions and/or requests


for hearing will not be entertainedabsent a determination by theCommission, the presiding officer or thepresiding Atomic Safety and LicensingBoard that the petition and/or requestshould be granted based upon abalancing of the factors specified in 10CFR 2.714(a)(1)(i)–(v) and 2.714(d).

For further details with respect to thisaction, see the application foramendment dated January 5, 1994, assupplemented on April 26, 1994,September 30, 1994, and January 12,1995, which are available for publicinspection at the Commission’s PublicDocument Room, the Gelman Building,2120 L Street, NW., Washington, DC,and at the local public document roomlocated a the Wilmington TownshipPublic Library, 201 S. Kankakee Street,Wilmington, Illinois 60481.


For the Nuclear Regulatory Commission.Ramin R. Assa,Project Manager, Project Directorate III–2,Division of Reactor Projects—III/IV, Office ofNuclear Reactor Regulation.[FR Doc. 95–1814 Filed 1–24–95; 8:45 am]BILLING CODE 7590–01–M

[Docket Nos. STN 50–454, STN 50–455, STN50–456 and STN 50–457]

Commonwealth Edison Company;Notice of Consideration of Issuance ofAmendments To Facility OperatingLicenses, Proposed No SignificantHazards Consideration Determination,and Opportunity for a Hearing

The U.S. Nuclear RegulatoryCommission (the Commission) isconsidering issuance of an amendmentto Facility Operating License Nos. NPF–37, NPF–66, NPF–72 and NPF–77,issued to the Commonwealth EdisonCompany (the licensee) for operation ofthe Byron Station, Units 1 and 2, locatedin Ogle County, Illinois, and theBraidwood Station, Units 1 and 2,located in Will County, Illinois.

The proposed amendments wouldrevise the Byron Station, Unit 1 and 2,and Braidwood Station, Units 1 and 2,Technical Specifications (TS) Section 3/4.7.6 concerning the Control RoomVentilation (VC) System. These changesare consistent with the revised StandardTechnical Specifications forWestinghouse Plants. Specifically, theallowed outage time for one train of thesystem would be changed from 7 to 30days, if the train was declaredinoperable only due to an inoperablechiller unit. An alternative action wouldalso be added to TS 3.7.6.a, requiringthe cessation of all core alterations,

reactivity, additions, and spent fuelmovement if one train of the system isinoperable during refueling operations.By letter dated July 19, 1994, thelicensee responded to the Commissionstaff’s comments and proposed to reviseTS 3/4.7.6 by adding a surveillancerequirement to demonstrate the controlroom ventilation heat load removalcapability every 18 months. Revisions toassociated Bases and minor editorialchanges would also be made for thepurpose of updating and clarifying theTS.

Before issuance of the proposedlicense amendment, the Commissionwill have made findings required by theAtomic Energy Act of 1954, as amended(the Act) and the Commission’sregulations.

The Commission has made aproposed determination that theamendment request involves nosignificant hazards consideration. Underthe Commission’s regulations in 10 CFR50.92, this means that operation of thefacility in accordance with the proposedamendment would not (1) involve asignificant increase in the probability orconsequences of an accident previouslyevaluated; or (2) create the possibility ofa new or different kind of accident fromany accident previously evaluated; or(3) involve a significant reduction in amargin of safety. As required by 10 CFR50.91(a), the licensee has provided itsanalysis of the issue of no significanthazards consideration, which ispresented below:

A. The proposed changes do not involve asignificant increase in the probability orconsequences of an accident previouslyevaluated.

The first proposed change will increase theallowed outage time (AOT) for a VC chillerfrom seven days to thirty days in Modes 1through 4. The thirty day AOT is based onthe low probability of an event requiringcontrol room isolation concurrent withfailure of the redundant train of VC.Therefore, one train of VC will always beavailable to remove normal and accident heatloads and provide control room isolation.Consequently, this change will not result inan increase to offsite dose rates or theexposure of control room operators.

Increasing the AOT will allow for moreextensive maintenance and should increaseoverall availability of the VC chillers. Thisprovides additional assurance that a chillerwill be operable on at least one train of VC.In the unlikely event that both VC chillersbecame inoperable, alternate non-safetyrelated means to maintain control roomtemperature are available. Based on theabove, the proposed increase to the AOT willnot increase the probability or consequencesof any previously analyzed accident.

The proposed change to the Action a forModes 5 and 6 adds an alternative to placingthe remaining operable VC train in the

makeup mode. The alternative would allowthe option to suspend CORE ALTERATIONS,positive reactivity changes, and movement ofirradiated fuel. In Modes 5 and 6, this greatlyreduces the probability of an event thatwould require control room isolation. Thechange will have no impact on theconsequences of an accident since theremaining train of VC would be capable ofisolating the control room on a high radiationsignal and providing the necessarytemperature control. Based on this review,the proposed Action will not result in anincrease in the probability or consequencesof a previously analyzed accident.

As noted above, the proposed amendmentadds a restriction to suspend movement ofirradiated fuel. This change reduces theprobability of the occurrence of a fuelhandling accident and has no impact on theconsequences of any accident. In addition,the wording in Action b was revised to beconsistent with the wording in Action a. Thischange is purely editorial and, therefore, hasno impact on the probability or consequencesof an accident.

The proposed changes to Section 3/4.7.6are requested to ensure that surveillances areperformed to verify that the Control RoomVentilation System remains capable ofperforming its design function. Operability ofthe Control Room Chillers ensures that theambient air temperature does not exceed theallowable temperature for continuous dutyrating for the equipment and instrumentationcooled by the Control Room VentilationSystem. The ability of the Control RoomVentilation System to limit the radiationexposure to personnel occupying the controlroom to 5 rem or less whole body, or itsequivalent, is not affected by the addition ofthis surveillance requirement. The proposedchanges do not affect any accident initiatorsor precursors and do not change or alter thedesign assumptions for the systems orcomponents used to mitigate theconsequences of an accident. Consequently,the changes do not impact any accidentpreviously evaluated in the UFSAR.

Therefore, the proposed changes do notinvolve an increase in the probability orconsequences of an accident previouslyevaluated.

B. The proposed changes do not create thepossibility of a new or different kind ofaccident from any accident previouslyevaluated.

The first proposed change will increase theAOT for a VC chiller from seven days tothirty days in Modes 1 through 4. During thetime one chiller is inoperable, the redundanttrain is capable of handling the heat loadsduring normal operation and during allaccident scenarios. No new operatingconditions are created by this change.Therefore, this change will not result in anynew or different accident from thosepreviously analyzed.

The proposed change to the Action forModes 5 and 6 adds an alternative to allowthe option to suspend CORE ALTERATIONS,positive reactivity changes, and movement ofirradiated fuel. In Modes 5 and 6, this greatlyreduces the probability of an event thatwould require control room isolation. Also,the remaining train of VC would still be


capable of temperature control and isolatingthe control room on a high radiation signal.This change will not create any new plantoperating conditions. Based on this review,the proposed Action will not result in a newor different kind of accident.

The additional restriction on themovement of irradiated fuel in Modes 5 and6 will not create any new condition whichhas not been previously analyzed. Inaddition, for consistency with the wording inAction a, the word ‘‘changes’’ was replacedby the word ‘‘additions.’’ This change ispurely editorial and, therefore, has nopotential to create a new kind of accident.

The proposed changes to add asurveillance requirement to Section 3/4.7.6do not affect the design or operation of anysystem, structure, or component in the plant.There are no changes to parametersgoverning plant operation; no new ordifferent type of equipment will be installed.The proposed changes ensure that equipmentremains capable of performing its designfunction.

Therefore, the proposed changes do notcreate the possibility of a new or differenttype of accident from any previouslyevaluated.

The proposed changes do not involve asignificant reduction in a margin of safety.

The basis for the VC TechnicalSpecification to ensure that the temperaturein the control room does not exceedmaximum allowable for the equipment andinstrumentation inside. The VC system isalso required to limit radiation exposure tocontrol room personnel following anaccident. Either of the two redundant trainscan perform both of these functions. As longas one train of VC is available, the margin ofsafety assumed in the bases for thisspecification is maintained.

Increasing the AOT for one VC chiller unithas no impact on the redundant train of VC.Although one train of VC may be inoperablefor a longer period of time, the redundanttrain can perform all normal and accidentfunctions. The length of the AOT issufficiently short to assure that a scenarioinvolving an accident requiring control roomisolation concurrent with the failure of theredundant train is not credible. Therefore,one train of VC will remain available and noreduction is made to the margin of safety.

The second change involves adding analternative Action in Modes 5 and 6 thatwould restrict CORE ALTERATIONS,positive reactivity additions, and movementof irradiated fuel. The existing Actionrequires that the operable train of VC beplaced in the makeup mode of operation.This Action ensures that any failures arereadily detected. The alternate Actionreduces the potential of an event that wouldrequire control room isolation whilemaintaining one train of VC operable. In bothcases, the Actions assure that one train of VCis available for normal and emergency use.Therefore, the proposed change maintainsthe margin of safety.

Another proposed change involves thecondition with no VC trains operable inModes 5 and 6. Since VC is not available,alternative means must be used to maintaincontrol room temperature. Since the primary

alternative involves utilization of outside air,the most appropriate action is to reduce theprobability of an event that would requirecontrol room isolation. The proposedadditional restriction on the movement ofirradiated fuel provides added assurance thatsuch an event will not occur. Therefore, themargin of safety is maintained. Also, forconsistency with the wording in Action a, theword ‘‘changes’’ was replaced by the word‘‘additions.’’ This change is purely editorialand, therefore, has no impact on the marginof safety.

The final proposed change to add asurveillance requirement does not affect themargin of safety for any TechnicalSpecification. The initial conditions andmethodologies used in the accident analysesremain unchanged, therefore, accidentanalysis results are not impacted. Theaddition of a Technical Specificationsurveillance provides further assurance thatthe Control Room Ventilation System isoperable and capable of maintaining theambient air temperature below the allowabletemperature for the continuous duty rating ofthe equipment and instrumentation cooledby this system. These changes also providesconsistency with Standard TechnicalSpecifications.

Therefore, the proposed change does notinvolve a reduction in the margin of safety.

The NRC staff has reviewed thelicensee’s analysis and, based on thisreview, it appears that the threestandards of 10 CFR 50.92(c) aresatisfied. Therefore, the NRC staffproposes to determine that theamendment request involves nosignificant hazards consideration.

The Commission is seeking publiccomments on this proposeddetermination. Any comments receivedwithin 30 days after the date ofpublication of this notice will beconsidered in making any finaldetermination.

Normally, the Commission will notissue the amendment until theexpiration of the 30-day notice period.However, should circumstances changeduring the notice period such thatfailure to act in a timely way wouldresult, for example, in derating orshutdown of the facility, theCommission may issue the licenseamendment before the expiration of the30-day notice period, provided that itsfinal determination is that theamendment involves no significanthazards consideration. The finaldetermination will consider all publicand State comments received. Shouldthe Commission take this action, it willpublish in the Federal Register a noticeof issuance and provide for opportunityfor a hearing after issuance. TheCommission expects that the need totake this action will occur veryinfrequently.

Written comments may be submittedby mail to the Rules Review and

Directives Branch, Division of Freedomof Information and PublicationsServices, Office of Administration, U.S.Nuclear Regulatory Commission,Washington, DC 20555, and should citethe publication date and page number ofthis Federal Register notice. Writtencomments may also be delivered toRoom 6D22, Two White Flint North,11545 Rockville Pike, Rockville,Maryland, from 7:30 a.m. to 4:15 p.m.Federal workdays. Copies of writtencomments received may be examined atthe NRC Public Document Room, theGelman Building, 2120 L Street, NW.,Washington, DC.

The filing of requests for hearing andpetitions for leave to intervene isdiscussed below.

By February 24, 1995, the licenseemay file a request for a hearing withrespect to issuance of the amendment tothe subject facility operating license andany person whose interest may beaffected by this proceeding and whowishes to participate as a party in theproceeding must file a written requestfor a hearing and a petition for leave tointervene. Requests for a hearing and apetition for leave to intervene shall befiled in accordance with theCommission’s ‘‘Rules of Practice forDomestic Licensing Proceedings’’ in 10CFR Part 2. Interested persons shouldconsult a current copy of 10 CFR 2.714which is available at the Commission’sPublic Document Room, the GelmanBuilding, 2120 L Street, NW.,Washington, DC, and at the local publicdocument rooms located at the ByronPublic Library, 109 N. Franklin, P.O.Box 434, Byron, Illinois 61010 for theByron Station; for Braidwood, theWilmington Township Public Library,201 S. Kankakee Street, Wilmington,Illinois 60481. If a request for a hearingor petition for leave to intervene is filedby the above date, the Commission or anAtomic Safety and Licensing Board,designated by the Commission or by theChairman of the Atomic Safety andLicensing Board Panel, will rule on therequest and/or petition; and theSecretary or the designated AtomicSafety and Licensing Board will issue anotice of hearing or an appropriateorder.

As required by 10 CFR 2.714, apetition for leave to intervene shall setforth with particularity the interest ofthe petitioner in the proceeding, andhow that interest may be affected by theresults of the proceeding. The petitionshould specifically explain the reasonswhy intervention should be permittedwith particular reference to thefollowing factors: (1) The nature of thepetitioner’s right under the Act to bemade party to the proceeding; (2) the


nature and extent of the petitioner’sproperty, financial, or other interest inthe proceeding; and (3) the possibleeffect of any order which may beentered in the proceeding on thepetitioner’s interest. The petition shouldalso identify the specific aspect(s) of thesubject matter of the proceeding as towhich petitioner wishes to intervene.Any person who has filed a petition forleave to intervene or who has beenadmitted as a party may amend thepetition without requesting leave of theBoard up to 15 days prior to the firstprehearing conference scheduled in theproceeding, but such an amendedpetition must satisfy the specificityrequirements described above.

Not later than 15 days prior to the firstprehearing conference scheduled in theproceeding, a petitioner shall file asupplement to the petition to intervenewhich must include a list of thecontentions which are sought to belitigated in the matter. Each contentionmust consist of a specific statement ofthe issue of law or fact to be raised orcontroverted. In addition, the petitionershall provide a brief explanation of thebases of the contention and a concisestatement of the alleged facts or expertopinion which support the contentionand on which the petitioner intends torely in proving the contention at thehearing. The petitioner must alsoprovide references to those specificsources and documents of which thepetitioner is aware and on which thepetitioner intends to rely to establishthose facts or expert opinion. Petitionermust provide sufficient information toshow that a genuine dispute exists withthe applicant on a material issue of lawor fact. Contention shall be limited tomatters within the scope of theamendment under consideration. Thecontention must be one which, ifproven, would entitle the petitioner torelief. A petitioner who fails to file sucha supplement which satisfies theserequirements with respect to at least onecontention will not be permitted toparticipate as a party.

Those permitted to intervene becomeparties to the proceeding, subject to anylimitations in the order granting leave tointervene, and have the opportunity toparticipate fully in the conduct of thehearing, including the opportunity topresent evidence and cross-examinewitnesses.

If a hearing is requested, theCommission will make a finaldetermination on the issue of nosignificant hazards consideration. Thefinal determination will serve to decidewhen the hearing is held.

If the final determination is that theamendment request involves no

significant hazards consideration, theCommission may issue the amendmentand make it immediately effective,notwithstanding the request for ahearing. Any hearing held would takeplace after issuance of the amendment.

If the final determination is that theamendment request involves asignificant hazards consideration, anyhearing held would take place beforethe issuance of any amendment.

A request for a hearing or a petitionfor leave to intervene must be filed withthe Secretary of the Commission, U.S.Nuclear Regulatory Commission,Washington, DC 20555, Attention:Docketing and Services Branch, or maybe delivered to the Commission’s PublicDocument Room, the Gelman Building,2120 L street, NW., Washington, DC, bythe above date. Where petitions are filedduring the last 10 days of the noticeperiod, it is requested that the petitionerpromptly so inform the Commission bya toll-free telephone call to WesternUnion at 1–(800) 248–5100 (in Missouri1–(800) 342–6700). The Western Unionoperator should be given DatagramIdentification Number N1023 and thefollowing message addressed to RobertA. Capra: petitioner’s name andtelephone number, date petition wasmailed, plant name, and publicationdate and page number of this FederalRegister notice. A copy of the petitionshould also be sent to the Office of theGeneral Counsel, U.S. NuclearRegulatory Commission, Washington,DC 20555, and to Michael I. Miller,Esquire; Sidley and Austin, One FirstNational Plaza, Chicago, Illinois 60690,attorney for the licensee.

Nontimely filings of petitions forleave to intervene, amended petitions,supplemental petitions and/or requestsfor hearing will not be entertainedabsent a determination by theCommission, the presiding officer or thepresiding Atomic Safety and LicensingBoard that the petition and/or requestshould be granted based upon abalancing of the factors specified in 10CFR 2.714(a)(1)(i)–(v) and 2.714(d).

For further details with respect to thisaction, see the application foramendments dated August 31, 1993, assupplemented July 19, 1994, which areavailable for public inspection at theCommission’s Public Document Room,the Gelman Building, 2120 L Street,NW., Washington, DC, and at the localpublic document room located at theBryon Public Library, 109 N. Franklin,P.O. Box 434, Byron, Illinois 61010 forthe Byron Station; for Braidwood, theWilmington Township Public Library,201 S. Kankakee Street, Wilmington,Illinois 60481.


For the Nuclear Regulatory Commission.Ramin R. Assa,Project Manager, Project Directorate III–2,Division of Reactor Projects—III/IV, Office ofNuclear Reactor Regulation.[FR Doc. 95–1813 Filed 1–24–95; 8:45 am]BILLING CODE 7590–01–M

OFFICE OF PERSONNELMANAGEMENT

National Partnership; Meetings

AGENCY: Office of PersonnelManagement.ACTION: Notice of meeting.

SUMMARY: The Office of PersonnelManagement (OPM) announces theFebruary and March meetings of theNational Partnership Council (theCouncil). Notice of these meetings isrequired under the Federal AdvisoryCommittee Act.TIME AND PLACE: The February meetingwill be held February 8, 1995; theMarch meeting will be held on March 8,1995. Both meetings will be at 1 p.m.,in the OPM Conference Center, Room1350, Theodore Roosevelt Building,1900 E Street, NW., Washington, DC20415–0001. The conference center islocated on the first floor.TYPE OF MEETING: These meetings will beopen to the public. Seating will beavailable on a first-come, first-servedbasis. Handicapped individuals wishingto attend should contact OPM to obtainappropriate accommodations.POINT OF CONTACT: Douglas K. Walker,National Partnership Council, ExecutiveSecretariat, Office of PersonnelManagement, Theodore RooseveltBuilding, 1900 E Street, NW., Room5315, Washington, DC 20415–0001,(202) 606–1000.SUPPLEMENTARY INFORMATION: TheCouncil will receive reports on anddiscuss activities contained in thestrategic action plan for 1995 that wasadopted at the January 10, 1995,meeting.PUBLIC PARTICIPATION: We inviteinterested persons and organizations tosubmit written comments orrecommendations. Mail or deliver yourcomments or recommendations to Mr.Douglas K. Walker at the address shownabove. Comments should be received byFebruary 3, in order to be considered atthe Council’s February meeting, and byMarch 3, in order to be considered at theCouncil’s March meeting.


1 See letter from David T. Rusoff, Counsel,Chicago Stock Exchange, to Glen Barrentine, SeniorCounsel, Division of Market Regulations, SEC,dated January 18, 1995. See infra note 4 for adescription of Amendment No. 1.

2 The Consolidated Tape, operated by theConsolidated Tape Association (‘‘CTA’’), compilescurrent last sale reports in certain listed securitiesfrom all exchanges and market makers trading suchsecurities and disseminates these reports to vendorson a consolidated basis. The CTA is comprised ofthe New York, American, Boston, Cincinnati,Chicago, Pacific, and Philadelphia Stock Exchanges,as well as the Chicago Board Options Exchange andthe National Association of Securities Dealers, Inc.Transactions in American Stock Exchange listedstocks and qualifying regional listed stocks arereported on CTA Tape B.

3 See Securities Exchange Act Release No. 33637(Feb. 17, 1994), 59 FR 9261 (approving File No. SR–CHX–94–4). The Exchange has waived these fees forseveral consecutive years. See Securities ExchangeAct Release No. 31636 (Dec. 22, 1992), 57 FR 62406(approving File No. SR–MSE–92–15); SecuritiesExchange Act Release No. 30154 (Jan. 6, 1992), 57FR 1291 (approving File No. SR–MSE–91–17);Securities Exchange Act Release No. 28916 (Feb. 25,1991), 56 FR 9028 (approving File No. SR–MSE–91–7).

4 Amendment No. 1 deleted a reference in theTransaction Fee Schedule that limited theapplicability of such fees on round lots/mixed lotsand odd lots to transactions in New York StockExchange listed issues. This reference was includedinadvertently in the Exchange’s filings requestingthe waiver of these fees for calendar years 1992,1993, and 1994.

Office of Personnel Management.James B. King,Director.[FR Doc. 95–1780 Filed 1–24–95; 8:45 am]BILLING CODE 6325–01–M

SECURITIES AND EXCHANGECOMMISSION

[Release No. 34–35239; File No. SR–CHX–95–2]

Self-Regulatory Organizations; Noticeof Filing and Immediate Effectivenessof Proposed Rule Change by theChicago Stock Exchange, IncorporatedRelating to the Extension of the Waiverof Certain Exchange Transaction Feesfor Transactions in Certain Tape BEligible Issues

January 19, 1995.Pursuant to Section 19(b)(1) of the

Securities Exchange Act of 1934(‘‘Act’’), 15 U.S.C. 78s(b)(1), notice ishereby given that on January 9, 1955,the Chicago Stock Exchange,Incorporated (‘‘CHX’’ or ‘‘Exchange’’)filed with the Securities and ExchangeCommission (‘‘Commission’’) theproposed rule change as described inItems I, II, and III below, which Itemshave been prepared by the self-regulatory organization. On January 18,1995, the Exchange submitted to theCommission Amendment No. 1 to theproposed rule change, which is alsodescribed below.1 The Commission ispublishing this notice to solicitcomments on the proposed rule changefrom interested persons.

I. Self-Regulatory Organization’sStatement of the Terms of Substance ofthe Proposed Rule Change

The Exchange proposes to extend thewaiver of certain transaction fees, as setout in Section (c) (Transaction FeeSchedule) of its Membership Dues andFees, for transactions in Tape B eligibleissues.2 executed through the MidwestAutomated Execution System (‘‘MAX’’).The Exchange had waived these fees

through December 31, 1994 3 and nowproposes to extend the waiver on MAXexecuted trades through December 31,1995. The text of the proposed rulechange is as follows [new text isitalicized; deleted text is bracketed]:

(c) Transaction Fee Schedule

Round Lots/Mixed Lots45 cents per 100 shares.$100.00 maximum per trade.

Odd Lots35 cents per trade.$400.00 maximum monthly fees.

The above fees include all applicabletrade recording fees, as set out in theMidwest Clearing Corporation (MCC)‘‘Services and Schedule of Charges’’bulletin, relating to floor executedtrades.

The above fees shall not apply totransactions in Tape B eligible issueswhich are executed through theMidwest Automated Execution System(‘‘MAC’’) through December 31, 199[4]5;however, all applicable trade recordingfees relating to Tape B trades will beassessed as set out in the MCC ‘‘Servicesand Schedule of Charges’’ bulletin.4

II. Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the Proposed RuleChange

In its filing with the Commission, theself-regulatory organization includedstatements concerning the purpose ofand basis for the proposed rule changeand discussed any comments it receivedon the proposed rule change. The textof these statements may be examined atthe places specified in Item IV below.The self-regulatory organization hasprepared summaries, set forth inSections A, B, and C below, of the mostsignificant aspects of such statements.

A. Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the Proposed RuleChange

1. Purpose

The purpose of the proposed rulechange is to continue the Exchange’sefforts to attract additional order flow inTape B eligible securities to enhance theExchange’s competitive position inthese issues. Limiting the waiver of feesto MAX trades recognizes the economiesof scale and cost savings achievedthrough electronic order routing versusmanually processed trades.

2. Statutory Basis

The proposed rule change isconsistent with Section 6(b)(4) of theSecurities Exchange Act of 1934 in thatit provides for the equitable allocationof reasonable dues, fees, and othercharges among its members and issuersand persons using its facilities.

B. Self-Regulatory Organization’sStatement on Burden on Competition

The fee change will impose no burdenon competition.

C. Self-Regulatory Organization’sStatement on Comments on theProposed Rule Change Received FromMembers, Participants, or Others

No written comments were solicitedor received with respect to the feechange.

III. Date of Effectiveness of theProposed Rule Change and Timing forCommission Action

The foregoing rule change establishesor changes a due, fee, or other chargeimposed by the Exchange and, therefore,has become effective pursuant toSection 19(b)(3)(A) of the Act andsubparagraph (e) of Rule 19b–4thereunder. At any time within 60 daysof the filing of such proposed rulechange, the Commission may summarilyabrogate such rule change if it appearsto the Commission that such action isnecessary or appropriate in the publicinterest, for the protection of investors,or otherwise in furtherance of thepurposes of the Act.

IV. Solicitation of Comments

Interested persons are invited tosubmit 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 statements


1 Generally, the rules of the options exchangesprovide that equity options may be traded up untilthe close of business on the last business day beforeexpiration, which is generally the third Friday ofthe expiration month (‘‘Expiration Friday’’), See,e.g., CBOE Rule 11.1 and Phlx Rule 1042.

2 For customers, an exercise instruction is anotice delivered to a member to exercise an option.for a clearing member of The Options ClearingCorporation (‘‘OCC’’) or a market maker or floorbroker on a national options exchange, an exerciseinstruction is a notice to OCC to exercise an optionthat would not be automatically exercised pursuantto OCC’s exercise-by-exception procedure (‘‘OCCRule 805’’), or not to exercise an option that wouldotherwise be automatically exercised pursuant toOCC Rule 805. See infra note 6. The OCC hasseparate rules regarding cut-off time by whichexercise notices must be delivered to OCC by OCCclearing members. The proposed rule change doesnot in any way affect OCC rules.

3 In most cases, exercise instructions areelectronically transmitted to OCC clearing membersthrough the Clearing Management and ControlSystem (‘‘C/MACS’’).

4 See, e.g., In re Farmers Group Stock OptionsLitigation, Master File No. 88–4994 (E.D.Pa).

with respect to the proposed rulechange that are filed with theCommission, and all writtencommunications relating to theproposed rule change between theCommission and any person, other thanthose that may be withheld from thepublic in accordance with theprovisions of 5 U.S.C. 552, will beavailable for inspection and copying atthe Commission’s Public ReferenceSection, 450 Fifth Street, N.W.,Washington, D.C. 20549. Copies of suchfiling will also be available forinspection and copying at the principaloffice of the Chicago Stock Exchange.All submissions should refer to File No.SR–CHX–95–2 and should be submittedby February 15, 1995.

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority.

Margaret H. McFarland,Deputy Secretary.[FR Doc. 95–1784 Filed 1–24–95; 8:45 am]


[Release No. 34–35235; File No. SR–NASD–94–78]

Self-Regulatory Organizations; Noticeof Filing of a Proposed Rule Change bythe National Association of SecuritiesDealers, Inc., Relating to Exercise Cut-Off Procedures for Expiring EquityOptions Contracts

January 18, 1995.

Pursuant to Section 19(b)(1) of theSecurities Exchange Act of 1934(‘‘Act’’), 15 U.S.C. 78s(b)(1), notice ishereby given that on December 23, 1994,the National Association of SecuritiesDealers, Inc. (‘‘NASD’’) filed with theSecurities and Exchange Commission(‘‘Commission’’ or ‘‘SEC’’) the proposedrule change as described in Items I, II,and III below, which Items have beenprepared by the NASD. TheCommission is publishing this notice tosolicit comments on the proposed rulechange from interested persons.

I. Self-Regulatory Organization’sStatement of the Terms of Substance ofthe Proposed Rule Change

The NASD proposes to amend Section63 of the NASD’s Uniform Practice Code(‘‘Practice Code’’) relating to theexercise of expiring standardized equityoptions contracts. The text of theproposed rule change is available at theOffice of the Secretary, NASD, and atthe Commission.

II. Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the proposed RuleChange

In its filing with the Commission, theNASD included statements concerningthe purpose of and basis for theproposed rule change and discussed anycomments it received on the proposedrule change. The text of these statementsmay be examined at the places specifiedin Item IV below. The NASD 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, and theStatutory Basis for, the Proposed RuleChange

Currently, with regard to expiringstandardized equity options, Section 63of the Practice Code provides that NASDmembers and their customers arerequired to indicate their exercisedecisions to clearing members no laterthan 5:30 p.m., E.S.T., on the businessday immediately prior to the expirationdate of the options (‘‘Exercise Cut-OffTime’’).1 this is the latest time by whichan exercise instruction 2 may be: (1)Prepared by a clearing member forpositions in its proprietary tradingaccount; (2) accepted by a clearingmember from a non-clearing member; or(3) accepted by a member from anycustomer.3

The only exemptions to the ExerciseCut-Off Times contained in Section 63of the Practice Code are: (1) To remedymistakes or errors made in good faith;(2) to take appropriate action as theresult of a failure to reconcile anunmatched option transaction; (3)where exceptional circumstancesrelating to a customer’s or member’s

ability to communicate exerciseinstructions to a member (or a member’sability to receive such exerciseinstructions) prior to the Exercise Cut-Off Time warrant such action; and (4)with respect to options contracts in anaccount maintained for another memberin which only positions of customers ofsuch other member are carried.Members are required to prepare amemorandum of every exerciseinstruction received from a customerstating the time when such instructionwas received. In addition, in the eventa member receives and acts on anexercise instruction pursuant to one ofthe exceptions noted above, the membermust prepare a memorandum settingforth the circumstances giving rise tothe exception. If the member is relyingon either the first or the third exceptiondescribed above, the member mustpromptly file a copy of thememorandum with the NASD.

Thus, it is presently a violation ofSection 63 of the Practice Code forclearing members to accept exerciseinstructions after the Exercise Cut-OffTime, except in reliance on one of theexceptions noted above. Becauseexercise instructions are submitted tothe clearing members, without havingthe audit trail pass directly through theNASD or the particular optionsexchange(s) trading the expiring option,it is difficult for the NASD to surveil forviolations of Section 63. In fact, therehave been some situations wheremembers have either delayed makingexercise decisions until after theExercise Cut-Off Time in anticipation ofthe release of significant newsconcerning a particular underlyingcompany or, havig made exercisedecisions prior to the Exercise Cut-OffTime, changed these decisions basedupon such news. In one notablesituation, the NASD notes that certainfirms that anticipated the release ofmaterial news regarding a particularcompany allegedly delayed making theirexercise decisions until after theExercise Cut-Off Time, causing firmswho claimed to have beendisadvantaged by such conduct tocommence a series of highly publicizedarbitration proceedings and lawsuits.4

Accordingly, in order to enable theoptions exchanges and the NASD todetermine whether options holders havemade their final exercise decisions nolater than the prescribed Exercise Cut-Off Time and not on the basis of marketdevelopments occurring after theExercise Cut-Off Time, the NASDproposes to amend Section 63 of the


5 Because OCC’s rules are not affected by this ruleproposal, the reporting of final exercise decisions ascontemplated by the revised rule does not serve tosubstitute as the effective exercise notice to OCC forthe exercise or non-exercise of expiring options.

6 OCC Rule 805 provides for the automaticexercise of in-the-money options of expirationwithout the submission of an exercise notice toOCC if the price of the security underlying theoption is at or above a certain price for calls or ator below a certain price for puts; and the non-exercise of an option at expiration if the price ofthe security underlying the option does not satisfysuch price levels. See OCC Rule 805.

7 Even though this may be accomplished bysubmitting exercise decisions directly to therelevant options exchange, the more likely mannerof accomplishing this will be to submit the exercisedecisions to the options exchanges through C/MACS. Due to the burden that would be placed on

members by having to manually process everyexercise decision for delivery directly to therelevant options exchange, the procedures and rulesbeing proposed herein will not be implemented bythe NASD until OCC submits a writtenrepresentation to the Commission that C/MACS hasbeen modified as necessary, fully tested, and readyto go on-line to allow members to submit exercisedecisions to the options exchanges through C/MACS. The Commission notes that the proceduresand rules proposed herein are scheduled forimplementation in time for the February 1995equity option expirations.

8 This could happen when an underlying securityis not traded on its primary market on the tradingday immediately preceding an expiration date and,as a result, OCC determines not to fix a closingprice for that security. See OCC Rule 805(1).

9 See supra note 6.10 Specifically, in order to conform the NASD’s

proposed rule with the rules of the optionsexchanges, the NASD proposes to delete theexemption that applies to ‘‘option contracts carriedin an account maintained for another member inwhich only positions of customers of such othermember are carried.’’

11 ISG was formed on July 14, 1983 to, amongother things, coordinate more effectivelysurveillance information sharing arrangements inthe stock and options markets. See IntermarketSurveillance Sharing Group Agreement, July 14,1983. The members of ISG are the American StockExchange, Inc., the Boston Stock Exchange, Inc., theChicago Board Options Exchange, Inc., the ChicagoStock Exchange, Inc., the Cincinnati StockExchange, Inc., the NASD, the New York StockExchange, Inc., the Pacific Stock Exchange, Inc.,and the Philadelphia Stock Exchange, Inc.

12 See Securities Exchange Act Release Nos.34806 (October 7, 1994), 59 FR 52339 (October 17,

Continued

Practice Code to provide for an exerciseadvice procedure. Specifically, theproposed rule change will alter theexisting exercise instruction proceduresby requiring that final exercise decisionsalso be submitted to the relevant optionsexchange(s) trading a particular equityoption. The clearing members will stillbe responsible for delivering exercisenotices to OCC, however, the proposedrule change will allow the NASD, inconjunction with the options exchanges,to accurately document when eachexercise instruction was received by amember or clearing member ordelivered by a clearing member toOCC.5 The Exercise Cut-Off Time willstill be 5:30 p.m. E.S.T. on the businessday immediately prior to the expirationdate.

In particular, under the proposal,there will be two means of exercising anexpiring equity option: (1) Take noaction and allow exercisedeterminations to be made inaccordance with OCC Rule 805; 6 or (2)members may submit a contraryexercise advice (i.e., a noticecommitting an option holder either toexercise an option that would nototherwise be exercised automaticallypursuant to OCC Rule 805, or not toexercise an option that otherwise wouldbe exercised automatically pursuant toOCC Rule 805) (‘‘Contrary ExerciseAdvice’’). A Contrary Exercise Advicewill be submitted by NASD memberseither: (1) To a place designated for thatpurpose by any national optionsexchange of which they are a memberand where the particular equity optionis listed; (2) to a place designated forthat purpose by any national optionsexchange that lists and trades thatequity option via a member of suchexchange if the member is not a memberof such exchange; (3) to any nationaloptions exchange of which they are amember and where the equity option islisted via OCC in a form prescribed byOCC; 7 or (4) to any national options

exchange where the equity option islisted via OCC in a form prescribed byOCC, provided the member is a memberof OCC. In those instances where OCCRule 805 has been waived by OCC,8 theproposal provides that a ContraryExercise Advice must be submittedprior to the Exercise Cut-Off Time bymembers wanting to exercise an optionthat would not have been automaticallyexercised, or not to exercise an optionthat would have been automaticallyexercised, had OCC’s exercise-by-exception procedure been in effect.9 Theapplicable underlying security price insuch instances will be as described inOCC Rule 805(1), which is normally thelast sale price in the primary market forthe underlying security.

The proposal also requires thatmembers maintaining proprietary orpublic customer positions in expiringoptions take necessary steps to ensurethat final exercise decisions are properlyindicated to the relevant nationaloptions exchange with respect to suchpositions. In addition, the proposalprovides that members who haveaccepted the responsibility to indicatefinal exercise decisions on behalf ofanother member also shall takenecessary steps to ensure that suchdecisions are properly indicated to therelevant national options exchange. Inthis connection, the proposal alsoprovides that members may establish aninternal processing cut-off time prior to5:30 p.m. E.S.T., at which time themember will no longer accept finalexercise decisions from its customers inexpiring options.

With certain minor modifications,10

the proposal maintains the currentexceptions to Section 63 of the PracticeCode. The proposal, however, does addlanguage to Section 63(b)(3) to expressly

state that the burden of establishing anexception to the Exercise Cut-Off Timefor a proprietary or customer account ofa member rests solely on the memberseeking to rely on such exception.

In the event a member does not timelysubmit a Contrary Exercise Advicepursuant to an exception, theresponsible member must prepare awritten memorandum describing thecircumstances surrounding the latesubmission of the Contrary ExerciseAdvice and stating the time when suchfinal exercise decision was made or, inthe case of a customer, was received.The member must also file a copy of thememorandum with the marketsurveillance department of the nationaloptions exchange trading the option, ifit is a member of such exchange, or theNASD’s Market SurveillanceDepartment if it is not a member of suchexchange, no later than 12:00 p.m.,E.S.T., on the business day followingthat expiration.

Furthermore, in order to highlight theseriousness of violating Section 63 ofthe Practice Code, the proposed rulelanguage expressly states thatsubmitting or preparing an exerciseinstruction after the Exercise Cut-OffTime in any expiring equity option onthe basis of material informationreleased after the Exercise Cut-Off Timeis activity inconsistent with just andequitable principles of trade. Theproposal also states that therequirements specified in Section 63(b)will not apply to standardized foreigncurrency options or standardized indexoption products.

The NASD represents that theproposed rule change reflects acoordinated effort among all the optionsexchanges, the NASD, and OCC. Inparticular, the NASD represents that theproposed exercise advice procedure hasbeen reviewed and endorsed by theIntermarket Surveillance Group(‘‘ISG’’),11 which is in the process ofissuing a joint circular explaining theoperation of the new exercise cut-offprovisions. The NASD notes that theCommission has already approvedsimilar rule proposals from each of thenational options exchanges.12


1994) (order approving File No. SR–PHLX–93–37);34807 (October 7, 1994), 59 FR 52329 (October 17,1994) (order approving File No. SR–CBOE–94–06);34808 (October 7, 1994), 59 FR 52324 (October 17,1994) (order approving File No. SR–AMEX–94–01);34810 (October 7, 1994), 59 FR 52334 (October 17,1994) (order approving File No. SR–PSE–94–12);and 34818 (October 11, 1994), 59 FR 52331 (October17, 1994) (order approving File No. SR–NYSE–94–12). 13 17 CFR 200.30–3(a)(12) (1994).

1 Applicants have agreed to amend thisapplication during the notice period to reflect thatthe future contracts and the contracts issued byfuture separate accounts relying on the exemptiverelief requested here shall be materially similar tothe Contracts.

The NASD believes that the proposalis consistent with Section 15A(b)(6) ofthe Act. Section 15A(b)(6) requires thatthe rules of a national securitiesassociation be designed to preventfraudulent and manipulative acts andpractices, to promote just and equitableprinciples of trade, to foster cooperationand coordination with persons engagedin regulating, clearing, settling,processing information with respect to,and facilitating transactions insecurities, to remove impediments toand perfect the mechanism of a free andopen market and a national marketsystem and, in general, to protectinvestors and the public interest.Specifically, the NASD believes theproposal is consistent with Section15A(b)(6) of the Act because it shouldimprove the NASD’s ability to surveilfor and deter violations of the ExerciseCut-Off Time for expiring equityoptions. In addition, the NASD believesthat the requirement that a membermust submit a written memorandumdescribing the circumstancessurrounding the late submission of aContrary Exercise Advice will betterenable the NASD to surveil for instanceswhere exercise decisions areimpermissibly made or changed on thebasis of material information releasedafter the Exercise Cut-Off Time.

B. Self-Regulatory Organization’sStatement on Burden on Competition

The NASD does not believe that theproposed rule change will impose anyburden on competition.

C. Self-Regulatory Organization’sStatement on Comment on the ProposedRule Change Received From Members,Participants or Others

No written comments were eithersolicited or received with respect to theproposed rule change.

III. Date of Effectiveness of theProposed Rule Change and Timing forCommission Action

Within 35 days of the date ofpublication of this notice in the FederalRegister or within such longer period (i)as the Commission may designate up to90 days of such date if it finds suchlonger period to be appropriate andpublishes its reasons for so finding or(ii) as to which the self-regulatory

organization consents, the Commissionwill:(A) By order approve such proposed

rule change, or(B) institute proceedings to determine

whether the proposed rule changeshould be disapproved.

IV. Solicitation of CommentsInterested persons are invited to

submit written data, views andarguments concerning the foregoing.Persons making written submissionsshould file six copies thereof with theSecretary, Securities and ExchangeCommission, 450 Fifth Street, N.W.,Washington, D.C. 20549. Copies of thesubmission, all subsequentamendments, all written statementswith respect to the proposed rulechange that are filed with theCommission, and all writtencommunications relating to theproposed rule change between theCommission and any person, other thanthose that may be withheld from thepublic in accordance with theprovisions of 5 U.S.C. 552, will beavailable for inspection and copying inthe Commission’s Public ReferenceSection, 450 Fifth Street, N.W.,Washington, D.C. 20549. Copies of suchfiling will also be available forinspection and copying at the principaloffice of the NASD. All submissionsshould refer to File Number SR–NASD–94–78 and should be submitted byFebruary 15, 1995.

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority.13

Margaret H. McFarland,Deputy Secretary.[FR Doc. 95–1783 Filed 1–24–95; 8:45 am]BILLING CODE 8010–01–M

[Rel. No. IC–20846; File No. 812–9140]

Anchor National Life InsuranceCompany, et al.

January 19, 1995.AGENCY: Securities and ExchangeCommission (‘‘SEC’’ or the‘‘Commission’’).ACTION: Notice of application for anorder under the Investment CompanyAct of 1940 (the ‘‘1940 Act’’).

APPLICANTS: Anchor National LifeInsurance company (‘‘AnchorNational’’), Variable Annuity AccountTwo (‘‘Separate Account’’) and VistaBroker-Dealer Services, Inc. (‘‘Vista’’).RELEVANT 1940 ACT SECTIONS: Orderrequested under Section 6(c) of the 1940

Act for exemptions from Sections26(a)(2) and 27(c)(2) thereof.SUMMARY OF APPLICATION: Applicantsseek an order to the extent necessary topermit the deduction of mortality andexpense risk charges and a distributionexpense charge from the assets of theSeparate Account under certainindividual and group variable annuitycontracts (the ‘‘Contracts’’) fundedthrough the Separate Account andunder materially similar contractswhich may be funded in the future bythe Separate Account (the ‘‘futurecontracts’’), and from the assets of anyother separate account established inthe future by Anchor National (the‘‘future separate accounts’’) inconnection with the issuance ofcontracts that are materially similar tothe Contracts.1

FILING DATE: The application was filedon August 3, 1994, and amended onNovember 22, 1994.HEARING OR NOTIFICATION OF HEARING: Anorder granting the application will beissued unless the Commission orders ahearing. Interested persons may requesta hearing on the application by writingto the Secretary of the Commission andserving the Applicants with a copy ofthe request, personally or by mail.Hearing requests must be received bythe Commission by 5:30 p.m. onFebruary 13, 1995, and should beaccompanied by proof of service on theApplicants in the form of an affidavit or,for lawyers, a certificate of service.Hearing requests should state the natureof the writer’s interest, the reason for therequest, and the issues contested.Persons may request notification of ahearing by writing to the Secretary ofthe Commission.ADDRESSES: Secretary, SEC, 450 FifthStreet NW., Washington, DC 20549.Applicants, c/o Mark J. Mackey, Esq.,Routier, Mackey and Johnson, P.C., 1700K Street NW., Suite 1003, Washington,DC 20006.FOR FURTHER INFORMATION CONTACT:Patrice M. Pitts, Attorney, or WendyFinck Friedlander, Deputy Chief, Officeof Insurance Products, Division ofInvestment Management, at (202) 942–0670.SUPPLEMENTARY INFORMATION: Followingis a summary of the application. Thecomplete application is available for afee from the Public Reference Branch ofthe Commission.


Applicants’ Representations

1. Anchor National is a stock lifeinsurance company organized under thelaws of the State of California. On May24, 1994, Anchor National establishedthe Separate Account to fund variableannuity contracts. The SeparateAccount is registered under the 1940Act as a unit investment trust. TheSeparate Account is administrated andaccounted for as part of the generalbusiness of Anchor National, but theincome, gains or losses of eachsubaccount of the Separate Account is/are credited to or charged against theassets held in that subaccount inaccordance with the terms of theContracts, without regard to otherincome, gains or losses of any othersubaccount or arising out of any otherbusiness Anchor National may conduct.

2. Vista is a broker-dealer registeredunder the Securities Exchange Act of1934, and is the distributor for theContracts.

3. The Contracts are tax deferredannuities that provide for theaccumulation of values and the paymentof annuity benefits on a fixed basis, ora combination of both. Typically, agroup Contract is issued to a contractholder and covers all participants in thegroup. Each participant receives acertificate that evidences his or herparticipation under the Contract. Inthose states where the group Contract isnot available, an individual Contractmay be available instead. Theindividual Contract is substantiallysimilar to the group Contract except thatthe individual Contract is issueddirectly to the owner, rather than to acontract holder for the benefit of aparticipant. (For convenience,references to ‘‘participant’’ and‘‘certificate’’ herein shall include aContract owner and the Contract,respectively, in the case of an individualContract.)

4. The Contracts are available forretirement plans that do not qualify forthe special federal tax advantagesavailable under the Internal Revenuecode (‘‘non-qualified plans’’) as well asfor retirement plans that do qualify forthe federal tax advantages availableunder the Internal Revenue code(‘‘qualified plans’’).

5. Purchase payments under theContracts may be made to the SeparateAccount, to the general account ofAnchor National under the Contract’sfixed account option (‘‘Fixed Account’’),or allocated between the SeparateAccount and the Fixed Account. Theminimum initial purchase payment fora Contract is $5,000 for non-qualifiedcontracts, or $2,000 for qualified

contracts. Additional purchasepayments may be made in amounts ofat least $250, or $100 in the case of anautomatic payment plan.

6. Initially, the Contracts will befunded through six subaccounts (the‘‘Subaccounts’’) of the SeparateAccount; each Subaccount will invest inthe shares of one of six available seriesof Mutual Fund Variable Annuity Trust(‘‘Trust’’). Additional underlying fundsmay become available in the future.

7. The six available series of the Trustare: the Growth and Income Portfolio;the Capital Growth Portfolio; theInternational Equity Portfolio; the AssetAllocation Portfolio; the U.S. TreasuryIncome Portfolio; and the Money MarketPortfolio. The Trust is registered underthe 1940 Act as a diversified, open-end,management investment company.

8. If the participant dies during theaccumulation period, a death benefitwill be payable to the beneficiary openreceipt by Anchor National of due proofof death. The death benefit is reducedby the premium tax incurred by AnchorNational, if any. If the participant isyounger than age 70 at the date ofcertificate issue, the death benefit isequal to the greatest of: (1) The totaldollar amount of purchase paymentsmade prior to the death of theparticipant, reduced by any partialwithdrawals and partial annuitizations;(ii) the Contract value at the end of thevaluation period during which dueproof of death (and an election of thetype of payment to the beneficiary) isreceived by Anchor national; or (iii)where permitted by state law, theContract value at that anniversary of thecertificate issue date preceding the dateof death—increased by any purchasepayments made and reduced by anypartial withdrawals and partialannuitizations since that anniversary—which yields the greatest result. If theparticipant is at least age 70 on the dateof certificate issue, the death benefitwill equal (ii) above.

9. An annual contract administrationcharge of $30 is charged against eachcertificate. The amount of this charge isguaranteed and cannot be increased.This charge reimburses Anchor Nationalfor expenses incurred in establishingand maintaining records relating to aContract. The contract administrationcharge will be assessed on eachanniversary of the certificate issue datethat occurs on or prior to the annuitydate. In the event that a total surrenderof Contract value is made, the chargewill be assessed as of the date ofsurrender, without proration. Thischarge is not assessed during theannuity period. The contract

administration charge is at cost, with nomargin included for profit.

10. During the accumulation period,amounts allocated to the SeparateAccount may be transferred among theSubaccounts and/or to the FixedAccount. Both before and after theannuity date, Contract values may betransferred from the Separate Accountto the Fixed Account. The first fifteentransfers in any Contract year arepermitted without the imposition of atransfer fee. A transfer fee of $25 ($10in Pennsylvania and Texas) is assessedon the sixteenth and each subsequenttransfer within a Contract year. This feewill be deducted from Contract valuesthat remain in the Subaccount or theFixed Account, as appropriate, fromwhich the transfer was made. If theremaining Contract value is insufficientto pay the transfer fee, the fee will bededucted from transferred Contractvalues. The transfer fee is at cost, withno anticipation of profit.

11. Although there is a freewithdrawal amount that applies to thefirst withdrawal during a Contract yearafter the first, a contingent deferredsales charge (the ‘‘Withdrawal Charge’’)may be imposed upon certainwithdrawals. Withdrawal Charges willvary in amount depending upon thecontribution year of the purchasepayment at the time of withdrawal. Sothat all withdrawals are allocated topurchase payments to which the lowestWithdrawal Charge (if any) applies,withdrawals will be allocated first toinvestment income, if any, whichgenerally may be withdrawn free ofWithdrawal Charge, and then topurchase payments on a first-in, first-out basis.

12. Earnings in a participant’s accountand purchase payments no longersubject to the Withdrawal Charge maybe withdrawn at any time free of theWithdrawal Charge. In addition, theremay be a free withdrawal amount for thefirst withdrawal during the second orany subsequent Contract year. Thatadditional free withdrawal amount isequal to 10% of purchase paymentsmade more than one year prior to thedate of withdrawal that remain subjectto the Withdrawal Charge and that havenot previously been withdrawn, lessearnings in the participant’s account.

13. Any amounts withdrawn thatexceed the limits described above maybe subject to a Withdrawal Charge inaccordance with the table shown below.


WITHDRAWAL CHARGE TABLE

Contribution year

Applicablewithdrawal

chargepercentage

Zero .......................................... 6First ........................................... 6Second ...................................... 5Third .......................................... 5Fourth ....................................... 4Fifth ........................................... 3Sixth .......................................... 2Seventh and later ..................... 0

The Withdrawal Charge may bereduced or waived in certaincircumstances, as described in theprospectus for the Contracts.

14. Anchor National deducts adistribution expense charge from eachSubaccount during each valuationperiod that is equal, on an annual basis,to 0.15% of the net asset value of eachSubaccount. This charge is designed tocompensate Anchor National forassuming the risk that the cost ofdistributing the Contracts will exceedthe revenues from the WithdrawalCharge. In no event will this charge beincreased. The distribution expensecharge is assessed during both theaccumulation period and the annuityperiod; it is not applied to Contractvalues allocated to the Fixed Account.

15. Annuity payments will not beaffected by the mortality experience of(i) persons receiving such payments or(ii) the general population. The annuityrates may not be changed under theContract. Anchor National deducts amortality risk charge from the SeparateAccount for assuming the risks that: (i)The life expectancy of an annuitant willbe greater than that assumed in theguaranteed annuity purchase rates; (ii)the Withdrawal Charge may be waivedin the event of the death of theparticipant; and (iii) the death benefitmust be provided before the annuitydate. The charge is deducted from eachSubaccount during each valuationperiod at an annual rate of 0.90% of thenet asset value of each Subaccount. Ifthe mortality risk charge is insufficientto cover the actual cost of assuming themortality risks, Anchor National willbear the loss. If the charge proves morethan sufficient, the excess will be a gainto Anchor National. To the extentAnchor National realizes any gain, thoseamounts may be used at its discretion,including offsetting losses experiencedwhen the mortality risk charge isinsufficient. The mortality risk chargemay not be increased under theContract.

16. Anchor National bears the riskthat the Contract administration charge

will be insufficient to cover the cost ofadministering the Contracts. Forassuming this risk, Anchor Nationaldeducts an expense risk charge from theSeparate Account during each valuationperiod at an annual rate of 0.35% of thenet asset value of each portfolio. If theexpense risk charge is insufficient tocover the actual cost of administeringthe Contracts, Anchor National will bearthe loss. If the charge is more thansufficient, the excess will be a gain toAnchor National. To the extent AnchorNational realizes any gain, thoseamounts may be used at its discretion,including offsetting losses when theexpense risk charge is insufficient. Theexpense risk charge may not beincreased under the Contract.

17. Applicants represent that theaggregate amount of any WithdrawalCharges imposed and distributionexpense charges paid will not at anytime exceed 9% of purchase paymentspreviously made, and that AnchorNational will monitor each participant’saccount for the purpose of ensuring thatthis limitation is not exceeded.Applicants undertaken to include in theprospectus forming part of theregistration statement for the Contractsstatements describing the purpose of thedistribution expense charge andstatements that the staff of theCommission deems such charge toconstitute a deferred sales charge.Applicants undertake to abide by therepresentations and undertakings setforth in this paragraph relating to thedistribution expense charge inconnection with future contracts, aswell as materially similar contractsfunded through future separateaccounts, relying on the requestedorder.

Applicants’ Legal Analysis1. Applicants hereby request that the

Commission, under Section 6(c) of the1940 Act, grant exemptions fromSections 26(a)(2) and 27(c)(2) thereof tothe extent necessary to permit thededuction of mortality and expense riskcharges and a distribution expensecharge: (i) from the Separate Accountunder the Contracts and under anyfuture contracts; and (ii) from the assetsof any future separate accounts whichoffer contracts materially similar to thecontracts.

2. Pursuant to Section 6(c) of the Act,the Commission may, by order uponapplication, conditionally orunconditionally exempt any person,security, or transaction, or any class orclasses of persons, securities ortransactions, from any provision orprovisions of the 1940 Act or from anyrule or regulation thereunder, if and to

the extent that such exemption isnecessary or appropriate in the publicinterest and consistent with theprotection of investors and the purposesfairly intended by the policy andprovisions of the 1940 Act.

3. Sections 26(a)(2) and 27(c)(2) of the1940 Act require, among other things,that all payments received under aperiodic payment plan certificate soldby a registered unit investment trust,any depositor thereof or underwritertherefor, be held by a qualified bank astrustee or custodian, underarrangements which prohibit anypayment to the depositor or principalunderwriter except for the payment of afee, not exceeding such reasonableamount as the Commission mayprescribe, for bookkeeping and otheradministrative services.

4. Applicants believe that extendingthe requested relief to the futurecontracts, as well as to materiallysimilar contracts funded through futureseparate accounts, is appropriate in thepublic interest and consistent with theprotection of investors and the purposesfairly intended by the policy andprovisions of the 1940 Act. Applicantssubmit that such an order wouldpromote competitiveness in the variableannuity contract market by eliminatingthe need for Anchor National to fileredundant exemptive applications,thereby reducing Anchor National’sadministrative expenses andmaximizing the efficient use of AnchorNational’s resources. The delay andexpense involved in having to seekexemptive relief repeatedly wouldimpair Anchor National’s abilityeffectively to take advantage of businessopportunities as they arise. Applicantsfurther submit that the requested reliefis consistent with the purposes of the1940 Act an the protection of investorsfor the same reasons. Applicants submitthat if Anchor National were requiredrepeatedly to seek exemptive relief withrespect to the same issues addressed inthis application, investors would notreceive any benefit or additionalprotection thereby.

5. Applicants assert that the aggregateof the mortality and expense riskcharges, 1.25%, is reasonable in relationto the risks assumed by Anchor Nationalunder the contracts and reasonable inamount as determined by industrypractice with respect to comparableannuity products. Applicants state thatthese determinations are based on theiranalysis of publicly availableinformation about similar industrypractices, taking into consideration suchfactors as current charge levels andbenefits provided, the existence ofexpense charge guarantees and


guaranteed annuity rates. AnchorNational undertakes to maintain at itshome office, and make available to theCommission upon request, amemorandum detailing themethodology used in making thesedeterminations.

7. Applicants represent that if themortality, expense risk, or distributionexpense charges are insufficient to coveractual costs, Anchor National will bearthe loss. To the extent that the mortalityand expense risk charges are in excessof actual costs, Anchor National, at itsdiscretion, may use the excess to offsetlosses when the charges are notsufficient to cover expenses.

8. Anchor National submits that thereis a reasonable likelihood that theSeparate Account’s distributionfinancing arrangement will benefit theSeparate Account and its investors.Anchor National represents that it willmaintain and make available to theCommission upon request amemorandum setting for the basis ofsuch conclusion. Similarly, beforerelying on any exemptive relief grantedherein with respect to any futurecontracts or to any materially similarcontracts issued by future separateaccounts, Applicants will determinethat there is a reasonable likelihood thatthe distribution financing arrangementwill benefit the Separate Account (orfuture separate accounts) and its (ortheir) investors. Anchor National willmaintain and make available to theCommission upon request amemorandum setting forth the basis forsuch determination.

9. Anchor National further representsthat the assets of the Separate Accountand any future separate accounts thatrely on the requested order will beinvested only in managementinvestment companies that undertake,in the event they should adopt a planfor financing distribution expensespursuant to Rule 12b–1 under the 1940Act, to have such plan formulated andapproved by their board of directors, themajority of whom are not ‘‘interestedpersons’’ of the management investmentcompany within the meaning of section2(a)(19) of the 1940 Act.

ConclusionApplicants submit that for the reasons

and upon the facts set forth above, theexemptions from Sections 26(a)(2) and27(c)(2) of the 1940 Act to permit thededuction of mortality, expense risk,and distribution expense charges fromthe assets of the Separate Account underthe Contracts and under any futurecontracts, and from the assets of anyfuture separate accounts offeringcontracts which are materially similar to

the contracts, meet the statutorystandards of Section 6(c) of the 1940Act. Accordingly, the Applicants assertthat the requested exemptions arenecessary or appropriate in the publicinterest and consistent with theprotection of investors and the purposesfairly intended by the policy andprovisions of the 1940 Act.

For the Commission, by the Division ofInvestment Management, pursuant todelegated authority.Margaret H. McFarland,Deputy Secretary.[FR Doc. 95–1841 Filed 1–24–95; 8:45 am]BILLING CODE 8010–01–M

Issuer Delisting; Notice of Applicationto Withdraw From Listing andRegistration; (Catalina Lighting, Inc.,Common Stock, $.01 Par Value) FileNo. 1–9917

January 19, 1995.Catalina Lighting, Inc. (‘‘Company’’)

has filed an application with theSecurities and Exchange Commission(‘‘Commission’’), pursuant to Section12(d) of the Securities Exchange Act of1934 (‘‘Act’’) and Rule 12d2–2(d)promulgated thereunder, to withdrawthe above specified security (‘‘Security’’)from listing and registration on theAmerican Stock Exchange, Inc.(‘‘Amex’’).

The reasons alleged in the applicationfor withdrawing the Security fromlisting and registration include thefollowing:

According to the Company, inaddition to being listed on the Amex,the Security is listed on the New YorkStock Exchange, Inc. (‘‘NYSE’’). TheSecurity commenced trading on theNYSE at the opening of business onDecember 21, 1994 and concurrentlytherewith the Security was suspendedfrom trading on the Amex.

In making the decision to withdrawthe Security from listing on the Amex,the Company considered the direct andindirect costs and expenses attendant inmaintaining the dual listing of theSecurity on the NYSE and the Amex.The Company does not see anyparticular advantage in the dual tradingof the Security and believes that duallisting would fragment the market forthe Security.

Any interested person may, on orbefore February 9, 1995, submit by letterto the Secretary of the Securities andExchange Commission, 450 Fifth Street,NW., Washington, DC, 20549, factsbearing upon whether the applicationhas been made in accordance with therules of the Amex and what terms, ifany, should be imposed by the

Commission for the protection ofinvestors. The Commission, based onthe information submitted to it, willissue an order granting the applicationafter the date mentioned above, unlessthe Commission determines to order ahearing on the matter.

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority.Margaret H. McFarland,Deputy Secretary.[FR Doc. 94–1843 Filed 1–24–95; 8:45 am]BILLING CODE 8010–01–M

Issuer Delisting; Notice of Applicationto Withdraw From Listing andRegistration; (Digicon Inc., CommonStock, $.01 Par Value) File No. 1–7427

January 19, 1995.

Digicon Inc. (‘‘Company’’) has filed anapplication with the Securities andExchange Commission (‘‘Commission’’),pursuant to Section 12(d) of theSecurities Exchange Act of 1934 (‘‘Act’’)and Rule 12d2–2(d) promulgatedthereunder, to withdraw the abovespecified security (‘‘Security’’) fromlisting and registration on the BostonStock Exchange, Inc. (‘‘BSE’’).


According to the Company, it requestssuch withdrawal from listing because itsSecurity presently is listed on theAmex, and the volume of Trading on theBSE does not enhance the liquidity ofthe Security or justify the costsassociated with maintaining the BSElisting.

Any interested person may, on orbefore February 9, 1995, submit by letterto the Secretary of the Securities andExchange Commission, 450 Fifth Street,N.W., Washington, D.C. 20549, factsbearing upon whether the applicationhas been made in accordance with therules of the BSE and what terms, if any,should be imposed by the Commissionfor the protection of investors. TheCommission, based on the informationsubmitted to it, will issue an ordergranting the application after the datementioned above, unless theCommission determines to order ahearing on the matter.

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority.Margaret H. McFarland,Deputy Secretary.[FR Doc. 95–1842 Filed 1–24–95; 8:45 am]BILLING CODE 8010–01–M


Issuer Delisting; Notice of Applicationto Withdraw From Listing andRegistration; (The Penn TrafficCompany, Common Stock, $1.25 ParValue) File No. 1–9930

January 19, 1995.

The Penn Traffic Company(‘‘Company’’) has filed an applicationwith the Securities and ExchangeCommission (‘‘Commission’’), pursuantto Section 12(d) of the SecuritiesExchange Act of 1934 (‘‘Act’’) and Rule12d2–2(d) promulgated thereunder, towithdraw the above specified security(‘‘Security’’) from listing andregistration on the American StockExchange, Inc. (‘‘Amex’’).


According to the Company, inaddition to being listed on the Amex,the Security is listed on the New YorkStock Exchange, Inc. (‘‘NYSE’’). TheSecurity commended trading on theNYSE at the opening of business onDecember 21, 1994 and concurrentlytherewith the Security was suspendedfrom trading on the Amex.

In making the decision to withdrawthe Security from listing on the Amex,the Company considered the direct andindirect costs and expenses attendant inmaintaining the dual listing of theSecurity on the NYSE and the Amex.The Company does not see anyparticular advantage in the dual tradingof the Security and believes that duallisting would fragment the market forthe Security.

Any interested person may, on orbefore February 9, 1995, submit by letterto the Secretary of the Securities andExchange Commission, 450 Fifth Street,N.W., Washington, D.C. 20459, factsbearing upon whether the applicationhas been made in accordance with therules of the Amex and what terms, ifany, should be imposed by theCommission for the protection ofinvestors. The Commission, based onthe information submitted to it, willissue an order granting the applicationafter the date mentioned above, unlessthe Commission determines to order ahearing on the matter.

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority.

Margaret H. McFarland,Deputy Secretary.[FR Doc. 95–1844 Filed 1–24–95; 8:45 am]


SMALL BUSINESS ADMINISTRATION

Augusta District Advisory CouncilMeeting; Public Meeting

The U.S. Small BusinessAdministration Augusta DistrictAdvisory Council will hold a publicmeeting at 9:00 a.m. on Monday,February 27, 1995, at Key Bank PlazaBuilding, 284 Water Street, Augusta,Maine 04330, to discuss such matters asmay be presented by members, staff ofthe U.S. Small Business Administration,or other present.

For further information, write or callMr. Roy Perry, District Director, U.S.Small Business Administration, 155Federal Street, Boston, Massachusetts02110, (207) 622–8378.

Dated: January 19, 1995.Dorothy A. Overal,Director, Office of Advisory Council.[FR Doc. 95–1779 Filed 1–24–94; 8:45 am]BILLING CODE 8025–01–M

DEPARTMENT OF STATE

Bureau of Public Affairs (HistoricalOffice)

[Public Notice 2154]

Advisory Committee on HistoricalDiplomatic Documentation; Notice ofMeeting

The Advisory Committee onHistorical Diplomatic Documentationwill meet February 14 1n 15, 1995 in theDepartment of State, in ConferenceRoom 1205.

The Committee will meet in opensession from 9:00 a.m. on the morningof Tuesday, February 14, 1995, until11:50 a.m. The remainder of theCommittee’s session until 12 noonFebruary 15 will be closed inaccordance with Section 10(d) of theFederal Advisory Committee Act (Pub.L. 92–463). It has been determined thatdiscussions during these portions of themeeting will involve consideration ofmatters not subject to public disclosureunder 5 U.S.C. 552b (c)(1), and that thepublic interest requires that suchactivities will be withheld fromdisclosure.

Questions concerning the meetingshould be directed to William Z. Slany,Executive Secretary, AdvisoryCommittee on Historical DiplomaticDocumentation, Department of State,Office of the Historian, Washington, DC,20520, telephone (202) 663–1123.

Dated: January 19, 1995.William Z. Slany,Executive Secretary.[FR Doc. 95–1789 Filed 1–24–95; 8:45 am]BILLING CODE 4710–11–M


Aviation Proceedings; AgreementsFiled During the Week Ended January13, 1995

The following Agreements were filedwith the Department of Transportationunder the provisions of 49 U.S.C. 412and 414. Answers may be filed within21 days of date of filing.Docket Number: 50005Date filed: January 10, 1995Parties: Members of the International

Air Transport AssociationSubject: TC12 Reso/P 1626 dated

November 8, 1994, South Atlantic-Europe/Middle East Resos r–1 to r–19

Proposed Effective Date: April 1, 1995Docket Number: 50017Date filed: January 12, 1995Parties: Members of the International

Air Transport AssociationSubject: Telex TC1 Mail Vote 725,

Brazil-Paraquay fares, r–1—003f, r–2—070j

Proposed Effective Date: February 1,1995

Myrna F. Adams,Acting Chief, Documentary Services Division.[FR Doc. 95–1829 Filed 1–24–95; 8:45 am]BILLING CODE 4910–62–P

Notice of Applications for Certificatesof Public Convenience and Necessityand Foreign Air Carrier Permits FiledUnder Subpart Q During the WeekEnded January 13, 1995

The following Applications forCertificates of Public Convenience andNecessity and Foreign Air CarrierPermits were filed under Subpart Q ofthe Department of Transportation’sProcedural Regulations (See 14 CFR302.1701 et. seq.). The due date forAnswers, Conforming Applications, orMotions to Modify Scope are set forthbelow for each application. Followingthe Answer period DOT may process theapplication by expedited procedures.Such procedures may consist of theadoption of a show-cause order, atentative order, or in appropriate casesa final order without furtherproceedings.Docket Number: 50010Date filed: January 11, 1995Due Date for Answers, Conforming

Applications, or Motion to ModifyScope: February 8, 1995


Description: Application of United AirLines, Inc., pursuant to 49 U.S.C.Section 41101, and Subpart Q of theRegulations, applies for renewal ofauthority to serve Saudi Arabianamed on segment 2 of its Certificateof Public Convenience and Necessityfor Route 603.

Docket Number: 50012Date filed: January 12, 1995Due Date for Answers, Conforming


Description: Application of Delta AirLines, Inc. pursuant to Section 41101of Title 49 of the U.S.C., and SubpartQ of the Regulations, applies to renewits authority to serve the New York,New York/Boston, Massachusetts-Saudi Arabia market, a route namedon segment 3 of Delta’s Certificate ofPublic Convenience and Necessity forRoute 616.



Description: Application of FederalExpress Corporation applies pursuantto 49 U.S.C. Section 41102, andSubpart Q of the Regulations, forissuance of an amended certificate ofpublic convenience and necessity forRoute 472, so as to authorize FederalExpress to provide foreign airtransportation of property and mailbetween any point or points in theUnited States, on the one hand, andany point or points in Canada, on theother hand.



Description: Application of Trans WorldAirlines, Inc., pursuant to 49 U.S.C.Section 41101 and Subpart Q or theRegulations, applies for renewal of itscertificate of public convenience and

necessity for Route 468, whichauthorizes TWA to engage in foreignair transportation of persons, propertyand mail between St. Louis, on theone hand, and London, England, onthe other.


Applications, or Motion to ModifyScope: January 25, 1995

Description: Application of AirTrainCorporation, requests a three (3)month exemption from the dormancyrules of 14 C.F.R. 204.7, as such rulesrelate to Order 94–1–20 issued by theDepartment of Transportation onJanuary 24, 1994.

Myrna F. Adams,Acting Chief, Documentary Services Division.[FR Doc. 95–1828 Filed 1–24–95; 8:45 am]BILLING CODE 4910–62–P

DEPARTMENT OF VETERANSAFFAIRS

Advisory Committee for CooperativeStudies, Health Service, andRehabilitation Research andDevelopment Subcommittee onScientific Review and Evaluation forHealth Services Research andDevelopment, Notice of Meeting

The Department of Veteran Affairs,Veterans Health Administration, givesnotice under Public Law 92–463, that ameeting of the Advisory Committee forCooperative Studies, Health Service,and Rehabilitation Research andDevelopment Subcommittee onScientific Review and Evaluation forHealth Services Research andDevelopment will be held at TechworldPlaza, Room 401, 801 I Street, NW,Washington, DC, February 17, 1995. Thesession on February 17, 1995, isscheduled to begin at 8:00 a.m. and endat 12:00 p.m. (EST). The purpose of themeeting is to review Career

Development Award applications forclinician-researchers with interest inHealth Services Research andDevelopment. Recommendationsregarding their approval and funding areprepared for the Associate ChiefMedical Director for Research andDevelopment.

The meeting will be open to thepublic (to the seating capacity of theroom) at the start of the February 17session for approximately one hour tocover administrative matters and todiscuss the general status of theprogram. The closed portion of themeeting involves discussion, and oralreview of applicant qualifications.During this portion of the meeting,discussion and recommendations willdeal with qualifications of the applicant,the disclosure of which wouldconstitute a clearly unwarrantedinvasion of personal privacy, as well asresearch information, the prematuredisclosure of which would be likely tosignificantly frustrate implementation ofproposed agency action regarding suchresearch projects. As provided by thesubsection 10(d) of Public Law 92–463,as amended by Public Law 94–409,closing portions of these meetings is inaccordance with 5 U.S.C. 552b(c) (6)and (9)(B).

Due to the limited seating capacity ofthe room, those who plan to attend theopen session should contact Mr. BillJudy, Review Program Manager (12B3),Health Services Research andDevelopment Service, Department ofVeterans Affairs, 810 Vermont Avenue,NW., (Techworld), Washington, DC20420 (phone: 202–523–7425) at leastfive days before the meeting.


By Direction of the Secretary.Heyward Bannister,Committee Management Officer.[FR Doc. 95–1827 Filed 1–24–95; 8:45 am]BILLING CODE 8320–01–M

This section of the FEDERAL REGISTERcontains notices of meetings published underthe ‘‘Government in the Sunshine Act’’ (Pub.L. 94-409) 5 U.S.C. 552b(e)(3).

Sunshine Act Meetings Federal Register

4944

Vol. 60, No. 16


EXPORT-IMPORT BANK OF THE UNITEDSTATES

Notice of Open Special Meeting of theBoard of Directors of the Export-ImportBank of the United States

TIME AND PLACE: Monday, February 6,1995, at 2:15 p.m. The meeting will beheld at Eximbank in Room 1141, 811Vermont Avenue, N.W., Washington,D.C. 20571.Agenda

(1) Intermediary Loan Program(2) PEFCO Medium-Term Fixed-Rate Loan

Facility Program

PUBLIC PARTICIPATION: The meeting willbe open to public observation. In orderto permit the Export-Import Bank toarrange suitable accommodations,members of the public who plan toattend the meeting should notifyBarbara Lane, Room 1112, 811 VermontAvenue, N.W., Washington, D.C. 20571,(202) 565–3957, not later than Friday,February 3, 1995. If any person wishesauxiliary aids (such as a sign languageinterpreter) or other specialaccommodations, please contact, priorto February 1, 1995, Barbara Lane, Room1112, 811 Vermont Avenue, N.W.Washington, DC 20571, Voice: (202)565–3957 or TDD: (202) 535–3377.FURTHER INFORMATION: For furtherinformation, contact Barbara Lane,Room 1112, 811 Vermont Avenue, N.W.,Washington, D.C. 20571, (202) 565–3957.Carol F. Lee,General Counsel.[FR Doc. 95–1962 Filed 1–23–95; 12:31 pm]BILLING CODE 6690–01–M

BOARD OF GOVERNORS OF THE FEDERALRESERVE SYSTEM

TIME AND DATE: 12:00 noon, Monday,January 30, 1995.PLACE: Marriner S. Eccles FederalReserve Board Building, C Streetentrance between 20th and 21st Streets,N.W., Washington, D.C. 20551.STATUS: Closed.MATTERS TO BE CONSIDERED:

1. Personnel actions (appointments,promotions, assignments, reassignments, and

salary actions) involving individual FederalReserve System 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: January 20, 1995.Jennifer J. Johnson,Deputy Secretary of the Board.[FR Doc. 95–1921 Filed 1–20–95; 4:09 pm]BILLING CODE 6210–01–P

NATIONAL COUNCIL ON DISABILITY

TYPE: 50-State ADA Town MeetingTourSUMMARY: This notice sets forth theannouncement of the National Councilon Disability’s forthcoming 50-Statetown meeting tour on theimplementation of the Americans withDisabilities Act (ADA). Notice of thismeeting is required under Section 522b(e)(1) of the Government in theSunshine Act, (P.L. 94–409).BACKGROUND: As an independentFederal agency makingrecommendations to the President andthe Congress on issues affecting 49million Americans with disabilities andtheir families, NCD has congressionalauthority and responsibility to monitorADA implementation. In fact, it was theNCD that first proposed the ADA in1986. In 1991, NCD established ADAWatch.

These town meetings are beingconducted as part of NCD’s ADA Watchinitiative. NCD is interested in hearingpersonal stories from consumers as tothe law’s impact. NCD is particularlyinterested in hearing about varyingtypes of successes and the methods usedto achieve those successes. The storiescould be about personal experiences, orsomething related to changes in thecommunity.DATE: Beginning February 1, 1995.LOCATION: Beginning at the Biscayne BayMarriott Hotel, 1633 North BayshoreDrive, Miami, Florida 33132, (305) 374–3900.ADDITIONAL DATES, LOCATIONS, ANDCONTACT NUMBERS:

February 2, 1995, Jackson, Mississippi(601) 969–0601

February 4, 1995, Atlanta, Georgia (404)451–2340

February 7, 1995, Frankfort, Kentucky(502) 564–2918

February 9, 1995, Columbia, SouthCarolina (803) 690–1946

February 14, 1995, Birmingham, Alabama(205) 251–2223

February 15, 1995, Topeka, Kansas (913)296–6527

February 16, 1995, New Orleans, Louisiana(504) 286–6939

February 17, 1995, Albuquerque, NewMexico (505) 827–6465

February 22, 1995, Dallas, Texas (512) 463–5739

March 15, 1995, Trenton, New Jersey (609)292–3745

March 16, 1995, Portland, Maine (207)624–5307

March 17, 1995, Concord, New Hampshire(603) 228–9680

April 6, 1995, Nashville, Tennessee (615)428–6266

April 11, 1995, Des Moines, Iowa (515)281–5969

April 12, 1995, Jefferson City, Missouri(314) 751–2600

April 27, 1995, Boise, Idaho (208) 336–3335

For additional dates and locations,please contact the National Council onDisability.FOR INFORMATION CONTACT: Mark S.Quigley, Public Affairs Specialist,National Council on Disability, 1313 FStreet, NW, Suite 1050, Washington, DC20004–1107, Telephone: (202) 272–2004, (202) 272–2074 (TT).AGENCY MISSION: The National Councilon Disability is an indendent federalagency led by 15 members appointed bythe President of the United States andconfirmed by the U.S. Senate. Theoverall purpose of the National Councilis to promote policies, programs,practices, and procedures that guaranteeequal opportunity for all people withdisabilities, regardless of the nature ofseverity of the disability; and toempower people with disabilities toachieve economic self-sufficiency,independent living, and inclusion andintegration into all aspects of society.ACCOMMODATIONS: Those needinginterpreters or other accommodationsshould notify the National Council onDisability prior to each town meeting.ENVIRONMENTAL ILLNESS: People withenvironmental illness must reduce theirexposure to volatile chemicalsubstances in order to attend these

4945Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Sunshine Act Meetings

meetings. In order to reduce suchexposure, we ask that you not wearperfumes or scents at the townmeetings. We also ask that you smokeonly in designated areas and the privacyof your room. Smoking is prohibited inthe meeting rooms and surroundingarea.

OPEN MEETING: These town meetings ofthe National Council shall be open tothe public.

AGENDA: The proposed agenda includes:Opening StatementsSuccess Stories from ConsumersDiscussionAnnouncementsAdjournment

Records shall be kept of all NationalCouncil proceedings and shall beavailable after the meetings for publicinspection at the National Council onDisability.

Signed in Washington, DC, on January 18,1995.Speed Davis,Acting Executive Director.[FR Doc. 95–1920 Filed 1–20–95; 4:08 pm]BILLING CODE 6820–BS–M

NATIONAL SCIENCE FOUNDATION

NATIONAL SCIENCE BOARD

DATE AND TIME:February 2, 1995, 11:00 a.m., Open SessionFebruary 3, 1995, 8:00 a.m., Closed SessionFebruary 3, 1995, 8:20 a.m., Open Session

PLACE: National Science Foundation,4201 Wilson Boulevard, Room 1235,Arlington, Virginia 22230.

STATUS:

Part of this meeting will be open to thepublic.

Part of this meeting will be closed to thepublic.

MATTERS TO BE CONSIDERED:

Thursday, February 2, 1995

Open Session (11:00 a.m.–12:30 p.m.)

—Responding to Emerging Opportunities

Friday, February 3, 1995

Closed Session (8:00 a.m.–8:20 a.m.)

—Minutes from November Meeting—NSB Nominees—FY 96 Budget—Grants and Contracts

Friday, February 3, 1995

Open Session (8:20 a.m.–12:00 p.m.)

—Minutes from November Meeting—Closed Session Agenda Items for March

Meeting—Chairman’s Report—Director’s Report—NSB Committee Structure—Presentation: Small Business Innovation

Research—Committee Reports—Other Business/AdjournMarta Cehelsky,Executive Officer.[FR Doc. 94–1936 Filed 1–23–95; 8:45 am]BILLING CODE 7555–01–M

UNITED STATES POSTAL SERVICE BOARD OFGOVERNORS

Notice of a MeetingThe Board of Governors of the United

States Postal Service, pursuant to itsBylaws (39 C.F.R. Section 7.5) and theGovernment in the Sunshine Act (5U.S.C. Section 552b), hereby givesnotice that it intends to hold a meetingat 1:00 p.m. on Monday, February 6,1995, and at 8:30 a.m. on Tuesday,February 7, 1995, in Washington, D.C.

The February 6 meeting is closed tothe public. (See 59 FR 65126, December16, 1994, and 60 FR 3946, January 19,1995.) The February 7 meeting is opento the public and will be held at U.S.Postal Service Headquarters, 475L’Enfant Plaza, S.W., in the BenjaminFranklin Room. The Board expects todiscuss the matters stated in the agendawhich is set forth below. Requests forinformation about the meeting should

be addressed to the Secretary for theBoard, David F. Harris, at (202) 268–4800.

AGENDA;

Monday Session

February 6–1:00 p.m. (Closed)

1. Consideration of the Postal RateCommission Opinion and RecommendedDecision on Remand in Docket No. R90–1.(Mary S. Elcano, Senior Vice President andGeneral Counsel.)

2. Consideration of Interim Funding for theChicago, Illinois, Processing & DistributionCenter. (Rudolph K. Umscheid, VicePresident, Facilities.)

Tuesday Session

February 7–8:30 a.m. (Open)

1. Minutes of the Previous Meeting,January 9–10, 1995.

2. Remarks of the Postmaster General/ChiefExecutive Officer. (Marvin Runyon.)

3. Appointment of Members to BoardCommittees. (Chairman Sam Winters.)

4. Final FY 1996 Appropriation Request.(Michael J. Riley, Chief Financial Office andSenior Vice President.)

5. Capital Investments.a. Louisville, Kentucky, Airport Mail

Facility (final decision) (Henry A.Pankey, Vice President, Mid-AtlanicArea Operations.)

b. Washington-National Airport MailCenter (informational briefing). (HenryA. Pankey, Vice President, Mid-AtlanticArea Operations)

6. Quarterly Report on ServicePerformance. (Jeffrey P. Kaneff, Manager,External Measurement Systems, ConsumerAffairs.)

7. Quarterly Report on FinancialPerformance. (Michael J. Riley, ChiefFinancial Officer and Senior Vice President.)

8. Status Report on Chicago, Illinois, MailService. (William J. Good, (Vice President,Great Lakes Area Operations.)

9. Tentative Agenda for the March 6–7,1995, meeting in Washington, D.C.David F. Harris,Secretary.[FR Doc. 95–2023 Filed 1–23–95; 3:51 pm]BILLING CODE 7710–12–M

This section of the FEDERAL REGISTERcontains editorial corrections of previouslypublished Presidential, Rule, Proposed Rule,and Notice documents. These corrections areprepared by the Office of the FederalRegister. Agency prepared corrections areissued as signed documents and appear inthe appropriate document categorieselsewhere in the issue.

Corrections Federal Register

4946

Vol. 60, No. 16



Public Health Service

Substance Abuse and Mental HealthServices Administration

42 CFR Part 51

RIN 0905-AD99

Requirements Applicable to Protectionand Advocacy of Individuals withMental Illness; Notice of ProposedRulemaking

CorrectionIn proposed rule document 94–30411

beginning on page 64367 in the issue ofWednesday, December 14, 1994 makethe following corrections:

1. On page 64368, in the 1st column,under the heading Definitions, in thefirst paragraph, in the 15th line,‘‘PAIMPI’’ should read ‘‘PAIMI’’.

2. On the same page, in the samecolumn, under the same heading, in thesecond paragraph, in the 14th line,‘‘MCHS’’ should read ‘‘CMHS.’’

3. On page 64369, in the 1st column,in the 28th line, ‘‘activities’’ should read‘‘facilities’’.

4. On page 64371, in the thirdcolumn, in the last paragraph, in thefifth line, ‘‘and ’’ should read ‘‘or’’.

§51.6 [Corrected]5. On page 64374, in the second

column, in §51.6(b), in the eighth line,after ‘‘using’’ insert ‘‘other’’.

§51.24 [Corrected]6. On page 64375, in the 3rd column,

in §51.24(a), in the 10th line, after‘‘availability’’ insert ‘‘of staff’’.BILLING CODE 1505–01–D


[Release No. 34-35132; File Nos. 600–19 and600–22]

Self-Regulatory Organizations; MBSClearing Corporation; Order GrantingApproval of Application for Extensionof Temporary Registration as aClearing Agency

December 21, 1994

Correction

In notice document 94–32155appearing on page 67743 in the issue ofFriday, December 30, 1994, in the firstcolumn, the date line after the subjectline was omitted and should read as setforth above.

BILLING CODE 1505–01–D


[Release No. 35182; File No. SR–PTC–94–07]

Self-Regulatory Organizations;Participants Trust Company; Notice ofFiling of Proposed Rule ChangeEstablishing a Daily Penalty FeeApplicable to Late Funding ofShortfalls in Participants MandatoryDeposits to the Participants Fund

December 30, 1994

Correction

In notice document 95–380 appearingon page 2416 in the issue of Monday,January 9, 1995, in the second column,the date line after the subject line, wasomitted and should read as set forthabove.



[Release No 34–35177; International SeriesRelease No. 765; File No. SR–Phlx–94–42]

Self-Regulatory Organizations; OrderApproving Proposed Rule Change andNotice of Filing and Order GrantingAccelerated Approval of AmendmentNos. 1 and 2 to the Proposed RuleChange by the Philadelphia StockExchange, Inc., Relating to anEnhanced Parity Split for the Specialistin the Cash/Spot German Mark ForeignCurrency Options

December 29, 1994

Correction

In notice document 95–428 appearingon page 2419 in the issue of Monday,January 9, 1995, in the first column, thedate line after the subject line wasomitted and should read as set forthabove.



Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 93–AWA–13]

RIN 2120–AF38

Proposed Alteration of the LosAngeles, CA, Class B Airspace

Correction

In proposed rule document 94–28314beginning on page 60244 in the issue ofTuesday, November 22, 1994, make thefollowing correction:

On page 60248, in the first column, inthe fourth line, after ‘‘would’’ insert‘‘not’’.


fede

ral r

egiste

r

4947

WednesdayJanuary 25, 1995

Part II

EnvironmentalProtection Agency40 CFR Parts 9 and 63National Emission Standards forChromium Emissions From Hard andDecorative Chromium Electroplating andChromium Anodizing Tanks; Final Rule




[AD–FRL–5115–7]

RIN 2060–AC14

National Emission Standards forChromium Emissions From Hard andDecorative Chromium Electroplatingand Chromium Anodizing Tanks


SUMMARY: Pursuant to section 112 of theClean Air Act as amended in 1990 (theAct), this action promulgates finalstandards that limit the discharge ofchromium compound air emissionsfrom existing and new hard chromiumelectroplating, decorative chromiumelectroplating, and chromium anodizingtanks at major and area sources.Chromium compounds are among the189 hazardous air pollutants (HAP)listed for regulation under section 112of the Act. Hard and decorativechromium electroplating and chromiumanodizing tanks have been identified bythe EPA as significant emitters ofchromium compounds to theatmosphere. The purpose of the finalrule is to reduce chromium compoundair emissions from the source categoriesidentified above. All affected sourcesmust limit emissions to the level of themaximum achievable controltechnology (MACT). The EPA is alsofinalizing Methods 306, 306A, and 306Bwith these standards.DATES: Effective Date: January 25, 1995.

Incorporation by Reference. Theincorporation by reference of certainpublications in this standard isapproved by the Director of the Officeof the Federal Register as of January 25,1995.

Judicial Review. Under section307(b)(1) of the Act, judicial review ofnational emission standards forhazardous air pollutants (NESHAP) isavailable only by filing a petition forreview in the U.S. Court of Appeals forthe District of Columbia Circuit within60 days of today’s publication of thisfinal rule. Under section 307(b)(2) of theAct, the requirements that are thesubject of today’s notice may not bechallenged later in civil or criminalproceedings brought by the EPA toenforce these requirements.ADDRESSES: Docket. Docket No. A–88–02, containing information consideredby the EPA in developing thepromulgated NESHAP for hard anddecorative chromium electroplating and

chromium anodizing tanks is availablefor public inspection and copyingbetween 8 a.m. and 5:30 p.m., Mondaythrough Friday, except for Federalholidays, at the EPA’s Air and RadiationDocket and Information Center, RoomM1500, U. S. Environmental ProtectionAgency, 401 M Street, SW., Washington,DC 20460; telephone (202) 260–7548. Areasonable fee may be charged forcopying.

Background Information Document. Abackground information document (BID)for the promulgated NESHAP may beobtained from the docket; the U. S. EPALibrary (MD–35), Research TrianglePark, North Carolina 27711, telephone(919) 541–2777; or from NationalTechnical Information Services, 5285Port Royal Road, Springfield, Virginia22161, telephone (703) 487–4650. Pleaserefer to ‘‘Chromium Emissions fromChromium Electroplating and ChromicAcid Anodizing Operations—Background Information forPromulgated Standards’’ (EPA–453/R–94–082b). The BID contains a summaryof the public comments made on theproposed standards and EPA responsesto the comments.FOR FURTHER INFORMATION CONTACT: Mr.Lalit Banker of the Emission StandardsDivision (MD–13), U. S. EnvironmentalProtection Agency, Research TrianglePark, North Carolina 27711; telephone(919) 541–5420.SUPPLEMENTARY INFORMATION: Theinformation presented in this preambleis organized as follows:I. BackgroundII. Summary

A. Summary of Promulgated StandardsB. Summary of Major Changes Since

ProposalIII. Summary of Environmental, Energy, Cost,

and Economic ImpactsA. Environmental and Energy ImpactsB. Cost ImpactsC. Economic Impacts

IV. Public ParticipationV. Significant Comments and Responses

A. Selection of Source Categories andPollutants to be Regulated

B. Selection of MACT/GACT ApproachC. Selection of MACT for Hard Chromium

Electroplating TanksD. Selection of MACT for Decorative

Chromium Electroplating and ChromiumAnodizing Tanks

E. Selection of the Format of the StandardF. Selection of the Emission LimitsG. Selection of Compliance DatesH. Selection of Monitoring RequirementsI. Selection of Test MethodsJ. Selection of Reporting and

Recordkeeping RequirementsK. Operating Permit Program

VI. Administrative RequirementsA. DocketB. Executive Order 12866C. Paperwork Reduction Act

D. Regulatory Flexibility ActE. Miscellaneous

I. BackgroundSection 112(b) of the Act lists 189

HAP and requires the EPA to establishnational emission standards for allmajor sources and some area sources ofthose HAP. Among the listed pollutantsare chromium compounds. On July 16,1992 (57 FR 31576), the EPA publisheda list of major and area sources forwhich NESHAP are to be promulgatedand on December 3, 1993 (58 FR 83941),the EPA published a schedule forpromulgation of those standards. Thehard and decorative chromiumelectroplating and chromium anodizingsource categories are included in the listof major and area sources for which theEPA is to establish national emissionstandards by November 1994.

This NESHAP was proposed in theFederal Register on December 16, 1993(58 FR 65768). A public hearing on thisrule was conducted on January 20, 1994.In addition, 62 letters commenting onthe proposed rule were received duringthe public comment period, and 3 latecomments were received.

II. Summary

A. Summary of Promulgated StandardsThe final rule applies to major and

area sources performing hard chromiumelectroplating, decorative chromiumelectroplating, and chromiumanodizing. The affected source is eachchromium electroplating or chromiumanodizing tank. The emissionlimitations for each of these sourcecategories are summarized in Table 1.These emission limitations apply onlyduring tank operation, includingperiods of startup and shutdown. Theemission limitation for all new hardchromium electroplating tanks, and forexisting hard chromium electroplatingtanks that are located at large, hardchromium electroplating facilities isbased on the use of a composite mesh-pad system. The emission limitation forexisting hard chromium electroplatingtanks located at small, hard chromiumelectroplating facilities is based on theuse of a packed-bed scrubber. For allexisting and new sources performingdecorative chromium electroplating andall existing and new sources performingchromium anodizing, the standard isbased on the use of fume suppressants.Even though these technologies formedthe bases for the standards, anytechnology can be used as long as it isdemonstrated to meet the prescribedemission limitation. All area and majorsources must limit emissions to thelevel of the maximum achievablecontrol technology (MACT).


TABLE 1.—STANDARDS FOR CHROMIUM ELECTROPLATING AND CHROMIUM ANODIZING TANKS BASED ON MACT

Type of tankEmission limitations

Small Large

Hard Chromium Plating Tanks

All existing tanks ................................... 0.03 mg/dcsm (1.3×10¥5 gr/dscf) .......................... 0.015 mg/dscm (6.6×10¥6 gr/dscf)All new tanks ......................................... 0.015 mg/dcsm (6.6×10¥6 gr/dscf) ........................ 0.015 mg/dscm (6.6×10¥6 gr/dscf)

Decorative Chromium Plating Tanks Using a Chromic Acid Bath

All new and existing tanks .................... 0.01 mg/dscm a(4.4×10¥6 gr/dscf)

Chromium Anodizing Tanks

All new and existing tanks .................... 0.01 mg/dscm a(4.4×10¥6 gr/dscf)

a In accordance with § 63.342(d)(2), owners or operators using a fume suppressant containing a wetting agent as a control technique can meetan alternate emission limitation of 45 dynes/cm (3.1×10¥3 lbf/ft).

Owners and operators of all affected sources are also subject to work practice standards, which require them tocomplete an operation and maintenance (O&M) plan that contains the minimum elements of § 63.342(f)(3) and Table2.

TABLE 2.—SUMMARY OF WORK PRACTICE STANDARDS

Control technique Work practice standards Frequency

Composite mesh-pad (CMP) sys-tem.

1. Visually inspect device to ensure there is proper drainage, no chro-mic acid buildup on the pads, and no evidence of chemical attackon the structural integrity of the device.

1. 1/quarter.

2. Visually inspect back portion of the mesh pad closet to the fan toensure there is no breakthrough of chromic acid mist.

2. 1/quarter.

3. Visually inspect ductwork from tank or tanks to the control deviceto ensure there are no leaks.

3. 1/quarter.

4. Perform washdown of the composite mesh-pads in accordancewith manufacturers recommendations.

4. Per manufacturer.

Packed-bed scrubber (PBS) .......... 1. Visually inspect device to ensure there is proper drainage, no chro-mic acid buildup on the packed beds, and no evidence of chemicalattack on the structural integrity of the device.

1. 1/quarter.

2. Visually inspect back portion of the chevron blade mist eliminatorto ensure that it is dry and there is no breakthrough of chromic acidmist.

2. 1/quarter.

3. Same as number 3 above ................................................................. 3. 1/quarter.4. Add fresh makeup water to the top of the packed bed a,b ................ 4. Whenever makeup is added.

PBS/CMP system ........................... 1. Same as for CMP system ................................................................. 1. 1/quarter.2. Same as for CMP system ................................................................. 2. 1/quarter.3. Same as for CMP system ................................................................. 3. 1/quarter.4. Same as for CMP system ................................................................. 4. Per manufacturer.

Fiber-bed mist eliminator c .............. 1. Visually inspect fiber-bed unit and prefiltering device to ensurethere is proper drainage, no chromic acid buildup in the units, andno evidence of chemical attack on the structural integrity of the de-vices.

1. 1/quarter.

2. Visually inspect ductwork from tank or tanks to the control deviceto ensure there are no leaks.

2. 1/quarter.

3. Perform washdown of fiber elements in accordance with manufac-turers recommendations.


Air pollution control device (APCD)not listed in rule.

To be proposed by the source for approval by the Administrator ........ To be proposed by the source forapproval by the Administrator.

Monitoring Equipment

Pitot tube ........................................ Backflush with water, or remove from the duct and rinse with freshwater. Replace in the duct and rotate 180 degrees to ensure thatthe same zero reading is obtained. Check pitot tube ends for dam-age. Replace pitot tube if cracked or fatigued.

1/quarter.

Stalagmometer ............................... Follow manufacturers recommendations.

a If greater than 50 percent of the scrubber water is drained (e.g., for maintenance purposes), makeup water may be added to the scrubberbasin.

b For horizontal-flow scrubbers, top is defined as the section of the unit directly above the packing media such that the makeup water wouldflow perpendicular to the air flow through the packing. For vertical-flow units, the top is defined as the area downstream of the packing materialsuch that the makeup water would flow countercurrent to the air flow through the unit.

c Work practice standards for the control device installed upstream of the fiber-bed mist eliminator to prevent plugging do not apply as long asthe work practice standards for the fiber-bed unit are followed.


All existing sources performing hardchromium electroplating and chromiumanodizing must comply with theemission limitations within 2 years ofJanuary 25, 1995. All existing sourcesperforming decorative chromiumelectroplating must comply with theemission limitations within 1 year of

January 25, 1995. All new andreconstructed sources must complyimmediately upon startup.

Sources must demonstrate initialcompliance with the prescribedemission limitation in accordance with§§ 63.343(b) and 63.344. Continuouscompliance is demonstrated through the

monitoring required by § 64.343(c), assummarized in Table 3. As indicated inthis table, the type of compliancemonitoring performed is based on thetype of control technique used tocomply with the emission limitation,not the type of source being controlled.

TABLE 3.—SUMMARY OF MONITORING REQUIREMENTS

Controltechnique Initial compliance test Parameter(s) for compliance monitoring Frequency of compli-

ance monitoring

Composite mesh-pad (CMP)system.

Yes ....................................... Pressure drop across the unit ............................................ 1/day.

Packed-bed scrubber (PSB) Yes ....................................... Velocity pressure at the inlet of the control system andpressure drop across the unit.

1/day.

PBS/CMP system ................ Yes ....................................... Pressure drop across the unit ............................................ 1/dayFiber-bed mist eliminator ..... Yes ....................................... Pressure drop across the fiber-bed mist eliminator and

the pressure drop across the upstream control deviceused to prevent plugging.

1/day.

Wetting agent-type fumesuppressant.

Yes (Unless the criteria of§ 63.343(b)(2) are met).

Surface tension .................................................................. Once every 4 hours.a

Foam blankets ..................... Yes ....................................... Foam thickness .................................................................. Once per hour.aAir pollution control device

(APCD) not listed in rule.Yes ....................................... To be proposed by the source for approval by Adminis-

trator.N/A.

a Frequency can be decreased according to § 63.343 (c)(5)(ii) and (c)(6)(ii) of subpart N.

Owners or operators of affectedsources are required to keep the recordsrequired by § 63.346 to documentcompliance with these standards.Records include those associated with

the work practice standards,performance test results, compliancemonitoring data, duration ofexceedances, and records to support aFederally-enforceable limit on facility

size. Reports must also be periodicallysubmitted. Table 4 summarizes thereports to be submitted and thereporting timeframes.

TABLE 4.—SUMMARY OF REPORTING REQUIREMENTS

Section inSubpart N Description Timeframe for submittal

§ 63.345(b) .......... Notification of construction or reconstruction .......................... Depends on when source was constructed—see§ 63.345(b)(5).

§ 63.347(c)(1) ...... Initial notification ...................................................................... 180 days after the effective date.§ 63.347(c)(2) ...... —Notification of when construction commenced .................... —Within 30 days of commencement for sources built after

effective date, or with notification required by § 63.345(b) ifbuilt prior to effective date.

—Notification of actual startup ................................................ —Within 30 days of startup.§ 63.347(d) .......... Notification of performance test .............................................. At least 60 days prior to test.§ 63.347(e) .......... Notification of compliance status ............................................. Within 90 days of performance test (if a test is conducted) or

within 30 days of compliance date.§ 63.347(f) ........... Notification of performance test results ................................... Within 90 days of performance test.§ 63.347(g) .......... Compliance status reports for major sources ......................... 2 times/yr, or 4 times/yr if exceedances occur or if requested

by Administrator.§ 63.347(h) .......... Compliance status reports for area sources ........................... Complete once/yr and maintain on site, or 2 times/yr if

exceedances occur or if requested by Administrator.§ 63.347(i) ........... —Initial notification for users of TVC baths ............................ —Within 180 days of effective date.

—Notification of compliance status for users of TVC baths ... —Within 30 days of compliance date.—Notification of process change ............................................ —Within 30 days of process change.

B. Summary of Major Changes SinceProposal

In response to public commentsreceived and additional analysesperformed by the EPA, the following

changes have been made to the finalrule since proposal:

1. The emission limits associated withthe control technologies that form thebases for the standards have beenrevised. The emission limit based on theuse of a composite mesh-pad system is

0.015 milligrams of total chromium perdry standard cubic meter (mg/dscm) ofexhaust air. The emission limit based onthe use of a fume suppressant is 0.01mg/dscm. The emission limit based onthe use of a packed-bed scrubber isunchanged (0.03 mg/dscm).


TABLE 3.—SUMMARY OF MONITORING REQUIREMENTS

Control technique Initial compliance test Parameter(s) for compliance monitoring Frequency of compli-ance monitoring

Composite mesh-pad (CMP)system.

Yes ...................................... Pressure drop across the unit ........................................... 1/day.

Packed-bed scrubber (PBS) Yes ...................................... Velocity pressure at the inlet of the control system andpressure drop across the unit.

1/day.

PBS/CMP system ................. Yes ...................................... Pressure drop across the unit ........................................... 1/day.Fiber-bed mist eliminator ...... Yes ...................................... Pressure drop across the fiber-bed mist eliminator and

the pressure drop across the upstream control deviceused to prevent plugging.

1/day.

Wetting agent-type fumesuppressant.

Yes (Unless the criteria of§ 63.343(b)(2) are met).

Surface tension ................................................................. Once every 4 hours.a

Foam blankets ...................... Yes ...................................... Foam thickness ................................................................. Once per hour.aAir pollution control device

(APCD) not listed in rule.Yes ...................................... To be proposed by the source for approval by Adminis-

trator.N/A

a Frequency can be decreased according to § 63.343 (c)(5)(ii) and (c)(6)(ii) of subpart N.

TABLE 4.—SUMMARY OF REPORTING REQUIREMENTS

Section insubpart N Description Timeframe for submittal

§ 63.345(b) ...................... Notification of construction or reconstruction .......... Depends on when source was constructed—see § 63.345(b)(5).§ 63.347(c)(1) .................. Initial notification ...................................................... 180 days after the effective date.§ 63.347(c)(2) .................. —Notification of when construction commenced .... —Within 30 days of commencement for sources built after ef-

fective date, or with notification required by § 63.345(b) ifbuilt prior to effective date.

—Notification of actual startup ................................ —Within 30 days of startup.§ 63.347(d) ...................... Notification of performance test .............................. At least 60 days prior to test.§ 63.347(e) ...................... Notification of compliance status ............................ Within 90 days of performance test (if a test is conducted) or

within 30 days of compliance date.§ 63.347(f) ....................... Notification of performance test results .................. Within 90 days of performance test.§ 63.347(g) ...................... Compliance status reports for major sources ......... 2 times/yr, or 4 times/yr if exceedances occur or if requested

by Administrator.§ 63.347(h) ...................... Compliance status reports for area sources ........... Complete once/yr and maintain on site, or 2 times/yr if

exceedances occur or if requested by Administrator.§ 63.347(i) ....................... —Initial notification for users of TVC baths ............ —Within 180 days of effective date.

—Notification of compliance status for users ofTVC baths.

—Within 30 days of compliance date.

—Notification of process change ............................ —Within 30 days of process change.

2. Owners or operators of decorativechromium electroplating tanks using atrivalent chromium process thatincorporates a wetting agent arerequired only to submit the notificationsrequired by § 63.347(i) with subsequentnotifications required if the process ischanged or replaced.

3. Existing sources performing hardchromium electroplating and chromiumanodizing must comply with thestandard within 2 years after January 25,1995. Existing sources performingdecorative chromium electroplatingmust comply with the standard within1 year after January 25, 1995.

4. The monitoring, reporting, andrecordkeeping requirements for affectedsources have been reduced to the extentpossible while still allowing the EPA todetermine the compliance status on acontinuous basis. Special considerationhas been given to area sources.

5. Table 1 of subpart N clarifies whichsections of the General Provisions apply

to sources subject to subpart N andwhich sections do not.

The rationale for the above changes isdiscussed in detail in section V of thispreamble, which summarizes the majorcomments received on the proposedrule and the EPA’s response to thesecomments. This section also discussesmajor comments that were received butthat did not result in changes to thefinal rule.

III. Summary of Environmental,Energy, Cost, and Economic Impacts

A. Environmental and Energy Impacts

The environmental and energyimpacts for the sources covered by thisrulemaking are unchanged fromproposal because the bases of the MACTstandards have not changed.

B. Cost Impacts

The annualized cost of control for thesources covered by this rulemakingremain unchanged from proposal

because the bases of the MACTstandards have not changed.

The monitoring, reporting, andrecordkeeping burden in the final rulehas decreased from the proposedrequirements. Likewise, the costs ofmonitoring, reporting, andrecordkeeping have also decreased. Theon-going, annual cost of the finalmonitoring, reporting, andrecordkeeping is approximately 160,000hours for hard chromium electroplaters,29,000 hours for decorative chromiumelectroplaters using a trivalentchromium plating process, 260,000hours for other decorative chromiumelectroplaters, and 70,000 hours forchromium anodizers. Nationwideannual costs for these source categoriesare $3.5 million for hard chromiumelectroplaters, $640,000 for decorativechromium electroplaters using atrivalent chromium plating process, $5.8million for other decorative chromiumelectroplaters, and $1.6 million forchromium anodizers. These numbers


are reduced from the nationwide annualcosts associated with monitoring,reporting, and recordkeeping in theproposed rule of $8.6 million for hardchromium electroplaters, $1.6 millionfor decorative chromium electroplatersusing a trivalent chromium platingprocess, $14 million for other decorativechromium electroplaters, and $3.8million for chromium anodizers.

C. Economic Impacts

The economic impacts for the sourcescovered by this rulemaking areunchanged from proposal because thebasis of the MACT standards have notchanged.

IV. Public Participation

Prior to proposal of the chromiumelectroplating and anodizing rule,meetings of the National Air PollutionControl Techniques AdvisoryCommittee (NAPCTAC) were held onJanuary 30 and November 19, 1991.These meetings were open to the public,and each attendee was given anopportunity to comment on the draftrule.

The proposed rule was published inthe Federal Register on December 16,1993 (58 FR 65768). The preamble to theproposal discussed the availability ofthe proposal BID (ChromiumElectroplating NESHAP—BackgroundInformation for Proposed Standards(Volume I: EPA–453/R–93–030a andVolume II: EPA–453/R–93–030b)),which describes in detail the regulatoryalternatives considered and the impactsassociated with those alternatives.Public comments were solicited at thetime of proposal, and copies of theproposal BID were made available tointerested parties.

The public comment period officiallyended on March 14, 1994. A publichearing was held on January 20, 1994.In addition, 62 comment letters werereceived during the public commentperiod; 3 late comments were alsoreceived. The comments were carefullyconsidered, and where determined to beappropriate by the Administrator,changes were made in the final rule.

V. Significant Comments and Responses

Comments on the proposed rule werereceived from industry, environmentalgroups, and State and local regulatoryagencies. A detailed discussion of thesecomments and responses can be foundin the promulgation BID (see ADDRESSESsection). The summary of comments andresponses in the promulgation BIDserves as the basis for the revisions thathave been made to the rule betweenproposal and promulgation.

A. Selection of Source Categories andPollutants To Be Regulated

Six commenters said that maximumcumulative potential rectifier capacitywas an inappropriate parameter fordetermining facility size. Sources mayhave excess rectifier capacity to handleatypical applications, for safetypurposes, or for other reasons, but mayroutinely operate at a significantly lowerrectifier output. Several commentersurged the EPA to consider alternativesto the maximum potential rectifiercapacity specified, such as actualannual ampere-hour usage, raising themaximum potential ampere-hour limitfor small sources to 100 million amp-hr/yr, allowing sources to multiply themaximum potential rectifier capacity by0.75 to account for oversizing, orallowing sources to accept Federally-enforceable limits on their rectifiercapacity that would allow them to becategorized as ‘‘small’’ facilities.

Although the cutoff between smalland large hard chromium electroplatingfacilities has not been changed, the EPAhas included two provisions in the finalrule to allow sources to use actualrectifier capacity or to limit theirpotential rectifier capacity. The firstprovision is available to facilities whoseproduction records show that theprevious annual, actual rectifiercapacity was less than 60 million amp-hr/yr. Under this provision, hardchromium electroplating facilities maydetermine their size by using actualcumulative rectifier capacity in lieu ofthe maximum potential capacity ifnonresettable, amp-hr meters are usedon affected tanks. The final rule(§ 63.346(b)(12) and § 63.347(c)(1)(vi))requires that records of amp-hr usage bekept.

The final rule also allows all sourcesperforming hard chromiumelectroplating to establish Federally-enforceable limits on their rectifiercapacity to allow facilities to complywith the standards for small, hardchromium electroplating tanks, even ifthose facilities have potential rectifiercapacities that exceed the 60 millionamp-hr/yr cutoff. A Federally-enforceable limit is obtained throughthe title V permit that is required by§ 63.340(e) of the final rule. Records arerequired in accordance with§ 63.346(b)(12) and § 63.347(c)(1)(viii) todocument that the Federally-enforceablelimit is being maintained.

The final rule has also been clarifiedto state that only the rectifiersassociated with hard chromiumelectroplating should be used todetermine maximum cumulativepotential rectifier capacity.

Comments were received regardingother processes conducted by thissource category that were not identifiedin the process description. Onecommenter pointed out a distinctionamong decorative chromiumelectroplating processes: Blackchromium and white chromium. Thecommenter stated that black chromiumelectroplating is more like hardchromium electroplating in terms ofprocess parameters, and the commenterrecommended that black chromiumelectroplating be subject to the samerequirements as hard chromiumelectroplating processes. Othercommenters noted that the proposedrule did not cover a hard chromiumelectroplating method that uses loweramperage and a longer electroplatingtime (less amperage per square foot thandecorative electroplating process) suchthat emissions are lower.

In the final rule, the definitions ofhard chromium electroplating,decorative chromium electroplating,and chromium anodizing have beenexpanded, and are now expressed interms of process parameters as well asby function. Regardless of what name afacility has assigned to its process, forthe purposes of the regulation, theprocess will be regulated according toits function, bath operating parameters,and desired plating characteristics.Therefore, black decorative chromiumelectroplaters would likely be subject tothe standards for hard chromiumelectroplaters based on platingcharacteristics. The EPA will provideStates with additional guidance on thesetypes of applicability issues in theenabling document.

The commenters that use a low-amperage electroplating process wereconcerned that such a process wouldnot be allowed by the rule, even thoughemissions from this process are low.Although the process does differ fromother hard chromium electroplatingprocesses in that a lower amperage isused, the rule does not preclude the useof this process or any other technique tomeet the applicable emission limitation.The rule does require that the techniquebe demonstrated through performancetesting conducted in accordance withthe test methods and proceduresidentified in the final rule, and thatcompliance monitoring be conducted todetermine continuous compliance.

B. Selection of MACT/GACT ApproachTen commenters questioned the

Agency’s decision to regulate areasources with MACT. A number of thesecommenters disagreed that thechromium compound toxicity dataalone was justification for regulating


area sources as stringently as majorsources. Other commenters stated thatthe costs to area sources regulated withMACT was unduly burdensome,particularly if those sources would besubject to title V. Two commenterssuggested that the EPA apply GACTstandards to small facilities to allow theAgency to focus its resources onfacilities posing the greatest impact, orestablish a threshold below whichsources would be subject to GACT.Another commenter questioned theEPA’s decision to apply MACT to areasources on the grounds that the Act doesnot intend a residual risk analysis forarea sources. This commenter noted thatit was important to have separatestandards for area sources even if GACTwas as stringent as MACT to preservethe intent of section 112(d).

In determining whether to applyMACT or GACT to the area sources inthis source category, the EPAconsidered the toxicity of chromiumcompounds emitted from such sourcesand the availability of controls. The EPAhas concluded that MACT should beapplied to all area sources in all sourcecategories. The basis for this decision isthe toxicity of chromium compounds.The potency of hexavalent chromium,which is categorized as a Group Acarcinogen, is well documented, and atleast three epidemiological studies haveshown a strong association betweenlung cancer and occupational exposuresto mixtures of trivalent and hexavalentchromium. Therefore, the Agency hasconcluded that all chromiumcompounds emitted to the air should beconsidered toxic until adequate data areavailable to determine otherwise.

In selecting MACT over GACT for allarea sources, the EPA also evaluated theavailability of control technologies andthe cost of compliance for area sources.The control technologies that form thebases for MACT are widely available.

Although § 112(d)(5) of the Act doesallow an alternative standard for areasources, the EPA interprets thisparagraph as authorizing theAdministrator to establish GACTstandard for area sources when theimposition of MACT is determined to beunreasonable. For the source categoriessubject to subpart N, the Agencyconsiders it reasonable to apply MACTto area sources.

C. Selection of MACT for HardChromium Electroplating Tanks

1. Selection of the MACT Floor

Four commenters suggested that theMACT floor for new hard chromiumelectroplating tanks should be based onthe use of a fiber-bed mist eliminator

(FBME) because this is the besttechnology in use.

The EPA has gathered additionalinformation since proposal in responseto public comments received. Based onthis information, a total of five facilitiesare known to be using FBME to controlchromium emissions from affected hardchromium electroplating and chromiumanodizing tanks. These five facilitiesrepresent different sizes of hardchromium electroplating and chromiumanodizing operations.

Emission test data were obtained fromfour of the five facilities using FBME(see Item No. IV–B–01 of Docket A–88–02). The emission test data availablefrom one facility were incomplete andcould not be used to assess theperformance of fiber-bed units. The testresults from the other facilities wereadequate to evaluate the performance ofFBME. However, after a thoroughevaluation, it was determined that thelimited data are not sufficient toestablish an emission limit which mustbe met on a continuous long-term basis.In one case, the data were inadequatebecause only a single traverse was madewhen two should have been performed.In the other cases, the quantity ofemissions captured during samplingwas too small to meet Agencyguidelines on minimum quantificationlevels. These data, therefore, must betreated as qualitative rather thanquantitative results and may not be usedto establish achievable emission limits.Based on this qualitative assessment, itappears that FBME offer excellentcontrol potential.

In evaluating control technologies, theAgency also must consider thesustainability of any performance level.The EPA is concerned with the long-term performance of these systemsbecause of the tendency of the fiber bedsto plug. In other contexts, most vendorsof FBME systems do not recommendtheir use as primary pollution controlsystems. Rather, they recommend thatcoarse prefiltering be provided upstreamof the fiber beds to prevent plugging.The prefiltering devices range from aseries of mesh pads to a completepacked-bed scrubber unit. At present,there are no long-term data available toassess any actual deterioration oroperational problems associated withFBME. Fiber-bed mist eliminators tocontrol chromium electroplating andanodizing tanks have only recently beeninstalled as a result of local air districtrequirements; therefore, it is unlikelythat any long-term data are available.

Because of the uncertainties in boththe measured FBME performance dataand the potential long-term variabilityof the system performance, the

Administrator cannot at this timedetermine that a more stringentemission limit could be achieved basedon the application of FBME technologyfor new hard chromium plating orchromium anodizing operations.Therefore, the final MACT performancelevel of new hard chromiumelectroplating and chromium anodizingtanks is unchanged from the proposal.However, the limited data do suggestthat FBME systems can achieve theemission limits established forcomposite mesh-pad systems and fumesuppressants. Because this standard is aperformance standard, the use of aspecific technology is not mandatory;therefore, any system that meets orexceeds the required performance levelmay be used.

In order to facilitate the use of FBMEto achieve compliance with thestandard, monitoring provisions havebeen included in the final rule for usewith FBME. (See discussion in sectionV.H.) The test methods in the proposedrule are suitable for demonstratingcompliance with the standard regardlessof the control technology employed.

2. Regulatory Alternatives ConsideredEight commenters suggested that the

EPA was too limiting in the regulatoryalternatives for hard chromiumelectroplating operations. Thesecommenters believed that the EPAshould allow sources in this subcategoryto use fume suppressants to complywith the standard, instead of lockingsources into a control technology, suchas packed-bed scrubbers. Four of thecommenters also proposed that the EPAallow new and existing hard chromiumelectroplating operations the option ofmeeting the same surface tension limitallowed for decorative chromiumelectroplating operations that use awetting agent-type fume suppressant.

The EPA has selected an emissionlimit format to provide sources with theflexibility to choose the emissioncontrol strategy best suited to theirfacility. The regulation only requiresthat any strategy selected meet theemission limits set out in the rule. Assuch, hard chromium electroplatingsources can use fume suppressants toachieve compliance with the standard,as long as initial compliance testingdemonstrates that the emission limitstipulated in the standard is beingachieved. As discussed later in thispreamble, however, on-goingcompliance monitoring is control-technique specific. As such, the owneror operator of any source that uses afume suppressant to comply with anemission limitation shall monitorsurface tension or foam blanket


thickness, as appropriate, todemonstrate continuous compliance.

3. Selection of MACTSeveral commenters remarked that the

standard for existing hard chromiumelectroplaters is inappropriate. Ninecommenters stated that the standardwas too stringent for large, hardchromium electroplaters; small, hardchromium electroplaters; or both. Thearguments against regulating existinghard chromium electroplaters asstringently as that proposed wereprimarily that the costs associated withthe standard were unduly burdensomeand did not justify the resultingenvironmental benefit, and the emissionconcentration limits specified in theproposed rule were not consistentlyachievable using the control devicesupon which the standards are based.

Five commenters, on the other hand,indicated that the standard for small,hard chromium electroplaters was toolenient. The arguments presented by thecommenters who supported a morestringent standard for small, hardchromium electroplaters were that theresidual risk associated with emissionsfrom these sources warranted morestringent controls, the Agency’sinterpretation of the MACT floor wasflawed (i.e.; should be based on astraight average, not a median); and thecontrol efficiency for packed-bedscrubbers is overstated, as are the costimpacts for a standard based on the useof composite mesh-pad systems.

In setting an emission standard, theAct directs the Administrator to takeinto account costs, nonair quality healthand environmental impacts, and energyrequirements. To fulfill this requirementfor existing hard chromiumelectroplating sources, the EPAevaluated the cost, impact, and benefitof a standard based on the use of apacked-bed scrubber as well as astandard based on the use of acomposite mesh-pad system. TheAgency’s estimate of the incrementalcost effectiveness of requiring allsources to meet a standard based oncomposite mesh-pad systems comparedto one based on packed-bed scrubbers isapproximately $3.7 million perMegagram of chromium controlled ($/Mg) for large sources and $10.7 million/Mg for small sources.

Based on the EPA’s economicanalysis, a standard based on the use ofcomposite mesh-pad systems by allsources would not cause adverseeconomic effects on large sources thatcurrently use packed-bed scrubbers. Dueto economies of scale, the economicimpacts on larger facilities areconsistently less than those on small

facilities. As a result, larger facilitieswill have a greater ability to pass oncontrol costs. Although these costs mayseem high, the EPA believes the toxicityof chromium justifies these costs. Inconsideration of the potential adverseimpacts to small sources, the final rulerequires a less stringent standard forsmall sources than large sources, whichis based on the use of packed-bedscrubbers rather than composite mesh-pad systems. [See Chapter 5 of the NewTechnology Document (‘‘TechnicalAssessment of New Emission ControlTechnologies Used in the HardChromium Electroplating Industry;’’EPA–453/R–93–031) for a detaileddiscussion of EPA’s economic analysisfor these systems.]

The EPA considers the emissionlimitation based on the use of compositemesh-pad systems to be representativeof and consistently achievable withwell-maintained units. No data weresubmitted to support an alternateemission limitation. (For furtherdiscussion of the emission limitations,see section V.F.)

Regarding the comments that theproposed standard for small, hardelectroplaters was too lenient, theAgency believes that the MACT floor isproperly based on the use of packed-bedscrubbers for this source category. TheEPA promulgated a final rule on June 6,1994 (57 FR 29196) that presents theAgency’s interpretation of section112(d)(A) of the Act regarding the basisfor the MACT floor. Under thisinterpretation, the Agency considers theemission limitations achieved by thebest performing 12 percent of existingsources and arrives at the MACT floorby selecting the median of the values,rather than a straight average. Thisinterpretation was followed inestablishing the MACT floor for small,hard chromium electroplaters. TheAgency considers any discussion of therisk remaining from small, hardchromium electroplaters to bepremature at this time.

In accordance with section 112(f) ofthe Act, if a significant residual riskfrom small, hard chromiumelectroplating operations regulated byMACT is found, the Agency is requiredto promulgate standards to mitigate thatrisk. The EPA recognizes the potentialhazards of chromium emissions fromsmall sources and has chosen to regulatearea sources with MACT rather thanGACT. The EPA also considers its costand impact analysis for small, hardchromium electroplaters to be sound.The EPA estimated retrofit costs basedon information from vendors whosupply the equipment to the industry,and therefore estimates are

representative of the control costsincurred by affected sources. The EPAconsiders the efficiency assigned topacked-bed scrubbers for purposes ofcalculating impacts to be representativeof that achieved by well-maintained andwell-operated units controllingemissions from hard chromiumelectroplating tanks. As with commentson the emission limit based oncomposite mesh-pad systems, no datasupporting alternate emission limits fora standard based on packed-bedscrubbers were submitted.

D. Selection of MACT for DecorativeChromium Electroplating andChromium Anodizing Tanks

1. Regulation of the Trivalent ChromiumPlating Process

Eleven commenters disagreed thatdecorative chromium electroplatingtanks that use a trivalent chromiumprocess should be regulated by theproposed rule. Many of the commentersfelt that the EPA had insufficient data toconclude that the risk associated withthis process warranted regulation ofthose sources. Four commenters foundfault with the EPA’s supporting dataand noted that the level of hexavalentchromium in a trivalent chromium baththat corresponds to the EPA’s estimateof hexavalent emissions from that bathwould far exceed that level ofhexavalent chromium that woulddestroy the trivalent bath. Three othercommenters stated that use of thetrivalent chromium process should beencouraged by the EPA, becausetrivalent processes result in less totalchromium in process wastewater andless sludge generation. One of thecommenters suggested regulatingtrivalent chromium electroplatingprocesses under GACT to eliminatesome of the burden associated with thereporting, recordkeeping, andmonitoring requirements specified inthe proposed rule.

Twelve commenters responded to theEPA’s request for comment on whetherthe trivalent chromium electroplatingprocess should be required for newsources. The majority of thesecommenters did not think that thisshould be a requirement because theprocess was not technically feasible forthe full range of decorative chromiumelectroplating operations. Twocommenters pointed out inconsistenciesin the EPA’s reasoning; the EPA canonly require trivalent chromium baths ifit recognizes the difference in toxicitybetween hexavalent and trivalentchromium.

The EPA has reconsidered thetechnical basis for regulating tanks


using the trivalent chromiumelectroplating process and the feasibilityof requiring such a process for newsources. During development of theproposed standards, the EPA evaluatedthe trivalent chromium electroplatingprocess as a pollution preventionalternative. Chromic acid is not presentin the plating solution in the trivalentchromium processes, and hexavalentchromium is regarded as a bathcontaminant in these processes. Inaddition, all of the trivalent chromiumplating solutions with which EPA isfamiliar contain a wetting agent as aninherent bath component. That is, thewetting agent is part of the platingsolution purchased from the vendor; itis not added separately by the end user.

With a trivalent chromium platingprocess, the potential emissions ofchromium in any form are much lowerbecause the concentration of totalchromium in trivalent chromium bathsis approximately four times lower thanthe total chromium concentration inchromic acid baths. Trivalent chromiumprocesses greatly reduce emissions ofthe most potent form of chromium(hexavalent), and significantly loweremissions of chromium in other forms.In addition to reduction of airemissions, the use of trivalentchromium processes results in lowerchromium concentrations in processwastewaters and, consequently, reducesthe amount of sludge generated. Basedon a source test conducted by the EPA,total chromium emissions from atrivalent chromium bath areapproximately 99 percent less thanthose from a traditional, uncontrolleddecorative hexavalent chromium bath.Hexavalent chromium emissions from atrivalent chromium bath were found tobe approximately equivalent to thoseemitted from a decorative hexavalentchromium bath controlled by adding awetting agent.

Although chromium emissions fromthe trivalent chromium process werelow, the EPA had not anticipated thepresence of hexavalent chromium inemissions from the trivalentelectroplating process nor the level oftotal chromium emissions. Given thatthe Act lists all forms of chromium onthe HAP list, the EPA considered thetrivalent chromium electroplatingprocess as a source of chromiumemissions as well as an emission controlalternative for the chromic acidelectroplating process. Based on theemission test results, a decorativehexavalent chromium bath controlledby adding a wetting agent hadequivalent hexavalent chromiumemissions and less total chromiumemissions than a trivalent chromium

plating bath. (As previously stated, fortrivalent chromium baths, the wettingagent is inherent to the solution; it doesnot need to be added by the user.) Inaddition, the trivalent chromiumprocess may not be technically feasiblefor all decorative chromiumelectroplating applications. Therefore,the final rule does not require the useof a trivalent chromium electroplatingprocess for either existing or newdecorative chromium electroplatingtanks.

The EPA has decided to regulatesources that use trivalent chromiumbaths in the final rule. It is not clearwhether the EPA data accurately reflectemissions from the trivalent chromiumelectroplating process, or if theanalytical integrity of the data issuspect. In light of the ambiguity of theair emissions data, and given the otherenvironmental benefits from thetrivalent chromium process, the EPAhas decided to regulate these bathsdifferently from hexavalent chromiumelectroplating baths.

The final rule requires users oftrivalent chromium baths to submit aninitial notification and a notification ofcompliance status certifying that atrivalent chromium bath is being usedand identifying the bath components(specifically, the wetting agent).Subsequent notifications are requiredonly if the process is changed, or if anew trivalent chromium process isintroduced. Users of trivalent chromiumbaths must also keep records of bathchemicals purchased so the EPA can beassured that the bath contains a wettingagent. These notification andrecordkeeping requirements apply onlyto those trivalent chromium baths thatincorporate a wetting agent. The EPAhas evaluated baths with thischaracteristic and found them to havethe environmental benefits discussedabove. Although such baths are notknown to exist, the EPA has chosen toregulate trivalent chromium baths thatdo not incorporate a wetting agent in thesame manner as decorative chromiumbaths using a chromic acid solution. TheEPA believes that this will discouragethe use of a trivalent chromium baththat does not have a wetting agent as aninherent bath component.

2. Selection of MACT for DecorativeChromium Electroplating Tanks

Three commenters suggested that theproposed emission limit of 0.003 mg/dscm for decorative chromiumelectroplaters using hexavalentchromium baths was too stringent. Twocommenters did not think that a sourceusing either a fume suppressant or afume suppressant in conjunction with a

packed-bed scrubber could consistentlymeet a limit of 0.003 mg/dscm.

In response to the comments receivedat proposal, the EPA has reconsideredthe basis for the emission limit of 0.003mg/dscm for decorative chromiumelectroplating and chromium anodizingtanks. As stated in the preamble to theproposed rule, this emission limit wasbased on tests of a decorative chromiumelectroplating tank in which acombination wetting agent/foam blanketwas used to control emissions. Testshad also been conducted on a decorativechromium electroplating tank usingonly a foam blanket for control. Thechromium emission data for all types offume suppressants ranged from 0.001 to0.007 mg/dscm, with the wetting agent/foam blanket data ranging from 0.001 to0.003 mg/dscm and the foam blanketdata ranging from 0.003 to 0.007 mg/dscm. In evaluating whether theproposed emission limit of 0.003 mg/dscm should be revised in the final rule,the EPA reassessed the effect the testmethods may have had on the emissiondata obtained. The analytical methodused for the fume suppressant test wascolorimetric spectroscopy. As moreefficient control technologies (such ascomposite mesh-pad systems) weredeveloped, a more sensitive analyticalmethod was needed to measure thelower concentrations of chromium beingemitted. Therefore, the more sensitiveion chromatography method was usedin the later phases of emission testingfor these standards involving add-oncontrol devices.

By using the less sensitivecolorimetric analytical method, it isunclear whether the variation foundbetween the two types of fumesuppressants was due to a performancedifference in the fume suppressants orwas an artifact of the analytical methodused. The fact that there is overlapbetween the foam blanket and wettingagent/foam blanket data furtherindicates that this could be the case.(Both were able to achieve a limit of0.003 mg/dscm in one instance.)Therefore, the EPA has concluded thatthe emission limit in the final ruleshould be based on the performance ofboth foam blankets and wetting agents.Accordingly, the emission limit selectedfor decorative chromium electroplatingand chromium anodizing tanks in thefinal rule is 0.01 mg/dscm. Thisemission limit was selected by applyinga safety factor to the highest measureddata point (0.007 mg/dscm) to accountfor variations in sampling and analyticalprocedures. The selection of thisemission limit is consistent with themethodology used to select emissionlimits based on other control


techniques, as is further discussed insection V.F.

3. Selection of MACT Floor/MACT forChromium Anodizing Tanks

Three commenters questioned theMACT floor established by the EPA forsources performing chromiumanodizing. The commenters stated thatit did not appear that the EPA hadsufficient data to perform a MACT flooranalysis for these sources. Commentersstated that chromium anodizers anddecorative chromium electroplaters thatcannot use fume suppressants should beconsidered separately, and the MACTfloor for such sources should be basedon packed-bed scrubbers. Also,according to six commenters, thestandard for chromium anodizing tanksis not achievable in all situations,especially when an add-on controldevice is used in lieu of fumesuppressants. One commenter statedthat unless the standard for chromiumanodizing tanks controlled with add-oncontrol devices is set at 0.03 mg/dscm,sources will have to use an add-oncontrol device followed by a fiber-bedmist eliminator to achieve the emissionlimit.

The MACT floor for chromiumanodizing sources was based oninformation available to the EPA on thesource category. Information on theindustry was obtained through surveyquestionnaires to both industryrepresentatives and control systemvendors, site visit reports, and availableemission data. Although informationwas not available from all sources in thecategory, the EPA believes theinformation was sufficient to satisfy therequirements of section 112(d)(3) of theAct. The survey responses, whichincluded some aerospace facilities,indicated that fume suppressants werethe control technique usedpredominantly in the industry. Section112(d)(3) of the Act prohibits the EPAfrom establishing a standard that is anyless stringent than the MACT floor fora category or subcategory of sources. Notechnical reason was provided byindustry, nor is one known to the EPA,for creating a separate subcategory ofsources for which fume suppressants arenot technically feasible. Thus, all newand existing sources performingchromium anodizing must meet eitheran emission limit of 0.01 mg/dscm ormaintain the surface tension specifiedin the rule. The EPA believes that therevised chromium emission limit of 0.01mg/dscm for chromium anodizing tanksin the final rule is achievable by sourcesusing add-on control technology.Alternatively, the EPA believes that thecompliance timeframe for existing

sources performing chromiumanodizing in the final rule (2 years) willallow these sources to furtherinvestigate the feasibility of using fumesuppressants.

E. Selection of the Format of theStandard

Seven commenters stated that theformat of the standard should beexpressed as a process emission rate inmilligrams of chromium emitted peramp-hour of operation (mg/amp-hr),which would be consistent withCalifornia rules, rather than as anemission concentration (mg/dscm).According to the commenters,concentration-based standards areflawed because they can becircumvented by dilution, concentrationcan vary from system to system, andsource test data indicate that outletconcentrations vary widely for differentinlet conditions. Several commentersalso pointed out that emissions shouldbe correlated to production ratesbecause chromium emissions increaseproportionately with increased current.Two other commenters suggested thatthe final rule specify acceptable processemission rates to avoid an equivalencyevaluation.

Based on the Agency’s evaluation, theavailable test data indicate that aprocess emission rate format will notensure consistent compliance with thecontrol level required by the standard.The concentration data collected by theEPA for the composite mesh-pad andpacked-bed scrubber systems do notoverlap; that is, composite mesh-padsystems consistently outperformpacked-bed scrubbers. The processemission rate data, on the other hand dooverlap; even though composite mesh-pad systems are a superior technology topacked-bed scrubbers, both sometimesachieve the same process emission rate.This occurs because two sources can beusing the same control technology andachieving the same outlet emissionsconcentration, but the one with thehigher current loading will have a lowerprocess emission rate. Commenterscontend that this is reasonable becausethe production rate, as measured inampere-hours, is related to emissions.However, the amount of currentsupplied to the tank is an indicator ofthe amount of uncontrolled emissionsfrom the tank, not the controlledemission level from the tank. Because ofthe differences in process emission rate-based and concentration-basedstandards, and the source-specificnature of process emission ratestandards, the EPA cannot cite anequivalent process emission rate in thefinal rule.

Regarding the issue of circumventionof the standard through dilution of theemission stream, the EPA believes thatdilution of the gas stream can bedetermined by reviewing test andpermit data for a facility. The outlet airflow rate measured during testingshould approximate the design air flowrate for the control system reported onthe permit application. If the two valuesdiffer significantly, then an inspectionof the control system can be made todetermine if dilution air is beingintroduced. It is also possible for afacility to dilute the inlet gas stream tothe control device by designing a systemto ventilate the electroplating tanks atair flow rates substantially above thoserequired for adequate ventilation.However, the increased installation andmaintenance costs associated with sucha system would outweigh the costs ofcomplying with the standard withoutdilution. Further, § 63.4(b) of theGeneral Provisions expressly prohibitsdilution as a means to comply with anemission limit. Therefore, concerns ofdilution of the air stream were notconsidered to outweigh the benefits of aconcentration-based format for thestandard.

Eight commenters disagreed with theEPA’s decision to base the standard onemissions of total chromium rather thanon emissions of hexavalent chromium.Two commenters suggested allowingsources to demonstrate compliance bytesting for hexavalent chromium in lieuof total chromium.

The EPA decided to base the standardon total chromium because the HAP listidentifies all chromium compounds, notjust hexavalent chromium compounds.In addition, based on testing conductedby the EPA for these source categories,the available test data indicate thathexavalent and total chromium levels inthe emission stream were essentially thesame for chromic acid baths (varyingwithin ±10 percent in most instances).Because the EPA data base is mainlycomprised of data measured ashexavalent chromium, the final ruledoes allow all sources using chromicacid baths to demonstrate complianceby measuring either hexavalent or totalchromium for all sources.

F. Selection of the Emission LimitsMany commenters stated that the

emission limit based on the use ofcomposite mesh-pad systems should bechanged. Three commenters suggestedlowering the emission limit that is basedon the use of composite mesh-padsystems, stating that the EPA did nottest the best systems available, andsuggested levels ranging from 0.001 mg/dscm to 0.009 mg/dscm. Other


commenters stated that the proposedlimit based on composite mesh-padsystems (0.013 mg/dscm) was too low.Five commenters stated that theproposed emission limit for packed-bedscrubbers was also too high, noting thatsome units tested by the EPA did notachieve this limit.

The proposed emission limit of 0.013mg/dscm for large hard chromiumelectroplaters was based on tests thatthe EPA conducted on actual controldevices operating under normal processconditions. Lower limits than the oneselected for large sources weremeasured from these devices, but theEPA based the emission limit on thehighest measured data point andbelieves that this limit is consistentlyachievable. Regarding the emission limitbased on packed-bed scrubbers, the EPAdid test some packed-bed scrubbersystems that were not achieving thelevel of 0.03 mg/dscm required by theproposed standard. However, thesedevices were not optimized to achievethe higher removal efficiencies.Specifically, when scrubbers wereoperated with periodic or continuouswashdown in which fresh water wassupplied as makeup to the top of thebed, a limit of at least 0.03 mg/dscm wasachieved. The final rule includes workpractice standards that require the useof fresh water added to the top of thepacked bed whenever makeup additionsoccur. Thus, packed-bed scrubbers thatare operated in accordance with therequirements of the rule should be ableto achieve a limit of 0.03 mg/dscm. TheEPA does not think it is appropriate tosubstantially change the emission limitsbased on the use of composite mesh-padsystems or packed-bed scrubbers; thecommenters did not provide data thatsupported their claim that differentemission limits are more appropriate.

As discussed previously, the emissionlimit for decorative chromiumelectroplating tanks and chromiumanodizing tanks has been changed to0.01 mg/dscm in the final rule byapplying a safety factor to the highestdata point (0.007 mg/dscm) in the fumesuppressant data base. Similarly, theemission limit that is based on packed-bed scrubbers is based on rounding thehighest value (0.028 mg/dscm) in thepacked-bed scrubber data base to 0.03mg/dscm to incorporate a safety factor.Therefore, in the final rule, the emissionlimit that is based on the use ofcomposite mesh-pad systems (0.013 mg/dscm) has been adjusted to 0.015 mg/dscm by applying a safety factor to thehighest value (0.013 mg/dscm) in thedata base to ensure that the limit isachievable on a consistent basis.

G. Selection of Compliance Dates

Several commenters stated that theproposed compliance dates for affectedexisting sources did not allow sufficienttime to achieve compliance with theproposed rule. The majority of thesecommenters suggested compliancetimeframes of 2 to 3 years. According tothe commenters, the compliance periodspecified in the proposed rule did notallow enough time to inform andeducate affected owners and operators;acquire capital; conduct research andtest systems; identify, purchase, andinstall control equipment; developstartup, shutdown, and malfunctionplans; train staff; build inventories; andestablish reporting and recordkeepingsystems.

The Agency agrees with thecommenters that the compliancetimeframes for affected sources shouldbe increased. The EPA recognizes thatsome of the facilities within all of thesource categories will have toinvestigate the technical feasibility ofinstalling control devices or using othertechnologies at their facility to meet thestandards. Also, many area sources arenot yet aware that a rule is to bepromulgated for their industry, and timeis needed for them to be made aware ofthe requirements of this rule. Therefore,the EPA has extended the compliancedate to 1 year after the promulgationdate for existing decorative chromiumelectroplaters and 2 years after thepromulgation date for existing hardchromium electroplaters and chromiumanodizers. The EPA believes that the 1year timeframe for decorative chromiumelectroplaters is sufficient because,based on the EPA’s survey data, 80percent of existing sources already usefume suppressants and very few willneed to install add-on air pollutioncontrol devices. The EPA thinks that thecompliance timeframes in the final rulewill address commenters concerns andstill ensure implementation of controlsin a timely fashion. Due to the toxicityof chromium compounds and theimportance of controlling chromiumemissions to protect human health andthe environment, the Agency decidedagainst a compliance time longer than 2years for any of the source categoriesaffected.

To accommodate sources that cannotcomply with the standard by thecompliance date, § 63.6(i) of the GeneralProvisions and § 63.343(a)(6) of subpartN allows a source to request a 1-yearcompliance extension, which must besubmitted 6 months in advance of thecompliance date identified in theregulation. This extension combinedwith the compliance timeframes in the

proposed rule could provide a total of2 years for compliance for decorativechromium electroplaters and 3 years forcompliance for hard chromiumelectroplaters and chromium anodizers.

H. Selection of Monitoring RequirementsSection 114(a)(3) of the Act requires

enhanced monitoring and compliancecertification of all major stationarysources. The annual compliancecertifications certify whethercompliance has been continuous orintermittent. Enhanced monitoring shallbe capable of detecting deviations fromeach applicable emission limit orstandard with sufficientrepresentativeness, accuracy, precision,reliability, frequency, and timeliness todetermine if compliance is continuousduring a reporting period. Themonitoring in this regulation satisfiesthe requirements of enhancedmonitoring.

1. Compliance Monitoring for Add-onAir Pollution Control Devices

Eleven comments addressed thesuitability of measuring gas velocity todemonstrate on-going compliance whenadd-on air pollution control devices areused to comply with an emission limit.The commenters stated that measuringgas velocity is very complicated,redundant with measuring pressuredrop, and not indicative of controldevice performance. Two commenterspointed out that no suitable testingpoint may be accessible, and apermanent measurement device may befouled by chromic acid.

Several commenters remarked on therequirement for measuring chromiumconcentration in the scrubber water.Four of these commenters stated thatthere is no obvious relationship betweenscrubber water chromium concentrationand scrubber performance. Othercommenters indicated thatmeasurement of chromiumconcentration in scrubber water with ahydrometer is not accurate.

In revising the proposed rule, the EPArecognizes that the measurement of gasvelocity could be burdensome and thatother control system parameters couldpotentially be used to determine on-going compliance. Therefore, in thefinal rule, sources using compositemesh-pad systems are required tomonitor pressure drop across the devicefor compliance purposes. Based oninformation gathered by the EPA,pressure drop is directly related tocomposite mesh-pad systemperformance, measurement of pressuredrop is straightforward, and some usersof composite mesh-pad systems arecurrently monitoring pressure drop. The


EPA believes that this change makes therule more flexible for regulated sources,while still ensuring that the EPA has amechanism for determining compliancewith the emission limits at any giventime.

The final rule requires sources thatuse a packed-bed scrubber to meet theemission limit must measure thevelocity pressure at the inlet to thecontrol system as well as the pressuredrop across the device. The relationshipbetween pressure drop and packed-bedscrubber performance is less reliablethan the relationship between pressuredrop and composite mesh-pad systemperformance because of the lowerpressure drop in packed-bed scrubbers.Therefore, the EPA also requires sourcesusing packed-bed scrubbers to monitorthe velocity pressure at the inlet to thecontrol device. This requirement willensure that the gas velocity through thecontrol system is maintained inaccordance with vendorrecommendations and, along with thepressure drop monitoring, will ensurethat the control system is properlyoperating.

The requirement that sources usingpacked-bed scrubbers monitor thechromium concentration in the scrubberwater has been eliminated, because theEPA concluded that monitoring of thevelocity pressure at the control deviceinlet and the pressure drop across thedevice was sufficient to demonstratecompliance with the emission limitswhen packed-bed scrubbers are used.

Compliance monitoring requirementsfor fiber-bed mist eliminators have beenadded in the final rule because thesedevices could likely be used to meet theemission limitations, and some fiber-bed mist eliminators are known to be inuse. Sources that use a fiber-bed misteliminator to meet the emission limitmust measure the pressure drop acrossthe fiber-bed unit, as well as thepressure drop across the control deviceupstream of the fiber-bed unit that is inplace to prevent plugging.

As discussed above, several changeshave been made to the monitoringrequirements specified in the proposedrule based on the EPA’s review ofcomments received on the proposedrule and further investigation of whichprocess parameters relate best to properperformance of the control systems. Thefinal compliance monitoringrequirements are found in § 63.343(c) ofthe final rule.

2. Work Practice Standards for Add-onAir Pollution Control Devices

In the proposed rule, Operation andMaintenance (O&M) requirements foradd-on air pollution control devices

consisted of adding makeup water topacked-bed scrubbers, requiringwashdown of composite mesh pads, andvarious inspections for both types ofcontrol devices. The majority ofcomments focused on the requirementsassociated with makeup water forpacked beds and washdown forcomposite mesh pads. Severalcommenters suggested alternatives forthe requirements for adding makeupwater to packed-bed scrubbers. Thecommenters disagreed that makeupwater can or should be added to the topof the scrubber. Others questioned theneed to use fresh water in scrubbers andcomposite mesh pads because doing soincreased wastewater flows. Othercommenters requested that the final ruledefine the term ‘‘fresh water.’’

In the final rule, the O&Mrequirements have been replaced withwork practice standards that addressO&M practices [§ 63.342(f)]. The finalrule continues to require sources usingpacked-bed scrubbers to meet anemission limit and ensure that allmakeup water is fresh and supplied tothe unit at the top of the packed bed.The EPA considers this requirementessential to meeting the prescribedemission limit. During source testingconducted by the EPA to establish theperformance level of packed-bedscrubbers, it was noted that a systemequipped with an overhead spraysystem that periodically cleaned thepacking with fresh water performedmuch better than a system without suchcleaning. Based on those results, theEPA believes that without therequirement that makeup water be freshand added to the top of the packed bed,scrubbers will not continuously meetthe required emission limit even if thescrubber met the limit during the initialperformance test and is operated withinthe appropriate ranges of pressure dropand velocity pressure. For clarification,the term fresh water is defined in thefinal rule.

There were 11 comments on thewashdown requirements for compositemesh-pad systems. Several of thesecommenters indicated that the specifiedwashdown frequency was eitherimpractical, infeasible, or unnecessary.Seven commenters suggested washdownrequirements for composite mesh-padsystems be site-specific, asrecommended by vendors, or apply onlyif pressure drop determinations indicatethe potential presence of chromic acidbuildup. Two commenters indicatedthat the washdown water will likelyexceed the quantity of water that can berecycled, thus resulting in a wastewaterstream that needs to be treated.

In the final rule, the EPA has revisedthe requirement that sources complyingwith an emission limit by using acomposite mesh-pad system performwashdown of the pads. The EPAbelieves that washdown is an essentialpart of composite mesh-pad systemoperation; if proper system maintenancesuch as washdown does not occur, therewill be a decline in system performance.However, instead of specifying awashdown frequency, the revised rulespecifies that washdown be conductedin accordance with manufacturers’recommendations as part of a facility’sO&M plan. The EPA recognizes thatvendor designs for these systems varysignificantly, and the requirements forwashdown are based on the design ofthe unit and the operation of the platingtanks. The frequency of washdown isdependent upon the position of the padin the control unit. Pads located in thefront portions of the unit are exposed tohigher chromium concentrations and,therefore, require washdowns morefrequently than those located in theback of the unit. Washdown practicesrecommended by manufacturers varyfrom continuous in some cases to amaximum of once every 1 to 2 weeks.

The EPA has also added work practicestandards for fiber-bed mist eliminatorsin the final rule because these controldevices are likely to meet the emissionlimitations, and are known to be in useby sources affected by these standards.The work practice standards identifiedfor fiber-bed mist eliminators areanalogous to those identified for thecomposite mesh-pad system. Washdownrequirements for fiber-bed units willdepend on the efficiency of theprefiltering device and the operation ofthe plating tanks. Fiber-bed unitsinstalled downstream of more efficientprefiltering systems, such as packed-bedscrubbers, will require less frequentwashdown than those using a lesseffective prefiltering device because ofthe lower inlet loading to the unit. Mostvendors of fiber-bed units recommendedmonitoring of the pressure drop as ameans of gauging when the unit needsto be washed down. If an increase inpressure drop is observed, then the unitwill be washed down to remove anychromium built up on the fiberelements.

3. Frequency of Monitoring for Add-onAir Pollution Control Devices

Fourteen commenters indicated thatthe daily monitoring of add-on airpollution control devices isunnecessary, particularly for smallsources, and suggested that at least someof the monitoring be required on only aweekly, monthly, or quarterly basis.


Other commenters suggested thatmonitoring be tied to production rate,that monitoring be conducted only ondays when electroplating is takingplace, or that monitoring requirementsbe reduced after the source has been incompliance for 6 months. Commentersalso requested that monitoring berequired only during tank operation,and that tank operation be defined.Several commenters disagreed with theproposed inspection frequency becauseof increased exposure hazards topersons conducting the inspections or ofanticipated down-time due to theinaccessibility of control systems.

In response to these comments and tominimize the burden on regulatedsources, the EPA has reduced theburden associated with the compliancemonitoring and work practice standardsin the final rule. The final rulecontinues to require daily monitoring ofpressure drop and velocity pressure forcompliance, but the monitoringprocedures specified in the rule are theminimum required to determinecontinuous compliance. Once themonitoring devices are in place, theonly labor required is that needed toread the gauges. The frequency ofinspections for compliance with thework practice standards has also beenreduced or revised. In the final rule, thefrequency of inspections has beenreduced from monthly or daily to onceevery 3 months. The EPA believes thatthe inspections are still necessary toensure that system degradation is notoccurring over time, because gradualdegradation may not be apparent fromcompliance monitoring alone. Somecommenters noted that their systemswere not accessible for inspection, orthat the inspection would result inextended downtime. The compliancetimeframes in the final rule shouldallow sources sufficient time to retrofittheir systems to facilitate inspections,and the negative effects of anydowntime are minimized by thereduced inspection frequency.

The final rule also has been clarifiedso that monitoring requirements applyonly during tank operation; tankoperation is defined in § 63.341.

4. Compliance Monitoring AssociatedWith Fume Suppressants

Regarding the use of wetting agent-type fume suppressants, sevencommenters indicated that therequirement for maintaining surfacetension below 40 dynes/cm for chromicacid baths is inappropriate. The reasonsprovided by the commenters were thata surface tension standard may not beprudent to demonstrate compliance, adirect correlation between exceedance

of parameters and emission limits hasnot been established, and the ruleshould allow sources to set their owncompliance value for surface tension.Other commenters noted that thespecified limit was either too low or wasnot consistent with manufacturers’recommendations.

Based on data collected by the EPA,the performance of an electroplatingbath controlled with a wetting agent-type fume suppressant can bedetermined by the surface tension of thebath. Therefore, the EPA believes thatthere is a direct link between surfacetension and emissions. The EPA alsobelieves that it is necessary andappropriate to set a default value forsurface tension in the rule. Based on theEPA’s experience, many decorativechromium electroplating tanks are notventilated, making source testingimpossible without considerableretrofitting.

The EPA has increased the defaultsurface tension limit from the proposed40 dynes/cm to 45 dynes/cm based oninformation received during thecomment period. However, if a facilitybelieves that a different surface tensionvalue is appropriate, the rule allows asource to conduct a performance testconcurrently with surface tensionmonitoring to establish the maximumsurface tension that corresponds tocompliance with the emission limits.The source would subsequently monitorsurface tension, with an exceedanceoccurring if the surface tension of thebath exceeded the value measuredduring the performance test.

Regarding foam blanket-type fumesuppressants, several commenters wereconcerned about the technique formeasuring foam blanket thickness andthe potential hazards associated withthis measurement. Another commenterstated that the stack testing requirementis unreasonable due to its excessivecost.

The EPA does not believe that it isnecessary to specify a procedurebecause it is simply a depthmeasurement. Specifying a techniquemay also hinder the development ofsite-specific techniques to reduceworker exposure. The EPA believes thatwetting agents are safer than foamblankets because foam blankets presenta potential safety hazard. The foam trapsthe hydrogen gas and chromic acid mistin the foam layer; if these gases build upand a spark is generated, a hydrogenexplosion will result. As a means ofencouraging wetting agent use overfoam blankets, sources using wettingagents do not have to conduct aperformance test unless they want to seta surface tension limit other than the

default value of 45 dynes/cm. The EPAbelieves that the compliance timeframesin the final rule will allow sources thatcurrently use foam blankets theopportunity to explore the use ofwetting agents. Sources that wish tocontinue using foam blankets will berequired to conduct a performance test.

5. Frequency of Monitoring AssociatedWith Fume Suppressants

There were over 20 comments relatedto the frequency of monitoring surfacetension. Several of these commentersmade recommendations for alternatemonitoring schedules, ranging fromdaily to monthly monitoring, in place ofthe 4-hour schedule. Among the reasonscited for decreasing the surface tensionmonitoring frequency were that surfacetension does not change on a daily orweekly basis, measuring surface tensionis very time-consuming and couldrequire someone full-time if there weremultiple tanks, and frequent monitoringresults in increased worker exposure.

Thirteen commenters providedremarks regarding the burden of hourlytesting for sources using foam blankets.The commenters noted that foamblankets that are used according tomanufacturer’s instructions aredesigned to last 24 hours provided theair is not agitated at the surface near theanodes and freeboard height isadequate. Therefore, visual observationis adequate for determining foamblanket effectiveness. Other commentersstated that the excessive monitoringrequirements for foam blanketsdiscourage their use, yet several Statesrecommend or require foam blanketswith less testing and recordkeeping thanthat proposed by the EPA.

In response to comments and somedata received, the EPA recognizes thatthe 4-hour surface tension monitoringfrequency specified in the proposed rulemay be burdensome, and in some cases,unnecessary. The EPA has insufficientdata, however, to establish themonitoring frequency that is appropriatefor each mode of bath operation.Therefore, the final rule allows adecrease in monitoring frequency if noexceedances occur. Section63.343(c)(5)(ii)(B) specifies that thesurface tension be measured once every4-hours of tank operation for the first 40hours of tank operation after thecompliance date. If no exceedancesoccur, monitoring can occur once every8 hours of tank operation. Once thereare again no exceedances during 40hours of tank operation, surface tensionmeasurement may be conducted onceevery 40 hours of tank operation on anon-going basis, until an exceedanceoccurs. Once an exceedance of the


standard occurs or the electroplatingsolution is changed out, the originalmonitoring schedule must be resumed.

Likewise, the final rule containsallowances to decrease the frequency ofmonitoring foam blanket thickness. Theproposed hourly frequency is based onthe EPA’s experience that foam blanketscan deplete quickly and must be closelymonitored. The final rule is unchangedin that sources using a foam blanketmust conduct a performance test, andthe initial monitoring frequency is onceper hour. However, as with wettingagents, the final rule allows a decreasein monitoring frequency if noexceedances occur. Section63.343(c)(6)(ii)(B) specifies that thefoam blanket thickness be measuredonce every hour of tank operation forthe first 40 hours of tank operation afterthe compliance date. If no exceedancesoccur, the time between monitoring maybe increased to once every 4 hours oftank operation. Once there are noexceedances during 40 hours of tankoperation, foam blanket thicknessmeasurement may be conducted onceevery 8 hours of tank operation on anon-going basis. As with wetting agents,if there is an exceedance or if theelectroplating bath is changed out, theoriginal monitoring schedule must beresumed.

I. Selection of Test MethodsThree commenters requested that

CARB Method 425 be evaluated forequivalency, and if determined to beequivalent, be identified as such in therule. These commenters also stated thatsources that have performed this testshould not have to retest. Fourcommenters asked whether retestingwill be required if sources haveconducted performance tests previouslyusing 306, 306A, or an equivalent testmethod.

Section 63.344(c)(2) identifies theconditions under which the CARBMethod 425 is considered equivalent.Basically, the acceptability of this testmethod will depend upon the analysisrather than the sampling train orsampling procedure. Regarding the issueof whether retesting is required,§ 63.344(b) of the final rule outlines thecriteria that must be met for a previoussource test to be acceptable.

Two commenters requested that therule provide guidance on how to verifycompliance when both chromiumanodizing and hard chromiumelectroplating tanks are vented to acommon control device. Threecommenters pointed out that theregulation does not account for thesituation in which chromiumelectroplating sources share a

ventilation system with nonchromiumsources that could introduce dilutionair. Three commenters noted that it isextremely difficult to reconfigure someexisting systems in such a way that onlythe emissions from chromiumelectroplating or anodizing are tested.

There are basically two situationsinvolving multiple tanks manifolded toone control system: (1) The multipletanks include a chromium electroplatingor chromium anodizing tank amongother tanks not affected by the rule; or(2) the multiple tanks includechromium tanks performing differentoperations (e.g., electroplating andanodizing) or hard chromium tankssubject to different emission limits (e.g.,a new tank and an existing small tank),which may or may not be controlledwith nonaffected sources. Section63.344(e) of the final rule includescompliance provisions for both of thesesituations.

J. Selection of Reporting andRecordkeeping Requirements

Several commenters stated that thefrequency of recordkeeping andreporting outlined in the proposed rulewas overly burdensome and suggestedseveral alternatives. Seven commentersstated that the types of recordkeepingrequired by the rule are inappropriate.In general, the commenters remarkedthat records, such as the amount ofchemicals used and purchased and theamount of fume suppressant materialadded do not indicate compliance. Twocommenters stated that recordkeepingrequirements be limited to only surfacetension measurements because thatmeasurement is the basis of compliance.One commenter indicated there is noenvironmental benefit to keepingrecords of gas velocities, pressure drops,washdown conditions, and scrubberwater chromium concentrations. Twocommenters stated that maintainingrecords at a facility for 5 years isexcessive; a more appropriate length oftime would be 3 years. One commentersuggested a minimum of 2 years.

Two commenters suggested that thereporting schedule be replaced with arequirement that the source submit anannual certification that necessarycontrol parameters have been met,consistent with the annual certificationrequirements of title V. Anothercommenter indicated that sourcesshould not be required to submitcompliance reports if the source’spermitting agency inspects the onsiterecords annually. Finally, onecommenter suggested that the rule allowa reduced reporting frequency after 2years if sources do not experience

exceedances of any State or Federalemission standards.

Seven commenters stated that thecosts associated with the monitoringand recordkeeping constituted anunnecessary burden to both large andsmall facilities. These commenters alsonoted that the EPA underestimated thecosts associated with monitoring,reporting, and recordkeeping. Two ofthe commenters stated that smallbusinesses do not have the resources tokeep extensive records. Anothercommenter pointed out that the EPA hasrecognized differences in large andsmall facilities in selecting MACTemission standards and should alsorecognize differences between large andsmall facilities in selecting reporting,recordkeeping, and permittingrequirements.

To respond to comments received andto reduce the burden on the many areasources that will be subject to thesestandards, the monitoring, reporting,and recordkeeping requirements havebeen reduced in the final rule to theextent possible while still providing theEPA with the ability to determine asource’s continuous compliance status.The recordkeeping requirements arecontained in § 63.346 of the final rule.The EPA concurs that the recordsrequired to be kept should correspondspecifically to that which is required todemonstrate compliance. As such,recordkeeping associated with fumesuppressants requires only that sourcesmaintain records of the date and time ofsurface tension or foam blanketthickness measurements, as appropriate,the value measured, and the date andtime of additions of fume suppressant tothe bath. Likewise, the recordkeepingassociated with the add-on air pollutioncontrol devices is reduced to the extentthat the monitoring requirements havebeen reduced. Sources will have to keeprecords of pressure drop and velocitypressure, as appropriate, as well asrecords to document adherence with theO&M plan required by § 63.342(f)(3).

The final rule is unchanged fromproposal in that it requires that ownersor operators of affected sources maintainrecords for a period of 5 years followingeach occurrence, measurement,maintenance, corrective action, report,or record. This requirement is consistentwith the General Provisions and withthe title V permit program. The EPAbelieves retention of records for 5 yearsallows the EPA to establish a source’shistory and pattern of compliance forpurposes of determining the appropriatelevel of enforcement action.

The final rule also requiressubmission of on-going compliancestatus reports to document whether a


source has been in continuouscompliance with the standards. Thefinal rule contains different reportingschedules for major and area sources.Major sources are required to submit on-going compliance status reportssemiannually, unless an exceedanceoccurs, at which time quarterly reportswould be required. This change isanalogous to the requirements of thefinal General Provisions, which hadonly been proposed at the time of thisproposed rulemaking.

In an effort to reduce the burden onarea sources, the final rule allows areasources to complete an annualcompliance report, and allows thesource to maintain the report on site, tobe made available to the Administratoror permitting authority upon request.The EPA recognizes that manypermitting authorities may not beequipped to handle reports from areasources, and that these sources may notbe the sources of primary concern to theauthority. However, the requirements inthe final rule do not alleviate affectedarea sources from complying with thereporting requirements of State orFederal operating permit programsunder title V. The rule does require thatarea sources submit reportssemiannually if exceedances occur, or ifrequired by the Administrator orpermitting authority.

Sources using a trivalent chromiumbath are only required to keep recordsof the bath ingredients purchased. Thesesources must submit an initialnotification and notification ofcompliance status, but are not requiredto submit on-going compliance statusreports.

As a result of the reduced monitoring,reporting, and recordkeeping in the finalrule compared to the proposed rule, thecosts of these activities have also beenreduced. A comparison of the cost of themonitoring, reporting, andrecordkeeping associated with the finaland proposed rules was presented insection III.B of this preamble for each ofthe regulated source categories.

One commenter requested that therule clearly state which sections of theGeneral Provisions apply to chromiumelectroplating sources and which do notapply. To eliminate confusionconcerning the applicability of theGeneral Provisions to this sourcecategory, Table 1 of subpart N listswhich of the General Provisions to part63 apply and which do not apply toaffected sources.

K. Operating Permit ProgramEleven commenters stated that area

sources should not be required to obtaintitle V operating permits because the

costs for area sources to obtain title Vpermits would be overly burdensome,and the emissions from these sourcesmay be insignificant. Three of thesecommenters suggested that the ruleexplicitly state that a permit is requiredonly for applicable emissions units atnonmajor sources. Two commentersasked that a general permit be includedin the final rule to reduce the burden forsmall facilities. Another commenterstated that a title V permit is notnecessary because existing requirementsare enforceable through State and localpermits. This commenter and one othercommenter pointed out that becausearea sources are not likely to be subjectto multiple MACT standards or toemploy emissions averaging andcomplex alternate operating scenarios,title V permits do not benefit the areasources.

Two commenters stated that inpreparing their title V permit programs,States did not anticipate a need foremission-unit specific permits atnonmajor sources, and inclusion ofnonmajor sources under title V willrequire that many local agencies revisetheir permit programs. Two othercommenters stated that States will nothave the resources for completing titleV permits for area sources; some stateshave exempted nonmajor sources fromtheir permitting programs until thenonmajor source permitting rule ispromulgated in the late 1990’s.

The EPA believes that requiring allsources that are subject to the standards,including area sources, to obtain title Voperating permits is important becauseof the toxicity of chromium compoundsand the close proximity of many ofthese sources to residential areas. TheEPA believes that permitting areasources will not be overly burdensometo permitting authorities and affectedsources for the reasons given below.

First, many States are alreadypermitting these sources under theirState permit programs. The preamble tothe final part 70 rule states that ‘‘somenonmajor sources would already bepermitted at the State level, andtherefore would have some experiencewith the permitting process andcompleting permit applications.’’Therefore, a State would have littlereason to defer title V permitting ofsources that already have Stateoperating permits. Second, the burdenmay be reduced significantly by issuinggeneral permits to these sources.According to the preamble to the finalpart 70 rule, general permits ‘‘* * *provide an alternative means forpermitting sources for which theprocedures of the normal permittingprocess would be overly burdensome,

such as area sources under section112* * *’’ Under this option, Stateswould develop a single general permitfor this source category and issue it toindividual sources; or alternatively, aletter or certification may be used. Theburden would also be reduced by usinggeneral permits because publicparticipation and the EPA and affectedState review is only necessary when theinitial general permit is drafted andissued. When subsequent generalpermits are issued to individual sources,these activities are not required. Finally,States are developing small businessassistance programs (SBAP’s) to assistthese types of sources with thepermitting process that will be fundedusing the annual fees collected frompermitted sources. Small businessesmay also be eligible for reducedpermitting fees. Also, the EPA isdeveloping a guidance document,scheduled to be completed by January1995, which will include sample formsfor monitoring, recordkeeping, andreporting requirements, and a simplifiedgeneral operating permit.

Under title V, sources must includeinformation on all emission points(except those considered insignificantunder the State or local permit program)in their permit application. However,only these emission points that aresubject to regulation will be addressedin the permit.

VI. Administrative Requirements

A. Docket

The docket for this rulemaking is A–88–02. The docket is an organized andcomplete file of all the informationsubmitted to or otherwise considered bythe EPA in the development of thisrulemaking. The principal purposes ofthe docket are: (1) To allow interestedparties a means to identify and locatedocuments so that they can effectivelyparticipate in the rulemaking process;and (2) to serve as the record in case ofjudicial review (except for interagencyreview materials) [section 307(d)(7)(A)of the Act]. The docket is available forpublic inspection at the EPA’s Air andRadiation Docket and InformationCenter, the location of which is given inthe ADDRESSES section of this notice.

B. Executive Order 12866

Under Executive Order 12866 [58 FR51735 (October 4, 1993)], the Agencymust determine whether the regulatoryaction is ‘‘significant’’ and thereforesubject to OMB review and therequirements of the Executive Order.The Order defines ‘‘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 loan 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.

Pursuant to the terms of the ExecutiveOrder 12866, the Office of Managementand Budget (OMB) has notified the EPAthat this action is a ‘‘significantregulatory action’’ within the meaningof the Executive Order. For this reason,this action was sent to OMB for review.Changes made in response to OMBsuggestions or recommendations will bedocumented in the public record.

C. Paperwork Reduction ActInformation collection requirements

associated with this rule have beenapproved by OMB under the provisionsof the Paperwork Reduction Act of 1980,44 U.S.C. 3501 et seq., and have beenassigned OMB control number 2060–0327. An Information CollectionRequest (ICR) document has beenprepared by the EPA (ICR No. 1611.02)to reflect the changed informationrequirements of the final rule and hasbeen submitted to OMB for review. Acopy may be obtained from SandyFarmer, Information Policy Branch,EPA, 401 M Street, SW. (2136),Washington, DC 20460, or by calling(202) 260–2740.

The public reporting burden for thiscollection of information is estimated toaverage 34 hours per respondent in thefirst year, 117 hours per respondent inthe second year, and 297 hours perrespondent in the third year. Thisestimate includes the time required forreviewing instructions, searchingexisting data sources, gathering andmaintaining the data needed, andcompleting and reviewing the collectionof information. The burden is greatest inthe second and third years because thisis when performance tests will beconducted. An on-going burden of 104hours per respondent is representativeof the burden following the third year.

Send comments regarding the burdenestimate or any other aspect of thiscollection of information, includingsuggestions for reducing this burden, to

Chief, Information Policy Branch, EPA,401 M Street, SW. (2136), Washington,DC 20460; and to the Office ofInformation and Regulatory Affairs,Office of Management and Budget,Washington, DC 20503, marked‘‘Attention: Desk Officer for EPA.’’

D. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980(5 U.S.C. 601 et seq.) requires that aRegulatory Flexibility Analysis beperformed for all rules that have‘‘significant impact on a substantialnumber of small entities.’’ If apreliminary analysis indicates that aproposed regulation would have asignificant economic impact on 20percent or more of small entities, thena regulatory flexibility analysis must beprepared.

Present Regulatory Flexibility Actguidelines define an economic impactas significant if it meets one of thefollowing criteria:

(1) Compliance increases annualproduction costs by more than 5percent, assuming costs are passed on toconsumers;

(2) Compliance costs as a percentageof sales for small entities are at least 10percent more than compliance costs asa percentage of sales for large entities;

(3) Capital costs of compliancerepresent a ‘‘significant’’ portion ofcapital available to small entities,considering internal cash flow plusexternal financial capabilities; or

(4) Regulatory requirements are likelyto result in closures of small entities.

Using the Small BusinessAdministration’s definition of a smallbusiness for SIC Code 3471 of less than500 employees, it has been determinedthat none of the above criteria aretriggered. In the hard chromiumelectroplating source category, thenumber of small businesses is estimatedto be 1,170. None of the regulatoryalternatives considered willsignificantly impact 20 percent of thisoperation. For example, the estimatednumber of closures is approximated asless than 5 percent. Likewise, thestandards for decorative chromiumelectroplaters and chromium anodizerswould not cause any of the abovecriteria to be triggered.

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 because the number ofsmall business entities that would beaffected is not significant.

E. Miscellaneous

In accordance with section 117 of theAct, publication of this promulgated

rule was preceded by consultation withappropriate advisory committees,independent experts, and Federaldepartments and agencies.

This regulation will be reviewed 8years from the date of promulgation.This review will include an assessmentof such factors as evaluation of theresidual health risks, any overlap withother programs, the existence ofalternative methods, enforceability,improvements in emission controltechnology and health data, and therecordkeeping and reportingrequirements.

List of Subjects in 40 CFR Parts 9 and63

Environmental protection, Airpollution control, Hazardoussubstances, Incorporation by reference,Reporting and recordkeepingrequirements.

Dated: November 22, 1994.Carol M. Browner,Administrator.

For the reasons set out in thepreamble, title 40, Chapter I of the Codeof Federal Regulations is amended as setforth below.

PART 9—[AMENDED]


Authority: 7 U.S.C. 135 et seq., 1235–136y;15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321,1326, 1330, 1344, 1345 (d) and (e), 1361; E.O.11735, 38 FR 21243, 3 CFR, 1971–1975;Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246,300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4,300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 6901–6992k, 7401–7671q, 7542, 9601–9657, 11023, 11048.

2. Section 9.1 is amended by addinga new entry to the table under theindicated heading in numerical order toread as follows:

§ 9.1 OMB approvals under the PaperworkReduction Act.

* * * * *

40 CFR citation OMB con-trol No.

* * * * *National Emission Standards

for Hazardous Air Pollutantsfor Source Categories:

* * * * *63.345–63.347 .......................... 2060–0327

* * * * *


PART 63—[AMENDED]



2. Section 63.14 is amended byadding paragraphs (b) (4) and (5) to readas follows:

§ 63.14 Incorporation by reference.* * * * *

(b) * * *(4) ASTM D 1193–77, Standard

Specification for Reagent Water, IBRapproved for Method 306, section 4.1.1and section 4.4.2, of appendix A to part63.

(5) ASTM D 1331–89, Standard TestMethods for Surface and InterfacialTension of Solutions of Surface ActiveAgents, IBR approved for Method 306B,section 2.2, section 3.1, and section 4.2,of appendix A to part 63.* * * * *

3. By adding a new subpart N to readas follows:

Subpart N—National Emission Standardsfor Chromium Emissions From Hard andDecorative Chromium Electroplating andChromium Anodizing TanksSec.63.340 Applicability and designation of

sources.63.341 Definitions and nomenclature.63.342 Standards.63.343 Compliance provisions.63.344 Performance test requirements and

test methods.63.345 Provisions for new and

reconstructed sources.63.346 Recordkeeping requirements.63.347 Reporting requirements.

Table 1 to Subpart N of Part 63—General Provisions Applicability toSubpart N

Subpart N—National EmissionStandards for Chromium EmissionsFrom Hard and Decorative ChromiumElectroplating and ChromiumAnodizing Tanks

§ 63.340 Applicability and designation ofsources.

(a) The affected source to which theprovisions of this subpart apply is eachchromium electroplating or chromiumanodizing tank at facilities performinghard chromium electroplating,decorative chromium electroplating, orchromium anodizing.

(b) Owners or operators of affectedsources subject to the provisions of thissubpart must also comply with therequirements of subpart A of this part,according to the applicability of subpartA of this part to such sources, asidentified in Table 1 of this subpart.

(c) Process tanks associated with achromium electroplating or chromium

anodizing process, but in which neitherchromium electroplating nor chromiumanodizing is taking place, are not subjectto the provisions of this subpart.Examples of such tanks include, but arenot limited to, rinse tanks, etchingtanks, and cleaning tanks. Likewise,tanks that contain a chromium solution,but in which no electrolytic processoccurs, are not subject to this subpart.An example of such a tank is a chromeconversion coating tank where noelectrical current is applied.

(d) Affected sources in which researchand laboratory operations are performedare exempt from the provisions of thissubpart when such operations are takingplace.

(e) The owner or operator of anaffected source subject to therequirements of this subpart is requiredto obtain a title V permit from thepermitting authority in which theaffected source is located.

§ 63.341 Definitions and nomenclature.

(a) Definitions. Terms used in thissubpart are defined in the Act, insubpart A of this part, or in this section.For the purposes of subpart N of thispart, if the same term is defined insubpart A of this part and in thissection, it shall have the meaning givenin this section.

Add-on air pollution control devicemeans equipment installed in theventilation system of chromiumelectroplating and anodizing tanks forthe purposes of collecting andcontaining chromium emissions fromthe tank(s).

Air pollution control technique meansany method, such as an add-on airpollution control device or a chemicalfume suppressant, that is used to reducechromium emissions from chromiumelectroplating and chromium anodizingtanks.

Base metal means the metal or metalalloy that comprises the workpiece.

Bath component means the trade orbrand name of each component(s) intrivalent chromium plating baths. Fortrivalent chromium baths, the bathcomposition is proprietary in mostcases. Therefore, the trade or brandname for each component(s) can beused; however, the chemical name ofthe wetting agent contained in thatcomponent must be identified.

Chemical fume suppressant meansany chemical agent that reduces orsuppresses fumes or mists at the surfaceof an electroplating or anodizing bath;another term for fume suppressant ismist suppressant.

Chromic acid means the commonname for chromium anhydride (CrO3).

Chromium anodizing means theelectrolytic process by which an oxidelayer is produced on the surface of abase metal for functional purposes (e.g.,corrosion resistance or electricalinsulation) using a chromic acidsolution. In chromium anodizing, thepart to be anodized acts as the anode inthe electrical circuit, and the chromicacid solution, with a concentrationtypically ranging from 50 to 100 gramsper liter (g/L), serves as the electrolyte.

Chromium electroplating orchromium anodizing tank means thereceptacle or container in which hard ordecorative chromium electroplating orchromium anodizing occurs.

Composite mesh-pad system meansan add-on air pollution control devicetypically consisting of several mesh-padstages. The purpose of the first stage isto remove large particles. Smallerparticles are removed in the secondstage, which consists of the compositemesh pad. A final stage may remove anyreentrained particles not collected bythe composite mesh pad.

Decorative chromium electroplatingmeans the process by which a thin layerof chromium (typically 0.003 to 2.5microns) is electrodeposited on a basemetal, plastic, or undercoating toprovide a bright surface with wear andtarnish resistance. In this process, thepart(s) serves as the cathode in theelectrolytic cell and the solution servesas the electrolyte. Typical currentdensity applied during this processranges from 540 to 2,400 Amperes persquare meter (A/m2) for total platingtimes ranging between 0.5 to 5 minutes.

Electroplating or anodizing bathmeans the electrolytic solution used asthe conducting medium in which theflow of current is accompanied bymovement of metal ions for thepurposes of electroplating metal out ofthe solution onto a workpiece or foroxidizing the base material.

Emission limitation means, for thepurposes of this subpart, theconcentration of total chromiumallowed to be emitted expressed inmilligrams per dry standard cubic meter(mg/dscm), or the allowable surfacetension expressed in dynes percentimeter (dynes/cm).

Facility means the major or areasource at which chromiumelectroplating or chromium anodizing isperformed.

Fiber-bed mist eliminator means anadd-on air pollution control device thatremoves contaminants from a gas streamthrough the mechanisms of inertialimpaction and Brownian diffusion.These devices are typically installeddownstream of another control device,which serves to prevent plugging, and


consist of one or more fiber beds. Eachbed consists of a hollow cylinderformed from two concentric screens; thefiber between the screens may befabricated from glass, ceramic plastic, ormetal.

Foam blanket means the type ofchemical fume suppressant thatgenerates a layer of foam across thesurface of a solution when current isapplied to that solution.

Fresh water means water, such as tapwater, that has not been previously usedin a process operation or, if the waterhas been recycled from a processoperation, it has been treated and meetsthe effluent guidelines for chromiumwastewater.

Hard chromium electroplating orindustrial chromium electroplatingmeans a process by which a thick layerof chromium (typically 1.3 to 760microns) is electrodeposited on a basematerial to provide a surface withfunctional properties such as wearresistance, a low coefficient of friction,hardness, and corrosion resistance. Inthis process, the part serves as thecathode in the electrolytic cell and thesolution serves as the electrolyte. Hardchromium electroplating process isperformed at current densities typicallyranging from 1,600 to 6,500 A/m2 fortotal plating times ranging from 20minutes to 36 hours depending uponthe desired plate thickness.

Hexavalent chromium means the formof chromium in a valence state of +6.

Large, hard chromium electroplatingfacility means a facility that performshard chromium electroplating and has amaximum cumulative potential rectifiercapacity greater than or equal to 60million ampere-hours per year (amp-hr/yr).

Maximum cumulative potentialrectifier capacity means the summationof the total installed rectifier capacityassociated with the hard chromiumelectroplating tanks at a facility,expressed in amperes, multiplied by themaximum potential operating scheduleof 8,400 hours per year and 0.7, whichassumes that electrodes are energized 70percent of the total operating time. Themaximum potential operating scheduleis based on operating 24 hours per day,7 days per week, 50 weeks per year.

Operating parameter value means aminimum or maximum valueestablished for a control device orprocess parameter which, if achieved byitself or in combination with one ormore other operating parameter values,determines that an owner or operator isin continual compliance with theapplicable emission limitation orstandard.

Packed-bed scrubber means an add-onair pollution control device consistingof a single or double packed bed thatcontains packing media on which thechromic acid droplets impinge. Thepacked-bed section of the scrubber isfollowed by a mist eliminator to removeany water entrained from the packed-bed section.

Research or laboratory operationmeans an operation whose primarypurpose is for research anddevelopment of new processes andproducts, that is conducted under theclose supervision of technically trainedpersonnel, and that is not involved inthe manufacture of products forcommercial sale in commerce, except ina de minimis manner.

Small, hard chromium electroplatingfacility means a facility that performshard chromium electroplating and has amaximum cumulative potential rectifiercapacity less than 60 million amp-hr/yr.

Stalagmometer means a device usedto measure the surface tension of asolution.

Surface tension means the property,due to molecular forces, that exists inthe surface film of all liquids and tendsto prevent liquid from spreading.

Tank operation means the time inwhich current and/or voltage is beingapplied to a chromium electroplatingtank or a chromium anodizing tank.

Tensiometer means a device used tomeasure the surface tension of asolution.

Trivalent chromium means the formof chromium in a valence state of +3.

Trivalent chromium process meansthe process used for electrodeposition ofa thin layer of chromium onto a basematerial using a trivalent chromiumsolution instead of a chromic acidsolution.

Wetting agent means the type ofchemical fume suppressant that reducesthe surface tension of a liquid.

(b) Nomenclature. The nomenclatureused in this subpart has the followingmeaning:

(1) AMR=the allowable mass emissionrate from each type of affected sourcesubject to the same emission limitationin milligrams per hour (mg/hr).

(2) AMRsys=the allowable massemission rate from affected sourcescontrolled by an add-on air pollutioncontrol device controlling emissionsfrom multiple sources in mg/hr.

(3) EL=the applicable emissionlimitation from § 63.342 in milligramsper dry standard cubic meter (mg/dscm).

(4) IAtotal=the sum of all inlet ductareas from both affected and nonaffectedsources in meters squared.

(5) IDAi=the total inlet area for allducts associated with affected sourcesin meters squared.

(6) IDAi,a=the total inlet duct area forall ducts conveying chromic acid fromeach type of affected source performingthe same operation, or each type ofaffected source subject to the sameemission limitation in meters squared.

(7) VR=the total of ventilation ratesfor each type of affected source subjectto the same emission limitation in drystandard cubic meters per minute(dscm/min).

(8) VRinlet=the total ventilation ratefrom all inlet ducts associated withaffected sources in dscm/min.

(9) VRinlet,a=the total ventilation ratefrom all inlet ducts conveying chromicacid from each type of affected sourceperforming the same operation, or eachtype of affected source subject to thesame emission limitation in dscm/min.

(10) VRtot=the average total ventilationrate for the three test runs as determinedat the outlet by means of the Method306 in appendix A of this part testing indscm/min.

§ 63.342 Standards.(a) Each owner or operator of an

affected source subject to the provisionsof this subpart shall comply with theserequirements on and after thecompliance dates specified in§ 63.343(a). All affected sources areregulated by applying maximumachievable control technology.

(b) Applicability of emission limits.(1) The emission limitations in thissection apply only during tankoperation, and also apply duringperiods of startup and shutdown asthese are routine occurrences foraffected sources subject to this subpart.The emission limitations do not applyduring periods of malfunction, but thework practice standards that addressoperation and maintenance and that arerequired by paragraph (f) of this sectionmust be followed during malfunctions.

(2) If an owner or operator iscontrolling a group of tanks with acommon add-on air pollution controldevice, the emission limitations ofparagraphs (c), (d), and (e) of thissection apply whenever any oneaffected source is operated. Theemission limitation that applies to thegroup of affected sources is:

(i) The emission limitation identifiedin paragraphs (c), (d), and (e) of thissection if the affected sources areperforming the same type of operation(e.g., hard chromium electroplating), aresubject to the same emission limitation,and are not controlled by an add-on airpollution control device also controllingnonaffected sources;


(ii) The emission limitation calculatedaccording to § 63.344(e)(3) if affectedsources are performing the same type ofoperation, are subject to the sameemission limitation, and are controlledwith an add-on air pollution controldevice that is also controllingnonaffected sources; and

(iii) The emission limitationcalculated according to § 63.344(e)(4) ifaffected sources are performing differenttypes of operations, or affected sourcesare performing the same operations butsubject to different emission limitations,and are controlled with an add-on airpollution control device that may alsobe controlling emissions fromnonaffected sources.

(c)(1) Standards for hard chromiumelectroplating tanks. During tankoperation, each owner or operator of anexisting, new, or reconstructed affectedsource shall control chromiumemissions discharged to the atmospherefrom that affected source by notallowing the concentration of totalchromium in the exhaust gas streamdischarged to the atmosphere to exceed:

(i) 0.015 milligrams of total chromiumper dry standard cubic meter (mg/dscm)of ventilation air (6.6×10¥6 grains perdry standard cubic foot [gr/dscf]); or

(ii) 0.03 mg/dscm (1.3×10¥5 gr/dscf) ifthe hard chromium electroplating tankis an existing affected source and islocated at a small, hard chromiumelectroplating facility.

(2)(i) An owner or operator maydemonstrate the size of a hardchromium electroplating facilitythrough the definitions in § 63.341(a).Alternatively, an owner or operator of afacility with a maximum cumulativepotential rectifier capacity of 60 millionamp-hr/yr or more may be consideredsmall if the actual cumulative rectifiercapacity is less than 60 million amp-hr/yr as demonstrated using the followingprocedures:

(A) If records show that the facility’sprevious annual actual rectifier capacitywas less than 60 million amp-hr/yr, byusing nonresettable ampere-hr metersand keeping monthly records of actualampere-hr usage for each 12-monthrolling period following the compliancedate in accordance with § 63.346(b)(12).The actual cumulative rectifier capacityfor the previous 12-month rolling periodshall be tabulated monthly by addingthe capacity for the current month to thecapacities for the previous 11 months;or

(B) By accepting a Federally-enforceable limit on the maximumcumulative potential rectifier capacityof a hard chromium electroplatingfacility through the title V permitrequired by § 63.340(e), and by

maintaining monthly records inaccordance with § 63.346(b)(12) todemonstrate that the limit has not beenexceeded. The actual cumulativerectifier capacity for the previous 12-month rolling period shall be tabulatedmonthly by adding the capacity for thecurrent month to the capacities for theprevious 11 months.

(ii) Once the monthly recordsrequired to be kept by § 63.346(b)(12)and by this paragraph show that theactual cumulative rectifier capacity overthe previous 12-month rolling periodcorresponds to the large designation, theowner or operator is subject to theemission limitation identified inparagraph (c)(1)(i) of this section, inaccordance with the complianceschedule of § 63.343(a)(5).

(d) Standards for decorativechromium electroplating tanks using achromic acid bath and chromiumanodizing tanks. During tank operation,each owner or operator of an existing,new, or reconstructed affected sourceshall control chromium emissionsdischarged to the atmosphere from thataffected source by either:

(1) Not allowing the concentration oftotal chromium in the exhaust gasstream discharged to the atmosphere toexceed 0.01 mg/dscm (4.4×10¥6 gr/dscf); or

(2) If a chemical fume suppressantcontaining a wetting agent is used, bynot allowing the surface tension of theelectroplating or anodizing bathcontained within the affected source toexceed 45 dynes per centimeter (dynes/cm) (3.1×10¥3 pound-force per foot [lbf/ft]) at any time during operation of thetank.

(e) Standards for decorativechromium electroplating tanks using atrivalent chromium bath. (1) Each owneror operator of an existing, new, orreconstructed decorative chromiumelectroplating tank that uses a trivalentchromium bath that incorporates awetting agent as a bath ingredient issubject to the recordkeeping andreporting requirements of§§ 63.346(b)(14) and 63.347(i), but arenot subject to the work practicerequirements of paragraph (f) of thissection, or the continuous compliancemonitoring requirements in § 63.343(c).The wetting agent must be an ingredientin the trivalent chromium bathcomponents purchased from vendors.

(2) Each owner or operator of anexisting, new, or reconstructeddecorative chromium electroplatingtank that uses a trivalent chromium baththat does not incorporate a wettingagent as a bath ingredient is subject tothe standards of paragraph (d) of thissection.

(3) Each owner or operator of existing,new, or reconstructed decorativechromium electroplating tank that hadbeen using a trivalent chromium baththat incorporates a wetting agent andceases using this type of bath mustfulfill the reporting requirements of§ 63.347(i)(3) and comply with theapplicable emission limitation withinthe timeframe specified in§ 63.343(a)(7).

(f) Work practice standards. The workpractice standards of this sectionaddress operation and maintenancepractices. All owners or operatorssubject to the standards in paragraphs(c) and (d) of this section are subject tothese work practice standards.

(1)(i) At all times, including periodsof startup, shutdown, and malfunction,owners or operators shall operate andmaintain any affected source, includingassociated air pollution control devicesand monitoring equipment, in a mannerconsistent with good air pollutioncontrol practices, consistent with theoperation and maintenance planrequired by paragraph (f)(3) of thissection.

(ii) Malfunctions shall be corrected assoon as practicable after theiroccurrence in accordance with theoperation and maintenance planrequired by paragraph (f)(3) of thissection.

(iii) Operation and maintenancerequirements established pursuant tosection 112 of the Act are enforceableindependent of emissions limitations orother requirements in relevantstandards.

(2)(i) Determination of whetheracceptable operation and maintenanceprocedures are being used will be basedon information available to theAdministrator, which may include, butis not limited to, monitoring results;review of the operation andmaintenance plan, procedures, andrecords; and inspection of the source.

(ii) Based on the results of adetermination made under paragraph(f)(2)(i) of this section, theAdministrator may require that anowner or operator of an affected sourcemake changes to the operation andmaintenance plan required by paragraph(f)(3) of this section for that source.Revisions may be required if theAdministrator finds that the plan:

(A) Does not address a malfunctionthat has occurred;

(B) Fails to provide for the operationof the affected source, the air pollutioncontrol techniques, or the controlsystem and process monitoringequipment during a malfunction in amanner consistent with good airpollution control practices; or


(C) Does not provide adequateprocedures for correctingmalfunctioning process equipment, airpollution control techniques, ormonitoring equipment as quickly aspracticable.

(3) Operation and maintenance plan.(i) The owner or operator of an affectedsource subject to the work practices ofparagraph (f) of this section shallprepare an operation and maintenanceplan to be implemented no later thanthe compliance date. The plan shall beincorporated by reference into thesource’s title V permit and shall includethe following elements:

(A) The plan shall specify theoperation and maintenance criteria forthe affected source, the add-on airpollution control device (if such adevice is used to comply with theemission limits), and the process andcontrol system monitoring equipment,and shall include a standardizedchecklist to document the operation andmaintenance of this equipment;

(B) For sources using an add-on airpollution control device or monitoringequipment to comply with this subpart,the plan shall incorporate the workpractice standards for that device ormonitoring equipment, as identified inTable 1 of this section, if the specificequipment used is identified in Table 1of this section;

(C) If the specific equipment used isnot identified in Table 1 of this section,the plan shall incorporate proposedwork practice standards. Theseproposed work practice standards shallbe submitted to the Administrator forapproval as part of the submittalrequired under § 63.343(d);

(D) The plan shall specify proceduresto be followed to ensure that equipmentor process malfunctions due to poormaintenance or other preventableconditions do not occur; and

(E) The plan shall include asystematic procedure for identifying

malfunctions of process equipment,add-on air pollution control devices,and process and control systemmonitoring equipment and forimplementing corrective actions toaddress such malfunctions.

(ii) If the operation and maintenanceplan fails to address or inadequatelyaddresses an event that meets thecharacteristics of a malfunction at thetime the plan is initially developed, theowner or operator shall revise theoperation and maintenance plan within45 days after such an event occurs. Therevised plan shall include proceduresfor operating and maintaining theprocess equipment, add-on air pollutioncontrol device, or monitoring equipmentduring similar malfunction events, anda program for corrective action for suchevents.

(iii) Recordkeeping associated withthe operation and maintenance plan isidentified in § 63.346(b). Reportingassociated with the operation andmaintenance plan is identified in§ 63.347 (g) and (h) and paragraph(f)(3)(iv) of this section.

(iv) If actions taken by the owner oroperator during periods of malfunctionare inconsistent with the proceduresspecified in the operation andmaintenance plan required by paragraph(f)(3)(i) of this section, the owner oroperator shall record the actions takenfor that event and shall report suchactions within 2 working days aftercommencing actions inconsistent withthe plan. This report shall be followedby a letter within 7 working days afterthe end of the event, unless the owneror operator makes alternative reportingarrangements, in advance, with theAdministrator.

(v) The owner or operator shall keepthe written operation and maintenanceplan on record after it is developed tobe made available for inspection, uponrequest, by the Administrator for the lifeof the affected source or until the source

is no longer subject to the provisions ofthis subpart. In addition, if theoperation and maintenance plan isrevised, the owner or operator shallkeep previous (i.e., superseded) versionsof the operation and maintenance planon record to be made available forinspection, upon request, by theAdministrator for a period of 5 yearsafter each revision to the plan.

(vi) To satisfy the requirements ofparagraph (f)(3) of this section, theowner or operator may use applicablestandard operating procedure (SOP)manuals, Occupational Safety andHealth Administration (OSHA) plans, orother existing plans, provided thealternative plans meet the requirementsof this section.

(g) The standards in this section thatapply to chromic acid baths shall not bemet by using a reducing agent to changethe form of chromium from hexavalentto trivalent.

§ 63.343 Compliance provisions.

(a) Compliance dates. (1) The owneror operator of an existing affected sourceshall comply with the emissionlimitations in § 63.342 as follows:

(i) No later than 1 year after January25, 1995, if the affected source is adecorative chromium electroplatingtank; and

(ii) No later than 2 years after January25, 1995, if the affected source is a hardchromium electroplating tank or achromium anodizing tank.

(2) The owner or operator of a new orreconstructed affected source that hasan initial startup after January 25, 1995,shall comply immediately upon startupof the source. The owner or operator ofa new or reconstructed affected sourcethat has an initial startup afterDecember 16, 1993 but before January25, 1995, shall follow the complianceschedule of § 63.6(b) (3) and (4).

TABLE 1 TO § 63.342.—SUMMARY OF WORK PRACTICE STANDARDS


Composite mesh-pad (CMP) sys-tem.

1. Visually inspect device to ensure there is proper drainage, no chronic acidbuildup on the pads, and no evidence of chemical attack on the structural integ-rity of the device.

1. 1/quarter.

2. Visually inspect back portion of the mesh pad closest to the fan to ensure thereis no breakthrough of chromic acid mist.

2. 1/quarter.

3. Visually inspect ductwork from tank to the control device to ensure there are noleaks.

3. 1/quarter.

4. Perform washdown of the composite mesh-pads in accordance with manufac-turers recommendations.


Packed-bed scrubber (PSB) ........ 1. Visually inspect device to ensure there is proper drainage, no chromic acidbuildup on the packed beds, and no evidence of chemical attack on the struc-tural integrity of the device.

1. 1/quarter.

2. Visually inspect back portion of the chevron blade mist eliminator to ensure thatit is dry and there is no breakthrough of chromic acid mist.

2. 1/quarter.

3. Same as number 3 above ..................................................................................... 3. 1/quarter.


TABLE 1 TO § 63.342.—SUMMARY OF WORK PRACTICE STANDARDS—Continued


4. Add fresh makeup water to the top of the packed bed a, b .................................... 4. Whenever makeup isadded.

PBS/CMP system ........................ 1. Same as for CMP system ...................................................................................... 1. 1/quarter.2. Same as for CMP system ...................................................................................... 2. 1/quarter.3. Same as for CMP system ...................................................................................... 3. 1/quarter.4. Same as for CMP system ...................................................................................... 4. Per manufacturer.

Fiber-bed mist eliminator c ........... 1. Visually inspect fiber-bed unit and prefiltering device to ensure there is properdrainage, no chromic acid buildup in the units, and no evidence of chemical at-tack on the structural integrity of the devices.

1. 1/quarter.

2. Visually inspect ductwork from tank or tanks to the control device to ensurethere are no leaks.

2. 1/quarter.

3. Perform washdown of fiber elements in accordance with manufacturers rec-ommendations.


Air pollution control device(APCD) not listed in rule.

To be proposed by the source for approval by the Administrator ............................. To be proposed by thesource for approvalby the Administrator.

Monitoring Equipment

Pitot tube ...................................... Backflush with water, or remove from the duct and rinse with fresh water. Replacein the duct and rotate 180 degrees to ensure that the same zero reading is ob-tained. Check pitot tube ends for damage. Replace pitot tube if cracked or fa-tigued.

1/quarter.

Stalagmometer ............................. Follow manufacturers recommendations ...................................................................

a If greater than 50 percent of the scrubber water is drained (e.g., for maintenance purposes), makeup water may be added to the scrubberbasin.

b For horizontal-flow scrubbers, top is defined as the section of the unit directly above the packing media such that the makeup water wouldflow perpendicular to the air flow through the packing. For vertical-flow units, the top is defined as the area downstream of the packing materialsuch that the makeup water would flow countercurrent to the air flow through the unit.

c Work practice standards for the control device installed upstream of the fiber-bed mist eliminator to prevent plugging do not apply as long asthe work practice standards for the fiber-bed unit are followed.

(3) The owner or operator of anexisting area source that increases actualor potential emissions of hazardous airpollutants such that the area sourcebecomes a major source must complywith the provisions for existing majorsources, including the reportingprovisions of § 63.347(g), immediatelyupon becoming a major source.

(4) The owner or operator of a newarea source (i.e., an area source forwhich construction or reconstructionwas commenced after December 16,1993) that increases actual or potentialemissions of hazardous air pollutantssuch that the area source becomes amajor source must comply with theprovisions for new major sources,immediately upon becoming a majorsource.

(5) An owner or operator of anexisting hard chromium electroplatingtank or tanks located at a small, hardchromium electroplating facility thatincreases its maximum cumulativepotential rectifier capacity, or its actualcumulative rectifier capacity, such thatthe facility becomes a large, hardchromium electroplating facility mustcomply with the requirements of§ 63.342(c)(1)(i) for all hard chromiumelectroplating tanks at the facility nolater than 1 year after the month inwhich monthly records required by

§§ 63.342(c)(2) and 63.346(b)(12) showthat the large designation is met.

(6) Request for an extension ofcompliance. An owner or operator of anaffected source or sources that requestsan extension of compliance shall do soin accordance with this paragraph andthe applicable paragraphs of § 63.6(i).When the owner or operator isrequesting the extension for more thanone affected source located at thefacility, then only one request may besubmitted for all affected sources at thefacility.

(i) The owner or operator of anexisting affected source who is unable tocomply with a relevant standard underthis subpart may request that theAdministrator (or a State, when theState has an approved part 70 permitprogram and the source is required toobtain a part 70 permit under thatprogram, or a State, when the State hasbeen delegated the authority toimplement and enforce the emissionstandard for that source) grant anextension allowing the owner oroperator up to 1 additional year tocomply with the standard for theaffected source. The owner or operatorof an affected source who has requestedan extension of compliance under thisparagraph and is otherwise required toobtain a title V permit for the sourceshall apply for such permit or apply to

have the title V permit revised toincorporate the conditions of theextension of compliance. Theconditions of an extension ofcompliance granted under thisparagraph will be incorporated into theowner or operator’s title V permit for theaffected source(s) according to theprovisions of 40 CFR part 70 or 40 CFRpart 71, whichever is applicable.

(ii) Any request under this paragraphfor an extension of compliance with arelevant standard shall be submitted inwriting to the appropriate authority notlater than 6 months before the affectedsource’s compliance date as specified inthis section.

(7) An owner or operator of adecorative chromium electroplatingtank that uses a trivalent chromium baththat incorporates a wetting agent, andthat ceases using the trivalent chromiumprocess, must comply with the emissionlimitation now applicable to the tankwithin 1 year of switching bathoperation.

(b) Methods to demonstrate initialcompliance. (1) Except as provided inparagraphs (b)(2) and (b)(3) of thissection, an owner or operator of anaffected source subject to therequirements of this subpart is requiredto conduct an initial performance test asrequired under § 63.7, using the


procedures and test methods listed in§ 63.7 and § 63.344.

(2) If the owner or operator of anaffected source meets all of thefollowing criteria, an initialperformance test is not required to beconducted under this subpart:

(i) The affected source is a decorativechromium electroplating tank or achromium anodizing tank; and

(ii) A wetting agent is used in theplating or anodizing bath to inhibitchromium emissions from the affectedsource; and

(iii) The owner or operator complieswith the applicable surface tension limitof § 63.342(d)(2) as demonstratedthrough the continuous compliancemonitoring required by paragraph(c)(5)(ii) of this section.

(3) If the affected source is adecorative chromium electroplatingtank using a trivalent chromium bath,and the owner or operator is subject tothe provisions of § 63.342(e), an initialperformance test is not required to beconducted under this subpart.

(c) Monitoring to demonstratecontinuous compliance. The owner oroperator of an affected source subject tothe emission limitations of this subpartshall conduct monitoring according tothe type of air pollution controltechnique that is used to comply withthe emission limitation. The monitoringrequired to demonstrate continuouscompliance with the emissionlimitations is identified in this sectionfor the air pollution control techniquesexpected to be used by the owners oroperators of affected sources.

(1) Composite mesh-pad systems. (i)During the initial performance test, theowner or operator of an affected source,or a group of affected sources undercommon control, complying with theemission limitations in § 63.342 throughthe use of a composite mesh-pad systemshall determine the outlet chromiumconcentration using the test methodsand procedures in § 63.344(c), and shallestablish as a site-specific operatingparameter the pressure drop across thesystem, setting the value thatcorresponds to compliance with theapplicable emission limitation, usingthe procedures in § 63.344(d)(5). Anowner or operator may conduct multipleperformance tests to establish a range ofcompliant pressure drop values, or mayset as the compliant value the averagepressure drop measured over the threetest runs of one performance test andaccept ±1 inch of water column fromthis value as the compliant range.

(ii) On and after the date on which theinitial performance test is required to becompleted under § 63.7, the owner oroperator of an affected source, or group

of affected sources under commoncontrol, shall monitor and record thepressure drop across the compositemesh-pad system once each day thatany affected source is operating. To bein compliance with the standards, thecomposite mesh-pad system shall beoperated within ±1 inch of watercolumn of the pressure drop valueestablished during the initialperformance test, or shall be operatedwithin the range of compliant values forpressure drop established duringmultiple performance tests.

(2) Packed-bed scrubber systems. (i)During the initial performance test, theowner or operator of an affected source,or group of affected sources undercommon control, complying with theemission limitations in § 63.342 throughthe use of a packed-bed scrubber systemshall determine the outlet chromiumconcentration using the procedures in§ 63.344(c), and shall establish as site-specific operating parameters thepressure drop across the system and thevelocity pressure at the common inlet ofthe control device, setting the value thatcorresponds to compliance with theapplicable emission limitation using theprocedures in § 63.344(d) (4) and (5). Anowner or operator may conduct multipleperformance tests to establish a range ofcompliant operating parameter values.Alternatively, the owner or operatormay set as the compliant value theaverage pressure drop and inlet velocitypressure measured over the three testruns of one performance test, and accept±1 inch of water column from thepressure drop value and ±10 percentfrom the velocity pressure value as thecompliant range.

(ii) On and after the date on which theinitial performance test is required to becompleted under § 63.7, the owner oroperator of an affected source, or groupof affected sources under commoncontrol, shall monitor and record thevelocity pressure at the inlet to thepacked-bed scrubber and the pressuredrop across the scrubber system onceeach day that any affected source isoperating. To be in compliance with thestandards, the scrubber system shall beoperated within ±10 percent of thevelocity pressure value establishedduring the initial performance test, andwithin ±1 inch of water column of thepressure drop value established duringthe initial performance test, or withinthe range of compliant operatingparameter values established duringmultiple performance tests.

(3) Packed-bed scrubber/compositemesh-pad system. The owner oroperator of an affected source, or groupof affected sources under commoncontrol, that uses a packed-bed scrubber

in conjunction with a composite mesh-pad system to meet the emissionlimitations of § 63.342 shall complywith the monitoring requirements forcomposite mesh-pad systems asidentified in paragraph (c)(1) of thissection.

(4) Fiber-bed mist eliminator. (i)During the initial performance test, theowner or operator of an affected source,or group of affected sources undercommon control, complying with theemission limitations in § 63.342 throughthe use of a fiber-bed mist eliminatorshall determine the outlet chromiumconcentration using the procedures in§ 63.344(c), and shall establish as a site-specific operating parameter thepressure drop across the fiber-bed misteliminator and the pressure drop acrossthe control device installed upstream ofthe fiber bed to prevent plugging, settingthe value that corresponds tocompliance with the applicableemission limitation using theprocedures in § 63.344(d)(5). An owneror operator may conduct multipleperformance tests to establish a range ofcompliant pressure drop values, or mayset as the compliant value the averagepressure drop measured over the threetest runs of one performance test andaccept ± 1 inch of water column fromthis value as the compliant range.

(ii) On and after the date on which theinitial performance test is required to becompleted under § 63.7, the owner oroperator of an affected source, or groupof affected sources under commoncontrol, shall monitor and record thepressure drop across the fiber-bed misteliminator, and the control deviceinstalled upstream of the fiber bed toprevent plugging, once each day thatany affected source is operating. To bein compliance with the standards, thefiber-bed mist eliminator and theupstream control device shall beoperated within ± 1 inch of watercolumn of the pressure drop valueestablished during the initialperformance test, or shall be operatedwithin the range of compliant values forpressure drop established duringmultiple performance tests.

(5) Wetting agent-type or combinationwetting agent-type/foam blanket fumesuppressants. (i) During the initialperformance test, the owner or operatorof an affected source complying withthe emission limitations in § 63.342through the use of a wetting agent in theelectroplating or anodizing bath shalldetermine the outlet chromiumconcentration using the procedures in§ 63.344(c). The owner or operator shallestablish as the site-specific operatingparameter the surface tension of thebath using Method 306B, appendix A of


this part, setting the maximum valuethat corresponds to compliance with theapplicable emission limitation. In lieuof establishing the maximum surfacetension during the performance test, theowner or operator may accept 45 dynes/cm as the maximum surface tensionvalue that corresponds to compliancewith the applicable emission limitation.However, the owner or operator isexempt from conducting a performancetest only if the criteria of paragraph(b)(2) of this section are met.

(ii) On and after the date on which theinitial performance test is required to becompleted under § 63.7, the owner oroperator of an affected source shallmonitor the surface tension of theelectroplating or anodizing bath.Operation of the affected source at asurface tension greater than the valueestablished during the performance test,or greater than 45 dynes/cm if the owneror operator is using this value inaccordance with paragraph (c)(5)(i) ofthis section, shall constitutenoncompliance with the standards. Thesurface tension shall be monitoredaccording to the following schedule:

(A) The surface tension shall bemeasured once every 4 hours duringoperation of the tank with astalagmometer or a tensiometer asspecified in Method 306B, appendix Aof this part.

(B) The time between monitoring canbe increased if there have been noexceedances. The surface tension shallbe measured once every 4 hours of tankoperation for the first 40 hours of tankoperation after the compliance date.Once there are no exceedances during40 hours of tank operation, surfacetension measurement may be conductedonce every 8 hours of tank operation.Once there are no exceedances during40 hours of tank operation, surfacetension measurement may be conductedonce every 40 hours of tank operationon an ongoing basis, until anexceedance occurs. The minimumfrequency of monitoring allowed by thissubpart is once every 40 hours of tankoperation.

(C) Once an exceedance occurs asindicated through surface tensionmonitoring, the original monitoringschedule of once every 4 hours must beresumed. A subsequent decrease infrequency shall follow the schedule laidout in paragraph (c)(5)(ii)(B) of thissection. For example, if an owner oroperator had been monitoring anaffected source once every 40 hours andan exceedance occurs, subsequentmonitoring would take place once every4 hours of tank operation. Once anexceedance does not occur for 40 hoursof tank operation, monitoring can occur

once every 8 hours of tank operation.Once an exceedance does not occur for40 hours of tank operation on thisschedule, monitoring can occur onceevery 40 hours of tank operation.

(iii) Once a bath solution is drainedfrom the affected tank and a newsolution added, the original monitoringschedule of once every 4 hours must beresumed, with a decrease in monitoringfrequency allowed following theprocedures of paragraphs (c)(5)(ii) (B)and (C) of this section.

(6) Foam blanket-type fumesuppressants. (i) During the initialperformance test, the owner or operatorof an affected source complying withthe emission limitations in § 63.342through the use of a foam blanket in theelectroplating or anodizing bath shalldetermine the outlet chromiumconcentration using the procedures in§ 63.344(c), and shall establish as thesite-specific operating parameter thethickness of the foam blanket, settingthe minimum thickness thatcorresponds to compliance with theapplicable emission limitation. In lieuof establishing the minimum foamblanket thickness during theperformance test, the owner or operatormay accept 2.54 centimeters (1 inch) asthe minimum foam blanket thicknessthat corresponds to compliance with theapplicable emission limitation. All foamblanket measurements must be taken inclose proximity to the workpiece orcathode area in the plating tank(s).

(ii) On and after the date on which theinitial performance test is required to becompleted under § 63.7, the owner oroperator of an affected source shallmonitor the foam blanket thickness ofthe electroplating or anodizing bath.Operation of the affected source at afoam blanket thickness less than thevalue established during theperformance test, or less than 2.54 cm(1 inch) if the owner or operator is usingthis value in accordance with paragraph(c)(6)(i) of this section, shall constitutenoncompliance with the standards. Thefoam blanket thickness shall bemeasured according to the followingschedule:

(A) The foam blanket thickness shallbe measured once every 1 hour of tankoperation.

(B) The time between monitoring canbe increased if there have been noexceedances. The foam blanketthickness shall be measured once everyhour of tank operation for the first 40hours of tank operation after thecompliance date. Once there are noexceedances for 40 hours of tankoperation, foam blanket thicknessmeasurement may be conducted onceevery 4 hours of tank operation. Once

there are no exceedances during 40hours of tank operation, foam blanketthickness measurement may beconducted once every 8 hours of tankoperation on an ongoing basis, until anexceedance occurs. The minimumfrequency of monitoring allowed by thissubpart is once per 8 hours of tankoperation.

(C) Once an exceedance occurs asindicated through foam blanketthickness monitoring, the originalmonitoring schedule of once every hourmust be resumed. A subsequentdecrease in frequency shall follow theschedule laid out in paragraph(c)(6)(ii)(B) of this section. For example,if an owner or operator had beenmonitoring an affected source onceevery 8 hours and an exceedanceoccurs, subsequent monitoring wouldtake place once every hour of tankoperation. Once an exceedance does notoccur for 40 hours of tank operation,monitoring can occur once every 4hours of tank operation. Once anexceedance does not occur for 40 hoursof tank operation on this schedule,monitoring can occur once every 8hours of tank operation.

(iii) Once a bath solution is drainedfrom the affected tank and a newsolution added, the original monitoringschedule of once every hour must beresumed, with a decrease in monitoringfrequency allowed following theprocedures of paragraphs (c)(6)(ii) (B)and (C) of this section.

(7) Fume suppressant/add-on controldevice. (i) If the owner or operator of anaffected source uses both a fumesuppressant and add-on control deviceand both are needed to comply with theapplicable emission limit, monitoringrequirements as identified in paragraphs(c) (1) through (6) of this section, andthe work practice standards of Table 1of § 63.342, apply for each of the controltechniques used.

(ii) If the owner or operator of anaffected source uses both a fumesuppressant and add-on control device,but only one of these techniques isneeded to comply with the applicableemission limit, monitoring requirementsas identified in paragraphs (c) (1)through (6) of this section, and workpractice standards of Table 1 of§ 63.342, apply only for the controltechnique used to achieve compliance.

(8) Use of an alternative monitoringmethod. (i) Requests and approvals ofalternative monitoring methods shall beconsidered in accordance with§ 63.8(f)(1), (f)(3), (f)(4), and (f)(5).

(ii) After receipt and consideration ofan application for an alternativemonitoring method, the Administratormay approve alternatives to any


monitoring methods or procedures ofthis subpart including, but not limitedto, the following:

(A) Alternative monitoringrequirements when installation or use ofmonitoring devices specified in thissubpart would not provide accuratemeasurements due to interferencescaused by substances within the effluentgases; or

(B) Alternative locations for installingmonitoring devices when the owner oroperator can demonstrate thatinstallation at alternate locations willenable accurate and representativemeasurements.

(d) An owner or operator who uses anair pollution control device not listed inthis section shall submit a description ofthe device, test results collected inaccordance with § 63.344(c) verifyingthe performance of the device forreducing chromium emissions to theatmosphere to the level required by thissubpart, a copy of the operation andmaintenance plan referenced in§ 63.342(f) including proposed workpractice standards, and appropriateoperating parameters that will bemonitored to establish continuouscompliance with the standards. Themonitoring plan submitted identifyingthe continuous compliance monitoringis subject to the Administrator’sapproval.

§ 63.344 Performance test requirementsand test methods.

(a) Performance test requirements.Performance tests shall be conductedusing the test methods and proceduresin this section and § 63.7. Performancetest results shall be documented incomplete test reports that contain theinformation required by paragraphs(a)(1) through (a)(9) of this section. Thetest plan to be followed shall be madeavailable to the Administrator prior tothe testing, if requested.

(1) A brief process description;(2) Sampling location description(s);(3) A description of sampling and

analytical procedures and anymodifications to standard procedures;

(4) Test results;(5) Quality assurance procedures and

results;(6) Records of operating conditions

during the test, preparation ofstandards, and calibration procedures;

(7) Raw data sheets for field samplingand field and laboratory analyses;

(8) Documentation of calculations;and

(9) Any other information required bythe test method.

(b)(1) If the owner or operator of anaffected source conducts performancetesting at startup to obtain an operating

permit in the State in which the affectedsource is located, the results of suchtesting may be used to demonstratecompliance with this subpart if:

(i) The test methods and proceduresidentified in paragraph (c) of thissection were used during theperformance test;

(ii) The performance test wasconducted under representativeoperating conditions for the source;

(iii) The performance test reportcontains the elements required byparagraph (a) of this section; and

(iv) The owner or operator of theaffected source for which theperformance test was conducted hassufficient data to establish the operatingparameter value(s) that correspond tocompliance with the standards, asrequired for continuous compliancemonitoring under § 63.343(c).

(2) The results of tests conductedprior to December 1991 in whichMethod 306A, appendix A of this part,was used to demonstrate theperformance of a control technique arenot acceptable.

(c) Test methods. Each owner oroperator subject to the provisions of thissubpart and required by § 63.343(b) toconduct an initial performance test shalluse the test methods identified in thissection to demonstrate compliance withthe standards in § 63.342.

(1) Method 306 or Method 306A,‘‘Determination of Chromium EmissionsFrom Decorative and Hard ChromiumElectroplating and AnodizingOperations,’’ appendix A of this partshall be used to determine thechromium concentration from hard ordecorative chromium electroplatingtanks or chromium anodizing tanks. Thesampling time and sample volume foreach run of Methods 306 and 306A,appendix A of this part shall be at least120 minutes and 1.70 dscm (60 dscf),respectively. Methods 306 and 306A,appendix A of this part allow themeasurement of either total chromiumor hexavalent chromium emissions. Forthe purposes of this standard, sourcesusing chromic acid baths candemonstrate compliance with theemission limits of § 63.342 bymeasuring either total chromium orhexavalent chromium. Hence, thehexavalent chromium concentrationmeasured by these methods is equal tothe total chromium concentration forthe affected operations.

(2) The California Air ResourcesBoard (CARB) Method 425 (which isavailable by contacting the CaliforniaAir Resources Board, 1102 Q Street,Sacramento, California 95814) may beused to determine the chromiumconcentration from hard and decorative

chromium electroplating tanks andchromium anodizing tanks if thefollowing conditions are met:

(i) If a colorimetric analysis method isused, the sampling time and volumeshall be sufficient to result in 33 to 66micrograms of catch in the samplingtrain.

(ii) If Atomic Absorption GraphiteFurnace (AAGF) or Ion Chromatographywith a Post-column Reactor (ICPCR)analyses were used, the sampling timeand volume should be sufficient toresult in a sample catch that is 5 to 10times the minimum detection limit ofthe analytical method (i.e., 1.0microgram per liter of sample for AAGFand 0.5 microgram per liter of samplefor ICPCR).

(iii) In the case of either paragraph(c)(2) (i) or (ii) of this section, aminimum of 3 separate runs must beconducted. The other requirements of§ 63.7 that apply to affected sources, asindicated in Table 1 of this subpart,must also be met.

(3) Method 306B, ‘‘Surface TensionMeasurement and Recordkeeping forTanks Used at Decorative ChromiumElectroplating and AnodizingFacilities,’’ appendix A of this part shallbe used to measure the surface tensionof electroplating and anodizing baths.

(4) Alternate test methods may also beused if the method has been validatedusing Method 301, appendix A of thispart and if approved by theAdministrator. Procedures forrequesting and obtaining approval arecontained in § 63.7(f).

(d) Establishing site-specific operatingparameter values. (1) Each owner oroperator required to establish site-specific operating parameters shallfollow the procedures in this section.

(2) All monitoring equipment shall beinstalled such that representativemeasurements of emissions or processparameters from the affected source areobtained. For monitoring equipmentpurchased from a vendor, verification ofthe operational status of the monitoringequipment shall include execution ofthe manufacturer’s writtenspecifications or recommendations forinstallation, operation, and calibrationof the system.

(i) Specifications for differentialpressure measurement devices used tomeasure velocity pressure shall be inaccordance with section 2.2 of Method2 (40 CFR part 60, appendix A).

(ii) Specification for differentialpressure measurement devices used tomeasure pressure drop across a controlsystem shall be in accordance withmanufacturer’s accuracy specifications.

(3) The surface tension ofelectroplating and anodizing baths shall


be measured using Method 306B,‘‘Surface Tension Measurement andRecordkeeping for Tanks used atDecorative Chromium Electroplatingand Anodizing Facilities,’’ appendix Aof this part. This method should also befollowed when wetting agent type orcombination wetting agent/foam blankettype fume suppressants are used tocontrol chromium emissions from ahard chromium electroplating tank andsurface tension measurement isconducted to demonstrate continuouscompliance.

(4) The owner or operator of a sourcerequired to measure the velocitypressure at the inlet to an add-on airpollution control device in accordancewith § 63.343(c)(2), shall establish thesite-specific velocity pressure asfollows:

(i) Locate a velocity traverse port in asection of straight duct that connects thehooding on the plating tank or tankswith the control device. The port shallbe located as close to the control systemas possible, and shall be placed aminimum of 2 duct diametersdownstream and 0.5 diameter upstreamof any flow disturbance such as a bend,expansion, or contraction (see Method1, 40 CFR part 60, appendix A). If 2.5diameters of straight duct work does notexist, locate the port 0.8 of the ductdiameter downstream and 0.2 of theduct diameter upstream from any flowdisturbance.

(ii) A 12-point velocity traverse of theduct to the control device shall beconducted along a single axis accordingto Method 2 (40 CFR part 60, appendixA) using an S-type pitot tube;measurement of the barometric pressureand duct temperature at each traversepoint is not required, but is suggested.Mark the S-type pitot tube as specifiedin Method 1 (40 CFR part 60, appendixA) with 12 points. Measure the velocitypressure (∆p) values for the velocitypoints and record. Determine the squareroot of the individual velocity point ∆pvalues and average. The point with thesquare root value that comes closest tothe average square root value is thepoint of average velocity. The ∆p valuemeasured for this point during theperformance test will be used as thereference for future monitoring.

(5) The owner or operator of a sourcerequired to measure the pressure dropacross the add-on air pollution controldevice in accordance with § 63.343(c)(1) through (4) may establish thepressure drop in accordance with thefollowing guidelines:

(i) Pressure taps shall be installed atany of the following locations:

(A) At the inlet and outlet of thecontrol system. The inlet tap should beinstalled in the ductwork just prior tothe control device and thecorresponding outlet pressure tapshould be installed on the outlet side ofthe control device prior to the blower oron the downstream side of the blower;

(B) On each side of the packed bedwithin the control system or on eachside of each mesh pad within thecontrol system; or

(C) On the front side of the first meshpad and back side of the last mesh padwithin the control system.

(ii) Pressure taps shall be sited atlocations that are:

(A) Free from pluggage as possibleand away from any flow disturbancessuch as cyclonic demisters.

(B) Situated such that no airinfiltration at measurement site willoccur that could bias the measurement.

(iii) Pressure taps shall be constructedof either polyethylene, polybutylene, orother nonreactive materials.

(iv) Nonreactive plastic tubing shallbe used to connect the pressure taps tothe device used to measure pressuredrop.

(v) Any of the following pressuregauges can be used to monitor pressuredrop: a magnehelic gauge, an inclinedmanometer, or a ‘‘U’’ tube manometer.

(vi) Prior to connecting any pressurelines to the pressure gauge(s), eachgauge should be zeroed. No calibrationof the pressure gauges is required.

(e) Special compliance provisions formultiple sources controlled by acommon add-on air pollution controldevice.

(1) This section identifies proceduresfor measuring the outlet chromiumconcentration from an add-on airpollution control device that is used tocontrol multiple sources that may ormay not include sources not affected bythis subpart.

(2) When multiple affected sourcesperforming the same type of operation

(e.g., all are performing hard chromiumelectroplating), and subject to the sameemission limitation, are controlled withan add-on air pollution control devicethat is not controlling emissions fromany other type of affected operation orfrom any nonaffected sources, theapplicable emission limitationidentified in § 63.342 must be met at theoutlet of the add-on air pollution controldevice.

(3) When multiple affected sourcesperforming the same type of operationand subject to the same emissionlimitation are controlled with a commonadd-on air pollution control device thatis also controlling emissions fromsources not affected by these standards,the following procedures should befollowed to determine compliance withthe applicable emission limitation in§ 63.342:

(i) Calculate the cross-sectional area ofeach inlet duct (i.e., uptakes from eachhood) including those not affected bythe standard.

(ii) Determine the total sample timeper test run by dividing the total inletarea from all tanks connected to thecontrol system by the total inlet area forall ducts associated with affectedsources, and then multiply this numberby 2 hours. The calculated time is theminimum sample time required per testrun.

(iii) Perform Method 306 testing andcalculate an outlet mass emission rate.

(iv) Determine the total ventilationrate from the affected sources by usingequation 1:

VRIDA

IAVRtot

i

totalinlet× =

∑( )1

where VRtot is the average totalventilation rate in dscm/min for thethree test runs as determined at theoutlet by means of the Method 306testing; IDAi is the total inlet area for allducts associated with affected sources;IAtotal is the sum of all inlet duct areasfrom both affected and nonaffectedsources; and VRinlet is the totalventilation rate from all inlet ductsassociated with affected sources.

(v) Establish the allowable massemission rate of the system (AMRsys) inmilligrams of total chromium per hour(mg/hr) using equation 2:

VR EL utes hours AMRinlet sys× × =∑ 60 2min / ( )

where Σ VRinlet is the total ventilationrate in dscm/min from the affectedsources, and EL is the applicableemission limitation from § 63.342 in

mg/dscm. The allowable mass emissionrate (AMRsys) calculated from equation 2should be equal to or less than the outletthree-run average mass emission rate

determined from Method 306 testing inorder for the source to be in compliancewith the standard.


(4) When multiple affected sourcesperforming different types of operations(e.g., hard chromium electroplating,decorative chromium electroplating, orchromium anodizing) are controlled bya common add-on air pollution controldevice that may or may not also becontrolling emissions from sources notaffected by these standards, or if theaffected sources controlled by thecommon add-on air pollution controldevice perform the same operation butare subject to different emissionlimitations (e.g., because one is a newhard chromium plating tank and one isan existing small, hard chromiumplating tank), the following proceduresshould be followed to determinecompliance with the applicableemission limitation in § 63.342:

(i) Follow the steps outlined inparagraphs (e)(3)(i) through (e)(3)(iii) ofthis section.

(ii) Determine the total ventilationrate for each type of affected sourceusing equation 3:

VRIDA

IAVRtot

i a

totalinlet a×

∑=,

, ( )3

where VRtot is the average totalventilation rate in dscm/min for thethree test runs as determined at theoutlet by means of the Method 306testing; IDAi,a is the total inlet duct areafor all ducts conveying chromic acidfrom each type of affected sourceperforming the same operation, or eachtype of affected source subject to thesame emission limitation; IAtotal is thesum of all duct areas from both affectedand nonaffected sources; and VRinlet,a isthe total ventilation rate from all inletducts conveying chromic acid from eachtype of affected source performing thesame operation, or each type of affectedsource subject to the same emissionlimitation.

(iii) Establish the allowable massemission rate in mg/hr for each type ofaffected source that is controlled by theadd-on air pollution control deviceusing equation 4, 5, 6, or 7 asappropriate:VRhc1 × ELhc1 × 60 minutes/hour =

AMRhc1 (4)VRhc2 × ELhc2 × 60 minutes/hour =

AMRhc2 (5)VRdc × ELdc × 60 minutes/hour = AMRdc

(6)VRca × ELca × 60 minutes/hour = AMRca

(7)where ‘‘hc’’ applies to the total ofventilation rates for all hard chromiumelectroplating tanks subject to the sameemission limitation, ‘‘dc’’ applies to thetotal of ventilation rates for thedecorative chromium electroplating

tanks, ‘‘ca’’ applies to the total ofventilation rates for the chromiumanodizing tanks, and EL is theapplicable emission limitation from§ 63.342 in mg/dscm. There are twoequations for hard chromiumelectroplating tanks because differentemission limitations may apply (e.g., anew tank versus an existing, small tank).

(iv) Establish the allowable massemission rate (AMR) in mg/hr for thesystem using equation 8, including eachtype of affected source as appropriate:AMRhc1 + AMRhc2 + AMRdc + AMRca =

AMRsys (8)The allowable mass emission ratecalculated from equation 8 should beequal to or less than the outlet three-runaverage mass emission rate determinedfrom Method 306 testing in order for thesource to be in compliance with thestandards.

(5) Each owner or operator that usesthe special compliance provisions ofthis paragraph to demonstratecompliance with the emissionlimitations of § 63.342 shall submit themeasurements and calculations tosupport these compliance methods withthe notification of compliance statusrequired by § 63.347(e).

(6) Each owner or operator that usesthe special compliance provisions ofthis section to demonstrate compliancewith the emission limitations of§ 63.342 shall repeat these procedures ifa tank is added or removed from thecontrol system regardless of whetherthat tank is a nonaffected source. If thenew nonaffected tank replaces anexisting nonaffected tank of the samesize and is connected to the controlsystem through the same size inlet ductthen this procedure does not have to berepeated.

§ 63.345 Provisions for new andreconstructed sources.

(a) This section identifies thepreconstruction review requirements fornew and reconstructed affected sourcesthat are subject to, or become subject to,this subpart.

(b) New or reconstructed affectedsources. The owner or operator of a newor reconstructed affected source issubject to § 63.5(a), (b)(1), (b)(5), (b)(6),and (f)(1), as well as the provisions ofthis paragraph.

(1) After January 25, 1995, whether ornot an approved permit program iseffective in the State in which anaffected source is (or would be) located,no person may construct a new affectedsource or reconstruct an affected sourcesubject to this subpart, or reconstruct asource such that it becomes an affectedsource subject to this subpart, withoutsubmitting a notification of construction

or reconstruction to the Administrator.The notification shall contain theinformation identified in paragraphs (b)(2) and (3) of this section, asappropriate.

(2) The notification of construction orreconstruction required underparagraph (b)(1) of this section shallinclude:

(i) The owner or operator’s name,title, and address;

(ii) The address (i.e., physicallocation) or proposed address of theaffected source if different from theowner’s or operator’s;

(iii) A notification of intention toconstruct a new affected source or makeany physical or operational changes toan affected source that may meet or hasbeen determined to meet the criteria fora reconstruction as defined in § 63.2;

(iv) An identification of subpart N ofthis part as the basis for the notification;

(v) The expected commencement andcompletion dates of the construction orreconstruction;

(vi) The anticipated date of (initial)startup of the affected source;

(vii) The type of process operation tobe performed (hard or decorativechromium electroplating, or chromiumanodizing);

(viii) A description of the airpollution control technique to be usedto control emissions from the affectedsource, such as preliminary designdrawings and design capacity if an add-on air pollution control device is used;and

(ix) An estimate of emissions from thesource based on engineeringcalculations and vendor information oncontrol device efficiency, expressed inunits consistent with the emissionlimits of this subpart. Calculations ofemission estimates should be insufficient detail to permit assessment ofthe validity of the calculations.

(3) If a reconstruction is to occur, thenotification required under paragraph(b)(1) of this section shall include thefollowing in addition to the informationrequired in paragraph (b)(2) of thissection:

(i) A brief description of the affectedsource and the components to bereplaced;

(ii) A brief description of the presentand proposed emission controltechnique, including the informationrequired by paragraphs (b)(2) (viii) and(ix) of this section;

(iii) An estimate of the fixed capitalcost of the replacements and ofconstructing a comparable entirely newsource;

(iv) The estimated life of the affectedsource after the replacements; and

(v) A discussion of any economic ortechnical limitations the source may


have in complying with relevantstandards or other requirements afterthe proposed replacements. Thediscussion shall be sufficiently detailedto demonstrate to the Administrator’ssatisfaction that the technical oreconomic limitations affect the source’sability to comply with the relevantstandard and how they do so.

(vi) If in the notification ofreconstruction, the owner or operatordesignates the affected source as areconstructed source and declares thatthere are no economic or technicallimitations to prevent the source fromcomplying with all relevant standards orrequirements, the owner or operatorneed not submit the informationrequired in paragraphs (b)(3) (iii)through (v) of this section.

(4) The owner or operator of a new orreconstructed affected source thatsubmits a notification in accordancewith paragraphs (b) (1) through (3) ofthis section is not subject to approval bythe Administrator. Construction orreconstruction is subject only tonotification and can begin uponsubmission of a complete notification.

(5) Submittal timeframes. AfterJanuary 25, 1995, whether or not anapproved permit program is effective inthe State in which an affected source is(or would be) located, an owner oroperator of a new or reconstructedaffected source shall submit thenotification of construction orreconstruction required by paragraph(b)(1) of this section according to thefollowing schedule:

(i) If construction or reconstructioncommences after January 25, 1995, thenotification shall be submitted as soonas practicable before the construction orreconstruction is planned to commence.

(ii) If the construction orreconstruction had commenced andinitial startup had not occurred beforeJanuary 25, 1995, the notification shallbe submitted as soon as practicablebefore startup but no later than 60 daysafter January 25, 1995.

§ 63.346 Recordkeeping requirements.(a) The owner or operator of each

affected source subject to thesestandards shall fulfill all recordkeepingrequirements outlined in this sectionand in the General Provisions to 40 CFRpart 63, according to the applicability ofsubpart A of this part as identified inTable 1 of this subpart.

(b) The owner or operator of anaffected source subject to the provisionsof this subpart shall maintain thefollowing records for such source:

(1) Inspection records for the add-onair pollution control device, if such adevice is used, and monitoring

equipment, to document that theinspection and maintenance required bythe work practice standards of§ 63.342(f) and Table 1 of § 63.342 havetaken place. The record can take theform of a checklist and should identifythe device inspected, the date ofinspection, a brief description of theworking condition of the device duringthe inspection, and any actions taken tocorrect deficiencies found during theinspection.

(2) Records of all maintenanceperformed on the affected source, theadd-on air pollution control device, andmonitoring equipment;

(3) Records of the occurrence,duration, and cause (if known) of eachmalfunction of process, add-on airpollution control, and monitoringequipment;

(4) Records of actions taken duringperiods of malfunction when suchactions are inconsistent with theoperation and maintenance plan;

(5) Other records, which may take theform of checklists, necessary todemonstrate consistency with theprovisions of the operation andmaintenance plan required by§ 63.342(f)(3);

(6) Test reports documenting resultsof all performance tests;

(7) All measurements as may benecessary to determine the conditions ofperformance tests, includingmeasurements necessary to determinecompliance with the special complianceprocedures of § 63.344(e);

(8) Records of monitoring datarequired by § 63.343(c) that are used todemonstrate compliance with thestandard including the date and timethe data are collected;

(9) The specific identification (i.e., thedate and time of commencement andcompletion) of each period of excessemissions, as indicated by monitoringdata, that occurs during malfunction ofthe process, add-on air pollutioncontrol, or monitoring equipment;

(10) The specific identification (i.e.,the date and time of commencementand completion) of each period ofexcess emissions, as indicated bymonitoring data, that occurs duringperiods other than malfunction of theprocess, add-on air pollution control, ormonitoring equipment;

(11) The total process operating timeof the affected source during thereporting period;

(12) Records of the actual cumulativerectifier capacity of hard chromiumelectroplating tanks at a facilityexpended during each month of thereporting period, and the total capacityexpended to date for a reporting period,if the owner or operator is using the

actual cumulative rectifier capacity todetermine facility size in accordancewith § 63.342(c)(2);

(13) For sources using fumesuppressants to comply with thestandards, records of the date and timethat fume suppressants are added to theelectroplating or anodizing bath;

(14) For sources complying with§ 63.342(e), records of the bathcomponents purchased, with thewetting agent clearly identified as a bathconstituent contained in one of thecomponents;

(15) Any information demonstratingwhether a source is meeting therequirements for a waiver ofrecordkeeping or reportingrequirements, if the source has beengranted a waiver under § 63.10(f); and

(16) All documentation supportingthe notifications and reports required by§ 63.9, § 63.10, and § 63.347.

(c) All records shall be maintained fora period of 5 years in accordance with§ 63.10(b)(1).

§ 63.347 Reporting requirements.(a) The owner or operator of each

affected source subject to thesestandards shall fulfill all reportingrequirements outlined in this sectionand in the General Provisions to 40 CFRpart 63, according to the applicability ofsubpart A as identified in Table 1 of thissubpart. These reports shall be made tothe Administrator at the appropriateaddress as identified in § 63.13 or to thedelegated State authority.

(1) Reports required by subpart A ofthis part and this section may be sent byU.S. mail, fax, or by another courier.

(i) Submittals sent by U.S. mail shallbe postmarked on or before the specifieddate.

(ii) Submittals sent by other methodsshall be received by the Administratoron or before the specified date.

(2) If acceptable to both theAdministrator and the owner oroperator of an affected source, reportsmay be submitted on electronic media.

(b) The reporting requirements of thissection apply to the owner or operatorof an affected source when such sourcebecomes subject to the provisions of thissubpart.

(c) Initial notifications. (1) The owneror operator of an affected source that hasan initial startup before January 25,1995, shall notify the Administrator inwriting that the source is subject to thissubpart. The notification shall besubmitted no later than 180 calendardays after January 25, 1995, and shallcontain the following information:

(i) The name, title, and address of theowner or operator;

(ii) The address (i.e., physicallocation) of each affected source;


(iii) A statement that subpart N of thispart is the basis for this notification;

(iv) Identification of the applicableemission limitation and compliancedate for each affected source;

(v) A brief description of each affectedsource, including the type of processoperation performed;

(vi) For sources performing hardchromium electroplating, the maximumpotential cumulative potential rectifiercapacity;

(vii) For sources performing hardchromium electroplating, a statement ofwhether the affected source(s) is locatedat a small or a large, hard chromiumelectroplating facility and whether thiswill be demonstrated through actual ormaximum potential cumulative rectifiercapacity;

(viii) For sources performing hardchromium electroplating tanks, astatement of whether the owner oroperator of an affected source(s) willlimit the maximum potentialcumulative rectifier capacity inaccordance with § 63.342(c)(2) such thatthe hard chromium electroplatingfacility is considered small; and

(ix) A statement of whether theaffected source is located at a majorsource or an area source as defined in§ 63.2.

(2) The owner or operator of a new orreconstructed affected source that hasan initial startup after January 25, 1995shall submit an initial notification (inaddition to the notification ofconstruction or reconstruction requiredby § 63.345(b) as follows:

(i) A notification of the date whenconstruction or reconstruction wascommenced, shall be submittedsimultaneously with the notification ofconstruction or reconstruction, ifconstruction or reconstruction wascommenced before January 25, 1995;

(ii) A notification of the date whenconstruction or reconstruction wascommenced, shall be submitted no laterthan 30 calendar days after such date, ifconstruction or reconstruction wascommenced after January 25, 1995; and

(iii) A notification of the actual dateof startup of the source shall besubmitted within 30 calendar days aftersuch date.

(d) Notification of performance test.(1) The owner or operator of an affectedsource shall notify the Administrator inwriting of his or her intention toconduct a performance test at least 60calendar days before the test isscheduled to begin to allow theAdministrator to have an observerpresent during the test. Observation ofthe performance test by theAdministrator is optional.

(2) In the event the owner or operatoris unable to conduct the performancetest as scheduled, the provisions of§ 63.7(b)(2) apply.

(e) Notification of compliance status.(1) A notification of compliance statusis required each time that an affectedsource becomes subject to therequirements of this subpart.

(2) Before a title V permit has beenissued to the owner or operator of anaffected source, each time a notificationof compliance status is required underthis part, the owner or operator of anaffected source shall submit to theAdministrator a notification ofcompliance status, signed by theresponsible official (as defined in § 63.2)who shall certify its accuracy, attestingto whether the affected source hascomplied with this subpart. After a titleV permit has been issued to the owneror operator of an affected source, thenotification of compliance status shallbe submitted to the appropriatepermitting authority. The notificationshall list for each affected source:

(i) The applicable emission limitationand the methods that were used todetermine compliance with thislimitation;

(ii) If a performance test is required bythis subpart, the test reportdocumenting the results of theperformance test, which contains theelements required by § 63.344(a),including measurements andcalculations to support the specialcompliance provisions of § 63.344(e) ifthese are being followed;

(iii) The type and quantity ofhazardous air pollutants emitted by thesource reported in mg/dscm or mg/hr ifthe source is using the specialprovisions of § 63.344(e) to comply withthe standards. (If the owner or operatoris subject to the construction andreconstruction provisions of § 63.345and had previously submitted emissionestimates, the owner or operator shallstate that this report corrects or verifiesthe previous estimate.) For sources notrequired to conduct a performance testin accordance with § 63.343(b), thesurface tension measurement may fulfillthis requirement;

(iv) For each monitored parameter forwhich a compliant value is to beestablished under § 63.343(c), thespecific operating parameter value, orrange of values, that corresponds tocompliance with the applicableemission limit;

(v) The methods that will be used todetermine continuous compliance,including a description of monitoringand reporting requirements, if methodsdiffer from those identified in thissubpart;

(vi) A description of the air pollutioncontrol technique for each emissionpoint;

(vii) A statement that the owner oroperator has completed and has on filethe operation and maintenance plan asrequired by the work practice standardsin § 63.342(f);

(viii) If the owner or operator isdetermining facility size based on actualcumulative rectifier capacity inaccordance with § 63.342(c)(2), recordsto support that the facility is small. Forexisting sources, records from any 12-month period preceding the compliancedate shall be used or a description ofhow operations will change to meet asmall designation shall be provided. Fornew sources, records of projectedrectifier capacity for the first 12-monthperiod of tank operation shall be used;

(ix) A statement by the owner oroperator of the affected source as towhether the source has complied withthe provisions of this subpart.

(3) For sources required to conduct aperformance test by § 63.343(b), thenotification of compliance status shallbe submitted to the Administrator nolater than 90 calendar days followingcompletion of the compliancedemonstration required by § 63.7 and§ 63.343(b).

(4) For sources that are not requiredto complete a performance test inaccordance with § 63.343(b), thenotification of compliance status shallbe submitted to the Administrator nolater than 30 days after the compliancedate specified in § 63.343(a).

(f) Reports of performance test results.(1) Before a title V permit has beenissued to the owner or operator of anaffected source, the owner or operatorshall report to the Administrator theresults of any performance testconducted as required by § 63.7 or§ 63.343(b). After a title V permit hasbeen issued to the owner or operator ofan affected source, the owner oroperator should report performance testresults to the appropriate permittingauthority.

(2) Reports of performance test resultsshall be submitted no later than 90 daysfollowing the completion of theperformance test, and shall be submittedas part of the notification of compliancestatus required by paragraph (e) of thissection.

(g) Ongoing compliance status reportsfor major sources. (1) The owner oroperator of an affected source that islocated at a major source site shallsubmit a summary report to theAdministrator to document the ongoingcompliance status of the affected source.The report shall contain the informationidentified in paragraph (g)(3) of this


section, and shall be submittedsemiannually except when:

(i) The Administrator determines on acase-by-case basis that more frequentreporting is necessary to accuratelyassess the compliance status of thesource; or

(ii) The monitoring data collected bythe owner or operator of the affectedsource in accordance with § 63.343(c)show that the emission limit has beenexceeded, in which case quarterlyreports shall be submitted. Once anowner or operator of an affected sourcereports an exceedance, ongoingcompliance status reports shall besubmitted quarterly until a request toreduce reporting frequency underparagraph (g)(2) of this section isapproved.

(2) Request to reduce frequency ofongoing compliance status reports. (i)An owner or operator who is requiredto submit ongoing compliance statusreports on a quarterly (or more frequentbasis) may reduce the frequency ofreporting to semiannual if all of thefollowing conditions are met:

(A) For 1 full year (e.g., 4 quarterly or12 monthly reporting periods), theongoing compliance status reportsdemonstrate that the affected source isin compliance with the relevantemission limit;

(B) The owner or operator continuesto comply with all applicablerecordkeeping and monitoringrequirements of subpart A of this partand this subpart; and

(C) The Administrator does not objectto a reduced reporting frequency for theaffected source, as provided inparagraphs (g)(2) (ii) and (iii) of thissection.

(ii) The frequency of submittingongoing compliance status reports maybe reduced only after the owner oroperator notifies the Administrator inwriting of his or her intention to makesuch a change, and the Administratordoes not object to the intended change.In deciding whether to approve areduced reporting frequency, theAdministrator may review informationconcerning the source’s entire previousperformance history during the 5-yearrecordkeeping period prior to theintended change, or the recordkeepingperiod since the source’s compliancedate, whichever is shorter. Recordssubject to review may includeperformance test results, monitoringdata, and evaluations of an owner oroperator’s conformance with emissionlimitations and work practice standards.Such information may be used by theAdministrator to make a judgment aboutthe source’s potential fornoncompliance in the future. If the

Administrator disapproves the owner oroperator’s request to reduce reportingfrequency, the Administrator will notifythe owner or operator in writing within45 days after receiving notice of theowner or operator’s intention. Thenotification from the Administrator tothe owner or operator will specify thegrounds on which the disapproval isbased. In the absence of a notice ofdisapproval within 45 days, approval isautomatically granted.

(iii) As soon as the monitoring datarequired by § 63.343(c) show that thesource is not in compliance with therelevant emission limit, the frequency ofreporting shall revert to quarterly, andthe owner shall state this exceedance inthe ongoing compliance status report forthe next reporting period. Afterdemonstrating ongoing compliance withthe relevant emission limit for anotherfull year, the owner or operator mayagain request approval from theAdministrator to reduce the reportingfrequency as allowed by paragraph (g)(2)of this section.

(3) Contents of ongoing compliancestatus reports. The owner or operator ofan affected source for which compliancemonitoring is required in accordancewith § 63.343(c) shall prepare asummary report to document theongoing compliance status of the source.The report must contain the followinginformation:

(i) The company name and address ofthe affected source;

(ii) An identification of the operatingparameter that is monitored forcompliance determination, as requiredby § 63.343(c);

(iii) The relevant emission limitationfor the affected source, and theoperating parameter value, or range ofvalues, that correspond to compliancewith this emission limitation asspecified in the notification ofcompliance status required byparagraph (e) of this section;

(iv) The beginning and ending datesof the reporting period;

(v) A description of the type ofprocess performed in the affectedsource;

(vi) The total operating time of theaffected source during the reportingperiod;

(vii) If the affected source is a hardchromium electroplating tank and theowner or operator is limiting themaximum cumulative rectifier capacityin accordance with § 63.342(c)(2), theactual cumulative rectifier capacityexpended during the reporting period,on a month-by-month basis;

(viii) A summary of operatingparameter values, including the totalduration of excess emissions during the

reporting period as indicated by thosevalues, the total duration of excessemissions expressed as a percent of thetotal source operating time during thatreporting period, and a breakdown ofthe total duration of excess emissionsduring the reporting period into thosethat are due to process upsets, controlequipment malfunctions, other knowncauses, and unknown causes;

(ix) A certification by a responsibleofficial, as defined in § 63.2, that thework practice standards in § 63.342(f)were followed in accordance with theoperation and maintenance plan for thesource;

(x) If the operation and maintenanceplan required by § 63.342(f)(3) was notfollowed, an explanation of the reasonsfor not following the provisions, anassessment of whether any excessemission and/or parameter monitoringexceedances are believed to haveoccurred, and a copy of the report(s)required by § 63.342(f)(3)(iv)documenting that the operation andmaintenance plan was not followed;

(xi) A description of any changes inmonitoring, processes, or controls sincethe last reporting period;

(xii) The name, title, and signature ofthe responsible official who is certifyingthe accuracy of the report; and

(xiii) The date of the report.(4) When more than one monitoring

device is used to comply with thecontinuous compliance monitoringrequired by § 63.343(c), the owner oroperator shall report the results asrequired for each monitoring device.However, when one monitoring deviceis used as a backup for the primarymonitoring device, the owner oroperator shall only report the resultsfrom the monitoring device used to meetthe monitoring requirements of thissubpart. If both devices are used to meetthese requirements, then the owner oroperator shall report the results fromeach monitoring device for the relevantcompliance period.

(h) Ongoing compliance status reportsfor area sources. The requirements ofthis paragraph do not alleviate affectedarea sources from complying with therequirements of State or Federaloperating permit programs under 40CFR part 71.

(1) The owner or operator of anaffected source that is located at an areasource site shall prepare a summaryreport to document the ongoingcompliance status of the affected source.The report shall contain the informationidentified in paragraph (g)(3) of thissection, shall be completed annuallyand retained on site, and made availableto the Administrator upon request. Thereport shall be completed annually


except as provided in paragraph (h)(2)of this section.

(2) Reports of exceedances. (i) If bothof the following conditions are met,semiannual reports shall be preparedand submitted to the Administrator:

(A) The total duration of excessemissions (as indicated by themonitoring data collected by the owneror operator of the affected source inaccordance with § 63.343(c)) is 1percent or greater of the total operatingtime for the reporting period; and

(B) The total duration of malfunctionsof the add-on air pollution controldevice and monitoring equipment is 5percent or greater of the total operatingtime.

(ii) Once an owner or operator of anaffected source reports an exceedance asdefined in paragraph (h)(2)(i) of thissection, ongoing compliance statusreports shall be submitted semiannuallyuntil a request to reduce reportingfrequency under paragraph (h)(3) of thissection is approved.

(iii) The Administrator may determineon a case-by-case basis that thesummary report shall be completedmore frequently and submitted, or thatthe annual report shall be submittedinstead of being retained on site, if thesemeasures are necessary to accuratelyassess the compliance status of thesource.

(3) Request to reduce frequency ofongoing compliance status reports. (i)An owner or operator who is requiredto submit ongoing compliance statusreports on a semiannual (or morefrequent) basis, or is required to submitits annual report instead of retaining iton site, may reduce the frequency ofreporting to annual and/or be allowed tomaintain the annual report onsite if allof the following conditions are met:

(A) For 1 full year (e.g., 2 semiannualor 4 quarterly reporting periods), theongoing compliance status reportsdemonstrate that the affected source isin compliance with the relevantemission limit;

(B) The owner or operator continuesto comply with all applicablerecordkeeping and monitoring

requirements of subpart A of this partand this subpart; and

(C) The Administrator does not objectto a reduced reporting frequency for theaffected source, as provided inparagraphs (h)(3) (ii) and (iii) of thissection.

(ii) The frequency of submittingongoing compliance status reports maybe reduced only after the owner oroperator notifies the Administrator inwriting of his or her intention to makesuch a change, and the Administratordoes not object to the intended change.In deciding whether to approve areduced reporting frequency, theAdministrator may review informationconcerning the source’s previousperformance history during the 5-yearrecordkeeping period prior to theintended change, or the recordkeepingperiod since the source’s compliancedate, whichever is shorter. Recordssubject to review may includeperformance test results, monitoringdata, and evaluations of an owner oroperator’s conformance with emissionlimitations and work practice standards.Such information may be used by theAdministrator to make a judgementabout the source’s potential fornoncompliance in the future. If theAdministrator disapproves the owner oroperator’s request to reduce reportingfrequency, the Administrator will notifythe owner or operator in writing within45 days after receiving notice of theowner or operator’s intention. Thenotification from the Administrator tothe owner or operator will specify thegrounds on which the disapproval isbased. In the absence of a notice ofdisapproval within 45 days, approval isautomatically granted.

(iii) As soon as the monitoring datarequired by § 63.343(c) show that thesource is not in compliance with therelevant emission limit, the frequency ofreporting shall revert to semiannual,and the owner shall state thisexceedance in the ongoing compliancestatus report for the next reportingperiod. After demonstrating ongoingcompliance with the relevant emissionlimit for another full year, the owner or

operator may again request approvalfrom the Administrator to reduce thereporting frequency as allowed byparagraph (h)(3) of this section.

(i) Reports associated with trivalentchromium baths. The requirements ofthis paragraph do not alleviate affectedsources from complying with therequirements of State or Federaloperating permit programs under title V.Owners or operators complying with theprovisions of § 63.342(e) are not subjectto paragraphs (a) through (h) of thissection, but must instead submit thefollowing reports:

(1) Within 180 days after January 25,1995, submit an initial notification thatincludes:

(i) The same information as isrequired by paragraphs (c)(1) (i) through(v) of this section; and

(ii) A statement that a trivalentchromium process that incorporates awetting agent will be used to complywith § 63.342(e); and

(iii) The list of bath components thatcomprise the trivalent chromium bath,with the wetting agent clearlyidentified; and

(2) Within 30 days of the compliancedate specified in § 63.343(a), anotification of compliance status thatcontains an update of the informationsubmitted in accordance with paragraph(i)(1) of this section or a statement thatthe information is still accurate; and

(3) Within 30 days of a change to thetrivalent chromium electroplatingprocess, a report that includes:

(i) A description of the manner inwhich the process has been changedand the emission limitation, if any, nowapplicable to the affected source;

(ii) If a different emission limitationapplies, the applicable informationrequired by paragraph (c)(1) of thissection; and

(iii) The notification and reportingrequirements of paragraphs (d), (e), (f),(g), and (h) of this section, which shallbe submitted in accordance with theschedules identified in thoseparagraphs.

TABLE 1 TO SUBPART N OF PART 63.—GENERAL PROVISIONS APPLICABILITY TO SUBPART N

General provisionsreference

Applies tosubpart N Comment

63.1(a)(1) ............................. Yes .............. Additional terms defined in § 63.341; when overlap between subparts A and N occurs, subpart Ntakes precedence.

63.1(a)(2) ............................. Yes63.1(a)(3) ............................. Yes63.1(a)(4) ............................. Yes .............. Subpart N clarifies the applicability of each paragraph in subpart A to sources subject to subpart

N.63.1(a)(6) ............................. Yes63.1(a)(7) ............................. Yes63.1(a)(8) ............................. Yes


TABLE 1 TO SUBPART N OF PART 63.—GENERAL PROVISIONS APPLICABILITY TO SUBPART N—Continued



63.1(a)(10) ........................... Yes63.1(a)(11) ........................... Yes .............. § 63.347(a) of subpart N also allows report submissions via fax and on electronic media.63.1(a)(12)–(14) .................. Yes63.1(b)(1) ............................. No ................ § 63.340 of subpart N specifies applicability.63.1(b)(2) ............................. Yes63.1(b)(3) ............................. No ................ This provision in subpart A is being deleted. Also, all affected area and major sources are subject

to subpart N; there are no exemptions.63.1(c)(1) ............................. Yes .............. Subpart N clarifies the applicability of each paragraph in subpart A to sources subject to subpart

N.63.1(c)(2) ............................. Yes .............. Subpart N specifies permit requirements for area sources.63.1(c)(4) ............................. Yes63.1(c)(5) ............................. No ................ Subpart N clarifies that an area source that becomes a major source is subject to the require-

ments for major sources.63.1(e) ................................. Yes63.2 ..................................... Yes .............. Additional terms defined in § 63.341; when overlap between subparts A and N occurs, subpart N

takes precedence.63.3 ..................................... Yes .............. Other units used in subpart N are defined in that subpart.63.4 ..................................... Yes63.5(a) ................................. Yes .............. Except replace the term ‘‘source’’ and ‘‘stationary source’’ in § 63.5(a)(1) and (2) of subpart A with

‘‘affected resources.’’63.5(b)(1) ............................. Yes63.5(b)(3) ............................. Yes .............. Applies only to major affected sources.63.5(b)(4) ............................. No ................ Subpart N (§ 63.345) specifies requirements for the notification of construction or reconstruction

for affected sources that are not major.63.5(b)(5) ............................. Yes63.5(b)(6) ............................. Yes63.5(d)(1)(i) ......................... No ................ § 63.345(c)(5) of subpart N specifies when the application or notification shall be submitted.63.5(d)(1)(ii) ......................... Yes .............. Applies to major affected sources that are new or reconstructed.63.5(d)(1)(iii) ........................ Yes .............. Except information should be submitted with the Notification of Compliance Status required by

§ 63.347(e) of subpart N.63.5(d)(2) ............................. Yes .............. Applies to major affected sources that are new or reconstructed except: (1) replace ‘‘source’’ in

§ 63.5(d)(2) of subpart A with ‘‘affected source’’; and (2) actual control efficiencies are submittedwith the Notification of Compliance Status required by § 63.347(e).

63.5(d)(3)–(4) ...................... Yes .............. Applies to major affected sources that are new or reconstructed.63.5(e) ................................. Yes .............. Applies to major affected sources that are new or reconstructed.63.5(f)(1) .............................. Yes .............. Except replace ‘‘source’’ in § 63.5(f)(1) of subpart A with ‘‘affected source.’’63.5(f)(2) .............................. No ................ New or reconstructed affected sources shall submit the request for approval of construction or re-

construction under § 63.5(f) of subpart A by the deadline specified in § 63.345(c)(5) of subpartN.

63.6(a) ................................. Yes63.6(b)(1)–(2) ...................... Yes .............. Except replace ‘‘source’’ in § 63.6(b)(1)–(2) of part A with ‘‘affected source.’’63.6(b)(3)–(4) ...................... Yes63.6(b)(5) ............................. Yes .............. Except replace ‘‘source’’ in § 63.6(b)(5) of subpart A with ‘‘affected source.’’63.6(b)(7) ............................. No ................ Provisions for new area sources that become major sources are contained in § 63.343(a)(4) of

subpart N.63.6(c)(1)–(2) ...................... Yes .............. Except replace ‘‘source’’ in § 63.6(c)(1)–(2) of subpart A with ‘‘affected source.’’63.6(c)(5) ............................. No ................ Compliance provisions for existing area sources that become major sources are contained in

§ 63.343(a)(3) of subpart N.63.6(e) ................................. No ................ § 63.342(f) of subpart N contains work practice standards (operation and maintenance require-

ments) that override these provisions.63.6(f)(1) .............................. No ................ § 63.342(b) of subpart N specifies when the standards apply.63.6(f)(2)(i)–(ii) .................... Yes63.6(f)(2)(iii) ......................... No ................ § 63.344(b) of subpart N specifies instances in which previous performance test results for exist-

ing sources are acceptable.63.6(f)(2)(iv) ......................... Yes63.6(f)(2)(v) ......................... Yes63.6(f)(3) .............................. Yes63.6(g) ................................. Yes63.6(h) ................................. No ................ Subpart N does not contain any opacity or visible emission standards.63.6(i)(1) .............................. Yes63.6(i)(2) .............................. Yes .............. Except replace ‘‘source’’ in § 63.6(i)(2)(i) and (ii) of subpart A with ‘‘affected source.’’63.6(i)(3) .............................. Yes63.6(i)(4)(i) ........................... No ................ § 63.343(a)(6) of subpart N specifies the procedures for obtaining an extension of compliance and

the date by which such requests must be submitted.63.6(i)(4)(ii) .......................... Yes63.6(i)(5) .............................. Yes63.6(i)(6)(i) ........................... Yes .............. This paragraph only references ‘‘paragraph (i)(4) of this section’’ for compliance extension provi-

sions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance ex-tension.

63.6(i)(6)(ii) .......................... Yes63.6(i)(7) .............................. Yes





63.6(i)(8) .............................. Yes .............. This paragraph only references ‘‘paragraphs (i)(4) through (i)(6) of this section’’ for compliance ex-tension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting acompliance extension.

63.6(i)(9) .............................. Yes .............. This paragraph only references ‘‘paragraphs (i)(4) through (i)(6) of this section’’ and ‘‘paragraphs(i)(4) and (i)(5) of this section’’ for compliance extension provisions. But, § 63.343(a)(6) of sub-part N also contains provisions for requesting a compliance extension.

63.6(i)(10)(i)–(iv) .................. Yes63.6(i)(10)(v)(A) ................... Yes .............. This paragraph only references ‘’paragraph (i)(4)’’ for compliance extension provisions. But,

§ 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension.63.6(i)(10)(v)(B) ................... Yes63.6(i)(11) ............................ Yes63.6(i)(12)(i) ......................... Yes .............. This paragraph only references ‘‘paragraph (i)(4)(i) or (i)(5) of this section’’ for compliance exten-

sion provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a com-pliance extension.

63.6(i)(12)(ii)–(iii) ................. Yes63.6(i)(13) ............................ Yes63.6(i)(14) ............................ Yes63.6(i)(16) ............................ Yes63.6(j) .................................. Yes63.7(a)(1) ............................. Yes63.7(a)(2)(i)–(vi) .................. Yes63.7(a)(2)(ix) ........................ Yes63.7(a)(3) ............................. Yes63.7(b)(1) ............................. No ................ § 63.347(d) of subpart N requires notification prior to the performance test. § 63.344(a) of subpart

N requires submission of a site-specific test plan upon request.63.7(b)(2) ............................. Yes63.7(c) ................................. No ................ § 63.344(a) of subpart N specifies what the test plan should contain, but does not require test plan

approval or performance audit samples.63.7(d) ................................. Yes .............. Except replace ‘‘source’’ in the first sentence of § 63.7(d) of subpart A with ‘‘affected source.’’63.7(e) ................................. Yes .............. Subpart N also contains test methods specific to affected sources covered by that subpart.63.7(f) .................................. Yes .............. § 63.344(c)(2) of subpart N identifies CARB Method 425 as acceptable under certain conditions.63.7(g)(1) ............................. No ................ Subpart N identifies the items to be reported in the compliance test [§ 63.344(a)] and the time-

frame for submitting the results [§ 63.347(f)].63.7(g)(3) ............................. Yes63.7(h)(1)–(2) ...................... Yes63.7(h)(3)(i) ......................... Yes .............. This paragraph only references ‘‘§ 63.6(i)’’ for compliance extension provisions. But, § 63.343(a)(6)

of subpart N also contains provisions for requesting a compliance extension.63.7(h)(3)(ii)–(iii) .................. Yes63.7(h)(4)–(5) ...................... Yes63.8(a)(1) ............................. Yes63.8(a)(2) ............................. No ................ Work practice standards are contained in § 63.342(f) of subpart N.63.8(a)(4) ............................. No63.8(b)(1) ............................. Yes63.8(b)(2) ............................. No ................ § 63.344(d) of subpart N specifies the monitoring location when there are multiple sources.63.8(b)(3) ............................. No ................ § 63.347(g)(4) of subpart N identifies reporting requirements when multiple monitors are used.63.8(c)(1)(i) .......................... No ................ Subpart N requires proper maintenance of monitoring devices expected to be used by sources

subject to subpart N.63.8(c)(1)(ii) ......................... No ................ § 63.342(f)(3)(iv) of subpart N specifies reporting when the O&M plan is not followed.63.8(c)(1)(iii) ........................ No ................ § 63.343(f)(2) identifies the criteria for whether O&M procedures are acceptable.63.8(c)(2)–(3) ...................... No ................ § 63.344(d)(2) requires appropriate use of monitoring devices.63.8(c)(4)–(7) ...................... No63.8(d) ................................. No ................ Maintenance of monitoring devices is required by §§ 63.342(f) and 63.344(d)(2) of subpart N.63.8(e) ................................. No ................ There are no performance evaluation procedures for the monitoring devices expected to be used

to comply with subpart N.63.8(f)(1) .............................. Yes63.8(f)(2) .............................. No ................ Instances in which the Administrator may approve alternatives to the monitoring methods and pro-

cedures of subpart N are contained in § 63.343(c)(8) of subpart N.63.8(f)(3) .............................. Yes63.8(f)(4) .............................. Yes63.8(f)(5) .............................. Yes63.8(f)(6) .............................. No ................ Subpart N does not require the use of CEM’s.63.8(g) ................................. No ................ Monitoring data does not need to be reduced for reporting purposes because subpart N requires

measurement once/day.63.9(a) ................................. Yes63.9(b)(1)(i)–(ii) ................... No ................ § 63.343(a)(3) of subpart N requires area sources to comply with major source provisions if an in-

crease in HAP emissions causes them to become major sources.63.9(b)(1)(iii) ........................ No ................ § 63.347(c)(2) of subpart N specifies initial notification requirements for new or reconstructed af-

fected sources.63.9(b)(2) ............................. No ................ § 63.347(c)(1) of subpart N specifies the information to be contained in the initial notification.63.9(b)(3) ............................. No ................ § 63.347(c)(2) of subpart N specifies notification requirements for new or reconstructed sources

that are not major affected sources.





63.9(b)(4) ............................. No63.9(b)(5) ............................. No63.9(c) ................................. Yes .............. This paragraph only references ‘‘§ 63.6(i)(4) through § 63.6(i)(6)’’ for compliance extension provi-

sions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance ex-tension. Subpart N provides a different timeframe for submitting the request than § 63.6(i)(4).

63.9(d) ................................. Yes .............. This paragraph only references ‘‘the notification dates established in paragraph (g) of this sec-tion.’’ But, § 63.347 of subpart N also contains notification dates.

63.9(e) ................................. No ................ Notification of performance test is required by § 63.347(d) of subpart N.63.9(f) .................................. No63.9(g) ................................. No ................ Subpart N does not require a performance evaluation or relative accuracy test for monitoring de-

vices.63.9(h)(1)–(3) ...................... No ................ § 63.347(e) of subpart N specifies information to be contained in the notification of compliance

status and the timeframe for submitting this information.63.9(h)(5) ............................. No ................ Similar language has been incorporated into § 63.347(e)(2)(iii) of subpart N.63.9(h)(6) ............................. Yes63.9(i) .................................. Yes63.9(j) .................................. Yes63.10(a) ............................... Yes63.10(b)(1) ........................... Yes63.10(b)(2) ........................... No ................ § 63.346(b) of subpart N specifies the records that must be maintained.63.10(b)(3) ........................... No ................ Subpart N applies to major and area sources.63.10(c) ............................... No ................ Applicable requirements of § 63.10(c) have been incorporated into § 63.346(b) of subpart N.63.10(d)(1) ........................... Yes63.10(d)(2) ........................... No ................ § 63.347(f) of subpart N specifies the timeframe for reporting performance test results.63.10(d)(3) ........................... No ................ Subpart N does not contain opacity or visible emissions standards.63.10(d)(4) ........................... Yes63.10(d)(5) ........................... No ................ § 63.342(f)(3)(iv) and § 63.347(g)(3) of subpart N specify reporting associated with malfunctions.63.10(e) ............................... No ................ § 63.347(g) and (h) of subpart N specify the frequency of periodic reports of monitoring data used

to establish compliance. Applicable requirements of § 63.10(e) have been incorporated into§ 63.347(g) and (h).

63.10(f) ................................ Yes63.11 ................................... No ................ Flares will not be used to comply with the emmission limits.63.12–63.15 ........................ Yes

3. Appendix A to part 63 is amendedby adding Methods 306 and 306a innumerical order to read as follows:

Appendix A to part 63—Test Methods

* * * * *

Method 306—Determination of ChromiumEmissions From Decorative and HardChromium Electroplating and AnodizingOperations

1. Applicability and Principle

1.1 Applicability. This method applies tothe determination of chromium (Cr) inemissions from decorative and hard chromeelectroplating facilities and anodizingoperations.

1.2 Principle. (a) A sample is extractedisokinetically from the source using anunheated Method 5 sampling train (40 CFRpart 60, appendix A), with a glass nozzle andprobe liner, but with the filter omitted. TheCr emissions are collected in an alkalinesolution: 0.1 N sodium hydroxide (NaOH) or0.1 N sodium bicarbonate (NaHCO3). Thecollected samples remain in the alkalinesolution until analysis. Samples with high Crconcentrations may be analyzed usinginductively coupled plasma emissionspectrometry (ICP) at 267.72 nm.Alternatively, if improved detection limitsare required, a portion of the alkalineimpinger solution is digested with nitric acidand analyzed by graphite furnace atomic

absorption spectroscopy (GFAAS) at 357.9nm.

(b) If it is desirable to determine hexavalentchromium (Cr∂6) emissions, the samples maybe analyzed using an ion chromatographequipped with a post-column reactor (IC/PCR) and a visible wavelength detector. Toincrease sensitivity for trace levels of Cr∂6,a preconcentration system can be used inconjunction with the IC/PCR.

2. Range, Sensitivity, Precision, andInterferences

2.1 Range. The recommended analyticalrange for each of the three analyticaltechniques is given below. The upper limitof all three techniques can be extendedindefinitely by appropriate dilution.

2.1.1 GFAAS Range. As reported inMethod 7191 of SW–846 (Citation 5 inBibliography), the optimum concentrationrange for GFAAS is 5 to 100 µg Cr/l ofconcentrated analyte.

2.1.2 ICP Range. A linear response curvefor ICP can be obtained in the range of 10 toat least 500 µg Cr/l of absorbing solution.

2.1.3 IC/PCR Range. In 40 CFR part 266,appendix IX, the lower limit of the detectionrange for IC/PCR when employing apreconcentration procedure is reported to beabout 0.1 µg Cr∂6/l of absorbing solution.

2.2 Sensitivity.2.2.1 Analytical Sensitivity.2.2.1.1 ICP Analytical Sensitivity. The

minimum detection limit for ICP, as reportedin Method 6010A of SW–846, is 7 µg Cr/l.

2.2.1.2 GFAAS Analytical Sensitivity.The minimum detection limit for GFAAS, asreported in Method 7191 of SW–846, is 1 µgCr/l.

2.2.1.3 IC/PCR Analytical Sensitivity. Theminimum detection limit for IC/PCR with apreconcentrator, as reported in 40 CFR part266, appendix IX is 0.05 µg Cr∂6/l.

2.2.2 In-stack Sensitivity. The in-stacksensitivity depends upon the analyticaldetection limit, the volume of stack gassampled, and the total volume of theimpinger absorbing solution plus the rinses.Using the analytical detection limits given insections 2.2.1.1, 2.2.1.2, and 2.2.1.3; a stackgas sample volume of 1.7 dscm; and a totalliquid sample volume of 500 ml; thecorresponding in-stack detection limits are0.0021 mg Cr/dscm for ICP, 0.00015 mg Cr/dscm for GFAAS, and 0.000015 mg Cr∂6/dscm for IC/PCR with preconcentration.However, it is recommended that theconcentration of Cr in the analyticalsolutions be at least five times the analyticaldetection limit to optimize sensitivity in theanalyses. Using this guideline and the sameassumptions for impinger sample volumeand stack gas sample volume (500 ml and 1.7dscm, respectively), the recommendedminimum stack concentrations for optimumsensitivity are 0.0103 mg Cr/dscm for ICP,0.00074 mg Cr/dscm for GFAAS, and0.000074 mg Cr∂6/dscm for IC/PCR withpreconcentration. If required, the in-stackdetection limits can be improved by eitherincreasing the stack gas sample volume,


reducing the volume of the digested samplefor GFAAS, improving the analyticaldetection limits, or any combination of thethree.

2.3 Precision. The following precisiondata have been reported for the threeanalytical methods. In the case of the GFAASthere is also bias data. In all cases, whensampling precision is combined withanalytical precision, the resulting overallprecision may be lower.

2.3.1 GFAAS Precision. As reported inMethod 7191 of SW–846, in a singlelaboratory (EMSL), using Cincinnati, Ohiotap water spiked at concentrations of 19, 48,and 77 µg Cr/l, the standard deviations were±0.1, ±0.2, and ±0.8, respectively. Recoveriesat these levels were 97 percent, 101 percent,and 102 percent, respectively.

2.3.2 ICP Precision. As reported inMethod 6010A of SW–846, in an EPA round-robin Phase 1 study, seven laboratoriesapplied the ICP technique to acid/distilledwater matrices that had been spiked withvarious metal concentrates. For true values of10, 50, and 150 µg Cr/l; the mean reportedvalues were 10, 50, and 149 µg Cr/l; and themean percent relative standard deviationswere 18, 3.3, and 3.8 percent, respectively.

2.3.3 IC/PCR Precision. As reported in 40CFR part 266, appendix IX, the precision ofthe IC/PCR with sample preconcentration is5 to 10 percent; the overall precision forsewage sludge incinerators emitting 120 ng/dscm of Cr∂6 and 3.5 µg/dscm of total Cr is25 percent and 9 percent for Cr∂6 and totalCr, respectively; and for hazardous wasteincinerators emitting 300 ng/dscm of Cr∂6

the precision is 20 percent.2.4 Interferences.2.4.1 GFAAS Interferences. Low

concentrations of calcium and/or phosphatemay cause interferences; at concentrationsabove 200 µg/l, calcium’s effect is constantand eliminates the effect of phosphate.Calcium nitrate is therefore added to theconcentrated analyte to ensure a knownconstant effect. Other matrix modifiersrecommended by the instrumentmanufacturer may also be suitable. Nitrogenshould not be used as the purge gas due tocyanide band interference. Backgroundcorrection may be required because ofpossible significant levels of nonspecificabsorption and scattering at the 357.9 nmanalytical wavelength. Zeeman or Smith-Hieftje background correction isrecommended to correct for interferences dueto high levels of dissolved solids in thealkaline impinger solutions.

2.4.2 ICP Interferences.2.4.2.1 ICP Spectral Interferences. (a)

Spectral interferences are caused by:(1) Overlap of a spectral line from another

element;(2) Unresolved overlap of molecular band

spectra;(3) Background contribution from

continuous or recombination phenomena;and

(4) Stray light from the line emission ofhigh-concentration elements.

(b) Spectral overlap may be compensatedfor by computer correcting the raw data aftermonitoring and measuring the interferingelement. At the 267.72-nm Cr analyticalwavelength, iron, manganese, and uraniumare potential interfering elements.Background and stray light interferences canusually be compensated for by a backgroundcorrection adjacent to the analytical line.Unresolved overlap requires the selection ofan alternative Cr wavelength. Consult theinstrument manufacturer’s operation manualfor interference correction procedures.

2.4.2.2 ICP Physical Interferences. Highlevels of dissolved solids in the samples maycause significant inaccuracies due to saltbuildup at the nebulizer and torch tips. Thisproblem can be controlled by diluting thesample or providing for extended rinse timesbetween sample analyses. Standards areprepared in the same matrix as the samples(i.e., 0.1 N NaOH or 0.1 N NaHCO3).

2.4.2.3 ICP Chemical Interferences. Theseinclude molecular compound formation,ionization effects and solute vaporizationeffects, and are usually not significant in ICP,especially if the standards and samples arematrix matched.

2.4.3 IC/PCR Interferences. Componentsin the sample matrix may cause Cr∂6 toconvert to trivalent chromium (Cr∂3) orcause Cr∂3 to convert to Cr∂6. Thechromatographic separation of Cr∂6 usingion chromatography reduces the potential forother metals to interfere with the post-column reaction. For the IC/PCR analysis,only compounds that coelute with Cr∂6 andaffect the diphenylcarbazide reaction willcause interference. Periodic analyses ofreagent water blanks are used to demonstratethat the analytical system is essentially freeof contamination. Sample cross-contamination that can occur when high-level and low-level samples or standards areanalyzed alternately is eliminated bythorough purging of the sample loop. Purgingcan easily be achieved by increasing theinjection volume of the samples to ten timesthe size of the sample loop.

3. Apparatus3.1 Sampling Train. A schematic of the

sampling train used in this method is shownin Figure 306-1. The train is the same asMethod 5, section 2.1 (40 CFR part 60,appendix A), except that the filter is omitted,and quartz or borosilicate glass must be usedfor the probe nozzle and liner in place ofstainless steel. It is not necessary to heat theprobe liner. Probe fittings of plastic such asTeflon, polypropylene, etc. are recommendedover metal fittings to prevent contamination.If desired, a single combined probe nozzleand liner may be used, but such a single glasspiece is not a requirement of thismethodology. Use 0.1 N NaOH or 0.1 NNaHCO3 in the impingers in place of water.

3.2 Sample Recovery. Same as Method 5,section 2.2 (40 CFR part 60, appendix A),with the following exceptions:

3.2.1 Probe-Liner and Probe-NozzleBrushes. Brushes are not necessary forsample recovery. If a probe brush is used, itmust be nonmetallic.

3.2.2 Sample Recovery Solution. Use 0.1N NaOH or 0.1 N NaHCO3, whichever wasused as the impinger absorbing solution, inplace of acetone to recover the sample.

3.2.3 Sample Storage Containers.Polyethylene, with leak-free screw cap, 500ml or 1,000 ml.

3.2.4 Filtration Apparatus for IC/PCR.Teflon, or equivalent, filter holder and 0.45µm acetate, or equivalent, filter.

3.3 Analysis. For analysis, the followingequipment is needed.

3.3.1 General.3.3.1.1 Phillips Beakers. (Phillips beakers

are preferred, but regular beakers can also beused.)

3.3.1.2 Hot Plate.3.3.1.3 Volumetric Flasks. Class A,

various sizes as appropriate.3.3.1.4 Assorted Pipettes.3.3.2 Analysis by GFAAS.3.3.2.1 Chromium Hollow Cathode Lamp

or Electrodeless Discharge Lamp.3.3.2.2 Graphite Furnace Atomic

Absorption Spectrophotometer.

3.3.3 Analysis by ICP.

3.3.3.1 ICP Spectrometer. Computer-controlled emission spectrometer withbackground correction and radio frequencygenerator.

3.3.3.2 Argon Gas Supply. Welding gradeor better.

3.3.4 Analysis by IC/PCR.3.3.4.1 IC/PCR System. High performance

liquid chromatograph pump, sampleinjection valve, post-column reagent deliveryand mixing system, and a visible detector,capable of operating at 520 nm, all with anonmetallic (or inert) flow path. Anelectronic peak area mode is recommended,but other recording devices and integrationtechniques are acceptable provided therepeatability criteria and the linearity criteriafor the calibration curve described in section6.4.1 can be satisfied. A sample loadingsystem will be required if preconcentration isemployed.

3.3.4.2 Analytical Column. A highperformance ion chromatograph (HPIC)nonmetallic column with anion separationcharacteristics and a high loading capacitydesigned for separation of metal chelatingcompounds to prevent metal interference.Resolution described in section 5.5 must beobtained. A nonmetallic guard column withthe same ion-exchange material isrecommended.

3.3.4.3 Preconcentration Column. AnHPIC nonmetallic column with acceptableanion retention characteristics and sampleloading rates as described in section 5.5.



BILLING CODE 6560–50–C


3.3.4.4 0.45-µm Filter Cartridge. For theremoval of insoluble material. To be used justprior to sample injection/analysis.

4. Reagents

Unless otherwise indicated, all reagentsshall conform to the specificationsestablished by the Committee on AnalyticalReagents of the American Chemical Society(ACS reagent grade). Where suchspecifications are not available, use the bestavailable grade.

4.1 Sampling.4.1.1 Water. Reagent water that conforms

to ASTM Specification D1193-77, Type II(incorporated by reference—see § 63.14). It isrecommended that water blanks be checkedprior to preparing sampling reagents toensure that the Cr content is less than theanalytical detection limit.

4.1.2 Sodium Hydroxide (NaOH)Absorbing Solution, 0.1 N or SodiumBicarbonate (NaHCO3) Absorbing Solution,0.1 N. Dissolve 4.0 g of sodium hydroxide in1 l of water, or dissolve 8.5 g of sodiumbicarbonate in 1 l of water.

4.2 Sample Recovery.4.2.1 0.1 N NaOH or 0.1 N NaHCO3. See

section 4.1.2. Use the same solution forrecovery as was used in the impingers.

4.2.2 pH Indicator Strip, for IC/PCR. pHindicator capable of determining the pH ofsolutions between the pH range of 7 and 12,at 0.5 pH intervals.

4.3 Sample Preparation and Analysis.4.3.1 Nitric Acid (HNO3), Concentrated,

for GFAAS. Trace metals grade or betterHNO3 must be used for reagent preparation.The ACS reagent grade HNO3 is acceptablefor cleaning glassware.

4.3.2 HNO3, 1.0 percent (v/v), for GFAAS.Add, with stirring, 10 ml of concentratedHNO3 to 800 ml of water. Dilute to 1,000 mlwith water. This reagent shall contain lessthan 0.001 mg Cr/l.

4.3.3 Calcium Nitrate Ca(NO3)2 Solution(10 µg Ca/ml) for GFAAS. Prepare thesolution by weighing 36 mg of Ca(NO3)2 intoa 1 l volumetric flask. Dilute with water to1 l.

4.3.4 Matrix Modifier, for GFAAS. Seeinstrument manufacturer’s manual forsuggested matrix modifier.

4.3.5 Chromatographic Eluent, for IC/PCR. The eluent used in the analyticalsystem is ammonium sulfate based. Prepareby adding 6.5 ml of 29 percent ammoniumhydroxide (NH4OH) and 33 g of ammoniumsulfate ((NH4)2SO4) to 500 ml of reagentwater. Dilute to 1 l with reagent water andmix well. Other combinations of eluents and/or columns may be employed provided peakresolution, as described in section 5.5,repeatability and linearity, as described insection 6.4.1, and analytical sensitivity areacceptable.

4.3.6 Post-Column Reagent, for IC/PCR.An effective post-column reagent for use withthe chromatographic eluent described insection 4.3.5 is a diphenylcarbazide (DPC)based system. Dissolve 0.5 g of 1,5-diphenylcarbazide in 100 ml of ACS grademethanol. Add 500 ml of reagent water

containing 50 ml of 96 percentspectrophotometric grade sulfuric acid.Dilute to 1 l with reagent water.

4.3.7 Chromium Standard Stock Solution(1,000 mg/l). Procure a certified aqueousstandard or dissolve 2.829 g of potassiumdichromate (K2Cr2O7,) in water and dilute to1 l.

4.3.8 Calibration Standards for GFAAS.Chromium solutions for GFAAS calibrationshall be prepared to contain 1.0 percent (v/v) HNO3. The zero standard shall be 1.0percent (v/v) HNO3. Calibration standardsshould be prepared daily by diluting the Crstandard stock solution (section 4.3.7) with1.0 percent HNO3. Use at least four standardsto make the calibration curve. Suggestedlevels are 0, 5, 50, and 100 µg Cr/l.

4.3.9 Calibration Standards for ICP or IC/PCR. Prepare calibration standards for ICP orIC/PCR by diluting the Cr standard stocksolution (section 4.3.7) with 0.1 N NaOH or0.1 N NaHCO3, whichever was used as theimpinger absorbing solution, to achieve amatrix similar to the actual field samples.Suggested levels are 0, 25, 50, and 100 µg Cr/l for ICP, and 0, 0.5, 5, and 10 µg Cr∂6/l forIC/PCR.

4.4 Glassware Cleaning Reagents.4.4.1 HNO3, Concentrated. The ACS

reagent grade or equivalent.4.4.2 Water. Reagent water that conforms

to ASTM Specification D1193–77, Type II,(incorporated by reference—see § 63.14).

4.4.3 HNO3, 10 percent (v/v). Add withstirring 500 ml of concentrated HNO3 to aflask containing approximately 4,000 ml ofwater. Dilute to 5,000 ml with water. Mixwell. The reagent shall contain less than 2 µgCr/l.

5. Procedure5.1 Sampling. (a) Same as Method 5,

section 4.1 (40 CFR part 60, appendix A),except omit the filter and filter holder fromthe sampling train, use a glass nozzle andprobe liner, do not heat the probe, place 100ml of 0.1 N NaOH or 0.1 N NaHCO3 in eachof the first two impingers, and record thedata for each run on a data sheet such as theone shown in Figure 306–2.

(b) Clean all glassware prior to sampling inhot soapy water designed for laboratorycleaning of glassware. Next, rinse theglassware three times with tap water,followed by three additional rinses withreagent water. Then soak all glassware in 10percent (v/v) HNO3 solution for a minimumof 4 hours, rinse three times with reagentwater, and allowed to air dry. Cover allglassware openings where contamination canoccur with Parafilm, or equivalent, until thesampling train is assembled for sampling.

(c) If the sample is going to be analyzed forCr∂6 using IC/PCR, determine the pH of thesolution in the first impinger at the end of thesampling run using a pH indicator strip. ThepH of the solution should be greater than 8.5.If not, the concentration of the NaOH orNaHCO3 impinger absorbing solution shouldbe increased to 0.5 N and the sample shouldbe rerun.

5.2 Sample Recovery. Follow the basicprocedures of Method 5, section 4.2, with the

exceptions noted below; a filter is notrecovered from this train.

5.2.1 Container No. 1. Measure thevolume of the liquid in the first, second, andthird impingers and quantitatively transferinto a labelled sample container. Useapproximately 200 to 300 ml of 0.1 N NaOHor 0.1 N NaHCO3 to rinse the probe nozzle,probe liner, three impingers, and connectingglassware; add this rinse to the samecontainer.

5.2.2 Container No. 2 (Reagent Blank).Place approximately 500 ml of 0.1 N NaOHor 0.1 N NaHCO3 absorbing solution in alabeled sample container.

5.2.3 Sample Filtration for IC/PCR. If thesample is to be analyzed for Cr∂6 by IC/PCR,it must be filtered immediately followingrecovery to remove any insoluble matter.Nitrogen gas may be used as a pressure assistto the filtration process. Filter the entirecontents of Container No. 1 through a 0.45-µm acetate filter (or equivalent), and collectthe filtrate in a 1,000 ml graduated cylinder.Rinse the sample container with reagentwater three separate times, pass these rinsesthrough the filter, and add the rinses to thesample filtrate. Determine the final volume ofthe filtrate and rinses and return them to therinsed polyethylene sample container.

5.2.4 Sample Preservation. Refrigeratesamples upon receipt. (Containers Nos. 1 and2).

5.3 Sample Preparation and Analysis forGFAAS. For analysis by GFAAS, an aciddigestion of the alkaline impinger solution isrequired. Two types of blanks are requiredfor the analysis. The calibration blank is usedin establishing the analytical curve, and thereagent blank is used to assess possiblecontamination resulting from the sampleprocessing. The 1.0 percent HNO3 is thecalibration blank. The 0.1 N NaOH solutionor the 0.1 N NaHCO3 from section 5.2.2 is thereagent blank. The reagent blank must becarried through the complete analyticalprocedure, including the acid digestion, andmust contain the same acid concentration inthe final solution as the sample solutions.

5.3.1 Acid Digestion for GFAAS. (a) In abeaker, add 10 ml of concentrated HNO3 toa sample aliquot of 100 ml taken for analysis.Cover the beaker with a watch glass. Placethe beaker on a hot plate and reflux thesample down to near dryness. Add another5 ml of concentrated HNO3 to complete thedigestion. Carefully reflux the sample volumedown to near dryness. Wash down the beakerwalls and watch glass with reagent water.The final concentration of HNO3 in thesolution should be 1 percent (v/v). Transferthe digested sample to a 50 ml volumetricflask. Add 0.5 ml of concentrated HNO3, and1 ml of the 10 µg/ml of Ca (NO3)2.

(b) Dilute to 50 ml with reagent water. Adifferent final volume may be used, based onthe expected Cr concentration, but the HNO3

concentration must be maintained at 1percent (v/v).



5.3.2 Sample Analysis by GFAAS. (a) The357.9-nm wavelength line shall be used.Follow the manufacturer’s operatinginstructions for all other spectrophotometerparameters.

(b) Furnace parameters suggested by themanufacturer should be employed asguidelines. Since temperature-sensingmechanisms and temperature controllers canvary between instruments and/or with time,the validity of the furnace parameters mustbe periodically confirmed by systematicallyaltering the furnace parameters whileanalyzing a standard. In this manner, lossesof analyte due to higher-than-necessarytemperature settings or losses in sensitivitydue to less than optimum settings can beminimized. Similar verification of furnaceparameters may be required for complexsample matrices. Calibrate the GFAASsystem following the procedures specified insection 6.

(c) Inject a measured aliquot of digestedsample into the furnace and atomize. If theconcentration found exceeds the calibrationrange, the sample should be diluted with thecalibration blank solution (1.0 percent HNO3)and reanalyzed. Consult the operator’smanual for suggested injection volumes. Theuse of multiple injections can improveaccuracy and help detect furnace pipettingerrors.

(d) Analyze a minimum of one matrix-matched reagent blank per sample batch todetermine if contamination or any memoryeffects are occurring. Analyze a calibrationblank and a midpoint calibration checkstandard after approximately every 10 sampleinjections.

(e) Calculate the Cr concentrations:(1) By the method of standard additions

(see operator’s manual),(2) From the calibration curve, or(3) Directly from the instrument’s

concentration readout. All dilution orconcentration factors must be taken intoaccount. All results should be reported in µgCr/ml with up to three significant figures.

5.4 Sample Analysis by ICP. (a) The ICPmeasurement is performed directly on thealkaline impinger solution; acid digestion isnot necessary provided the samples andstandards are matrix matched. However, ICPshould only be used when the solutionanalyzed has a Cr concentration greater than35 µg/l.

(b) Two types of blanks are required for theanalysis. The calibration blank is used inestablishing the analytical curve, and thereagent blank is used to assess possiblecontamination resulting from sampleprocessing. Use either 0.1 N NaOH or 0.1 NNaHCO3, whichever was used for theimpinger absorbing solution, for thecalibration blank. The calibration blank canbe prepared fresh in the laboratory; it doesnot have to be from the same batch ofsolution that was used in the field. Preparea sufficient quantity to flush the systembetween standards and samples. The reagentblank (section 5.2.2) is a sample of theimpinger solution used for sample collectionthat is collected in the field during the testingprogram.

(c) Set up the instrument with properoperating parameters including wavelength,

background correction settings (if necessary),and interfering element correction settings (ifnecessary). The instrument must be allowedto become thermally stable before beginningperformance of measurements (usuallyrequiring at least 30 min of operation priorto calibration). During this warmup period,the optical calibration and torch positionoptimization may be performed (consult theoperator’s manual).

(d) Calibrate the instrument according tothe instrument manufacturer’s recommendedprocedures, and the procedures specified insection 6.3. Before analyzing the samples,reanalyze the highest calibration standard asif it were a sample. Concentration valuesobtained should not deviate from the actualvalues by more than 5 percent, or theestablished control limits, whichever is lower(see sections 6 and 7). If they do, follow therecommendations of the instrumentmanufacturer to correct for this condition.

(e) Flush the system with the calibrationblank solution for at least 1 min before theanalysis of each sample or standard. Analyzethe midpoint calibration standard and thecalibration blank after each 10 samples. Usethe average intensity of multiple exposuresfor both standardization and sample analysisto reduce random error.

(f) Dilute and reanalyze samples that aremore concentrated than the linear calibrationlimit or use an alternate, less sensitive Crwavelength for which quality control data arealready established.

(g) If dilutions are performed, theappropriate factors must be applied tosample values. All results should be reportedin µg Cr/ml with up to three significantfigures.

5.5 Sample Analyses by IC/PCR. (a) TheCr∂6 content of the sample filtrate isdetermined by IC/PCR. To increasesensitivity for trace levels of chromium, apreconcentration system is also used inconjunction with the IC/PCR.

(b) Prior to preconcentration and/oranalysis, filter all field samples through a0.45-µm filter. This filtration should beconducted just prior to sample injection/analysis.

(c) The preconcentration is accomplishedby selectively retaining the analyte on a solidabsorbent (as described in section 3.4.3.3),followed by removal of the analyte from theabsorbent. Inject the sample into a sampleloop of the desired size (use repeatedloadings or a larger size loop for greatersensitivity). The Cr∂6 is collected on theresin bed of the column. Switch the injectionvalve so that the eluent displaces theconcentrated Cr∂6 sample, moving it off thepreconcentration column and onto the ICanion separation column. After separationfrom other sample components, the Cr∂6

forms a specific complex in the post-columnreactor with the DPC reaction solution, andthe complex is detected by visible absorbanceat a wavelength of 520 nm. The amount ofabsorbance measured is proportional to theconcentration of the Cr∂6 complex formed.Compare the IC retention time and theabsorbance of the Cr∂6 complex with knownCr∂6 standards analyzed under identicalconditions to provide both qualitative andquantitative analyses.

(d) Two types of blanks are required for theanalysis. The calibration blank is used inestablishing the analytical curve, and thereagent blank is used to assess possiblecontamination resulting from sampleprocessing. Use either 0.1 N NaOH or 0.1 NNaHCO3, whichever was used for theimpinger solution, for the calibration blank.The calibration blank can be prepared freshin the laboratory; it does not have to be fromthe same batch of solution that was used inthe field. The reagent blank (section 5.2.2) isa sample of the impinger solution used forsample collection that is collected in the fieldduring the testing program.

(e) Prior to sample analysis, establish astable baseline with the detector set at therequired attenuation by setting the eluentflow rate at approximately 1 ml/min and thepost-column reagent flow rate atapproximately 0.5 ml/min. Note: As long asthe ratio of eluent flow rate to PCR flow rateremains constant, the standard curve shouldremain linear. Inject a sample of reagentwater to ensure that no Cr∂6 appears in thewater blank.

(f) First, inject the calibration standardsprepared, as described in section 4.3.9 tocover the appropriate concentration range,starting with the lowest standard first. Next,inject, in duplicate, the calibration referencestandard (as described in section 7.3.1),followed by the reagent blank (section 5.2.2),and the field samples. Finally, repeat theinjection of the calibration standards toassess instrument drift. Measure areas orheights of the Cr∂6/DPC complexchromatogram peaks. The response forreplicate, consecutive injections of samplesmust be within 5 percent of the averageresponse, or the injection should be repeateduntil the 5 percent criterion can be met. Usethe average response (peak areas or heights)from the duplicate injections of calibrationstandards to generate a linear calibrationcurve. From the calibration curve, determinethe concentrations of the field samplesemploying the average response from theduplicate injections.

6. Calibration

6.1 Sampling Train Calibration. Performall of the calibrations described in Method 5,section 5 (40 CFR part 60, appendix A). Thealternate calibration procedures described insection 7 of Method 5 (40 CFR part 60,appendix A) may also be used.

6.2 GFAAS Calibration. Either run aseries of chromium standards and acalibration blank and construct a calibrationcurve by plotting the concentrations of thestandards against the absorbencies, or usingthe method of standard additions, plot addedconcentration versus absorbance. Forinstruments that read directly inconcentration, set the curve corrector to readout the proper concentration, if applicable.This is customarily performed automaticallywith most instrument computer-based datasystems.

6.2.1 GFAAS Calibration Curve. If acalibration curve is used, it should beprepared daily with a minimum of acalibration blank and three standards.Calibration standards for total chromiumshould start with 1 percent v/v HNO3 with


no chromium for the calibration blank, withappropriate increases in total chromiumconcentration for the other calibrationstandards (see section 4.3.9.). Calibrationstandards should be prepared fresh daily.

6.3 ICP Calibration. Calibrate theinstrument according to the instrumentmanufacturer’s recommended procedures,using a calibration blank and three standardsfor the initial calibration. Calibrationstandards should be prepared fresh daily, asdescribed in section 4.3.9. Be sure thatsamples and calibration standards are matrixmatched. Flush the system with thecalibration blank between each standard. Usethe average intensity of multiple exposuresfor both standardization and sample analysisto reduce random error.

6.4 IC/PCR Calibration. Prepare acalibration curve using the calibration blankand three calibration standards preparedfresh daily as described in section 4.3.9. Runthe standards with the field samples asdescribed in section 5.5.

7. Quality Control

7.1 GFAAS Quality Control7.1.1 GFAAS Calibration Reference

Standards. If a calibration curve is used, itmust be verified by use of at least onecalibration reference standard (made from areference material or other independentstandard material) at or near the mid-range ofthe calibration curve. The calibrationreference standard must be measured within10 percent of it’s true value for the curve tobe considered valid. The curve must bevalidated before sample analyses areperformed.

7.1.2 GFAAS Check Standards. (a) Run acheck standard and a calibration blank afterapproximately every 10 sample injections,and at the end of the analytical run. Thesestandards are run, in part, to monitor the lifeand performance of the graphite tube. Lackof reproducibility or a significant change inthe signal for the check standard indicatesthat the graphite tube should be replaced.Check standards can be the mid-rangecalibration standard or the referencestandard. The results of the check standardshall agree within 10 percent of the expectedvalue. If not, terminate the analyses, correctthe problem, recalibrate the instrument, andreanalyze all samples analyzed subsequent tothe last acceptable check standard analysis.

(b) The results of the calibration blank areto agree within three standard deviations ofthe mean blank value. If not, repeat theanalysis two more times and average theresults. If the average is not within threestandard deviations of the background mean,terminate the analyses, correct the problem,recalibrate, and reanalyze all samplesanalyzed subsequent to the last acceptablecalibration blank analysis.

7.1.3 GFAAS Duplicate Samples. Run oneduplicate sample for every 20 samples, (orone per source test, whichever is morefrequent). Duplicate samples are broughtthrough the whole sample preparation andanalytical process separately. Duplicatesamples shall agree within 10 percent.

7.1.4 GFAAS Matrix Spiking. Spikedsamples shall be prepared and analyzed dailyto ensure that correct procedures are being

followed and that all equipment is operatingproperly. Spiked sample recovery analysesshould indicate a recovery for the Cr spikeof between 75 and 125 percent. Spikes areadded prior to any sample preparation. Crlevels in the spiked sample should providefinal solution concentrations that fall withinthe linear portion of the calibration curve.

7.1.5 GFAAS Method of StandardAdditions. Whenever sample matrixproblems are suspected and standard/samplematrix matching is not possible or whenevera new sample matrix is being analyzed, themethod of standard additions shall be usedfor the analysis of all extracts. Section 5.4.2of Method 12 (40 CFR part 60, appendix A)specifies a performance test to determine ifthe method of standard additions isnecessary.

7.1.6 GFAAS Reagent Blank Samples.Analyze a minimum of one matrix-matchedreagent blank (section 5.2.2) per sample batchto determine if contamination or memoryeffects are occurring. The results shouldagree within three standard deviations of themean blank value.

7.2 ICP Quality Control.7.2.1 ICP Interference Check. Prepare an

interference check solution to contain knownconcentrations of interfering elements thatwill provide an adequate test of thecorrection factors in the event of potentialspectral interferences. Two potentialinterferences, iron and manganese, may beprepared as 1,000 µg/ml and 200 µg/mlsolutions, respectively. The solutions shouldbe prepared in dilute HNO3 (1-5 percent).Particular care must be taken to ensure thatthe solutions and/or salts used to prepare thesolutions are of ICP grade purity (i.e., that nomeasurable Cr contamination exists in thesalts/solutions). Commercially preparedinterfering element check standards areavailable. Verify the interelement correctionfactors every three months by analyzing theinterference check solution. The correctionfactors are calculated according to theinstrument manufacturer’s directions. Ifinterelement correction factors are usedproperly, no false Cr should be detected.

7.2.2 ICP Calibration ReferenceStandards. Prepare a calibration referencestandard in the same alkaline matrix as thecalibration standards; it should be at least 10times the instrumental detection limit. Thisreference standard should be prepared froma different Cr stock solution source than thatused for preparation of the calibration curvestandards and is used to verify the accuracyof the calibration curve. Prior to sampleanalysis, analyze at least one referencestandard. The calibration reference standardmust be measured within 10 percent of it’strue value for the curve to be consideredvalid. The curve must be validated beforesample analyses are performed.

7.2.3 ICP Check Standards. Run a checkstandard and a calibration blank after every10 samples, and at the end of the analyticalrun. Check standards can be the mid-rangecalibration standard or the referencestandard. The results of the check standardshall agree within 10 percent of the expectedvalue; if not, terminate the analyses, correctthe problem, recalibrate the instrument, andrerun all samples analyzed subsequent to the

last acceptable check standard analysis. Theresults of the calibration blank are to agreewithin three standard deviations of the meanblank value. If not, repeat the analysis twomore times and average the results. If theaverage is not within three standarddeviations of the background mean,terminate the analyses, correct the problem,recalibrate, and reanalyze all samplesanalyzed subsequent to the last acceptablecalibration blank analysis.

7.2.4 ICP Duplicate Samples. Analyze oneduplicate sample for every 20 samples, (orone per source test, whichever is morefrequent). Duplicate samples are broughtthrough the whole sample preparation andanalytical process. Duplicate samples shallagree within 10 percent.

7.2.5 ICP Reagent Blank Samples.Analyze a minimum of one matrix-matchedreagent blank (section 5.2.2) per sample batchto determine if contamination or memoryeffects are occurring. The results shouldagree within three standard deviations of themean blank value.

7.3 IC/PCR Quality Control.7.3.1 IC/PCR Calibration Reference

Standards. Prepare a calibration referencestandard in the same alkaline matrix as thecalibration standards at a concentration thatis at or near the mid-point of the calibrationcurve. This reference standard should beprepared from a different Cr stock solutionsource than that used for preparing thecalibration curve standards. The referencestandard is used to verify the accuracy of thecalibration curve. Prior to sample analysis,analyze at least one reference standard. Theresults of this analysis of the referencestandard must be within 10 percent of thetrue value of the reference standard for thecalibration curve to be considered valid. Thecurve must be validated before sampleanalyses are performed.

7.3.2 IC/PCR Check Standards. (a) Runthe calibration blank and calibrationstandards with the field samples as describedin section 5.5. For each standard, determinethe peak areas (recommended) or the peakheights, calculate the average response fromthe duplicate injections, and plot the averageresponse against the Cr+6 concentration inµg/l. The individual responses for eachcalibration standard determined before andafter field sample analysis must be within 5percent of the average response for theanalysis to be valid. If the 5 percent criteriais exceeded, excessive drift and/orinstrument degradation may have occurred,and must be corrected before further analysesare performed.

(b) Employing linear regression, calculate apredicted value for each calibration standardusing the average response for the duplicateinjections. Each predicted value must bewithin 7 percent of the actual value for thecalibration curve to be considered acceptable.If not acceptable, remake and/or rerun thecalibration standards. If the calibration curveis still unacceptable, reduce the range of thecurve.

7.3.3 IC/PCR Duplicate Samples. Analyzeone duplicate sample for every 20 samples,(or one per source test, whichever is morefrequent). Duplicate samples are broughtthrough the whole sample preparation and


analytical process. Duplicate samples shallagree within 10 percent.

7.3.4 ICP Reagent Blank Samples.Analyze a minimum of one matrix-matchedreagent blank (section 5.2.2) per sample batchto determine if contamination or memoryeffects are occurring. The results shouldagree within three standard deviations of themean blank value.

8. Emission CalculationsCarry out the calculations, retaining one

extra decimal figure beyond that of theacquired data. Round off figures after finalcalculations.

8.1 Total Cr in Sample. Calculate MCr, thetotal µg Cr in each sample, as follows:MCr = (Vml) (CS) (F) (D) Eq.306-1where:Vml = Volume of impinger contents plus

rinses, ml.CS = Concentration of Cr in sample solution,

µg Cr/ml.F = Dilution factor.= Volume of aliquot after dilution, ml;

Volume of aliquot before dilution, mlD = Digestion factor.= Volume of sample aliquot after digestion,

ml; Volume of sample aliquot submittedto digestion, ml

8.2 Average Dry Gas Meter Temperatureand Average Orifice Pressure Drop. Same asMethod 5, section 6.2.

8.3 Dry Gas Volume, Volume of WaterVapor, Moisture Content. Same as Method 5,sections 6.3, 6.4, and 6.5, respectively.

8.4 Cr Emission Concentration. CalculateCCr, the Cr concentration in the stack gas, inmg/dscm on a dry basis, corrected tostandard conditions, as follows:CCr=(10¥3 mg/µg) (MCr/Vm(std)) Eq. 306–2where:Vm(std)=Gas sample volume measured by the

dry gas meter, corrected to dry standardconditions, dscm.

8.5 Isokinetic Variation, AcceptableResults. Same as Method 5, sections 6.11 and6.12, respectively.

9. Bibliography

1. ‘‘Test Methods for Evaluating SolidWaste, Physical/Chemical Methods,’’ U. S.Environmental Protection AgencyPublication SW–846, 2nd Edition, July 1982.

2. Cox, X.B., R.W. Linton, and F.E. Butler.Determination of Chromium Speciation inEnvironmental Particles—A MultitechniqueStudy of Ferrochrome Smelter Dust.Accepted for publication in EnvironmentalScience and Technology.

3. Same as Bibliography of Method 5,Citations 2 to 5 and 7.

4. California Air Resources Board,‘‘Determination of Total Chromium andHexavalent Chromium Emissions fromStationary Sources.’’ Method 425, September12, 1990.

5. ‘‘Test Methods for Evaluating SolidWaste, Physical/ Chemical Methods’’, U. S.Environmental Protection AgencyPublication SW–846, 3rd Edition, November1986 as amended by Update I , November1990.

Method 306A—Determination of ChromiumEmissions From Decorative and HardChromium Electroplating and AnodizingOperations


1.1 Applicability. This method applies tothe determination of chromium (Cr) inemissions from decorative and hardchromium electroplating facilities andanodizing operations. The method is lessexpensive and less complex to conduct thanMethod 306 of this appendix. Correctlyapplied, the precision and bias of the sampleresults will be comparable to those obtainedwith the isokinetic Method 306 of thisappendix. This method is applicable underambient moisture, air, and temperatureconditions.

1.2 Principle. A sample is extracted fromthe source at a constant sampling ratedetermined by a critical orifice and collectedin a probe and impingers. The sampling timeat the sampling traverse points is varied

according to the stack gas velocity at eachpoint to obtain a proportional sample. Theconcentration is determined by the sameanalytical procedures used in Method 306 ofthis appendix: inductively-coupled plasmaemission spectrometry (ICP), graphite furnaceatomic absorption spectrometry (GFAAS), orion chromatography with a post-columnreactor (IC/PCR).

2. Range, Sensitivity, Precision, andInterferences

Same as Method 306, section 2 of thisappendix.

3. Apparatus

Note: Mention of trade names or specificproducts does not constitute endorsement bythe Environmental Protection Agency.

3.1 Sampling Train. A schematic of thesampling train is shown in Figure 306A–1.The components of the train are availablecommercially, but some fabrication andassembly are required. If Method 306equipment is available, the sampling trainmay be assembled as specified in Method 306of this appendix and the sampling rate of themeter box set at the delta H@ specified forthe calibrated orifice; this train is thenoperated as specified in this method.

3.1.1 Probe Nozzle/Tubing and Sheath.Use approximately 1/4 in. inner diameter (ID)glass or rigid plastic tubing about 8 in. longwith a short 90° bend at one end to form thenozzle. Grind a slight taper on the nozzle endbefore making the bend. Attach the nozzle toflexible tubing of sufficient length to collecta sample from the stack. Use a straight pieceof larger diameter rigid tubing (such as metalconduit or plastic water pipe) to form asheath that begins about 1 in. from the 90°bend on the nozzle and encases the flexibletubing.



3.1.2 S-Type Pitot. Same as Method 2,section 3 (40 CFR part 60, appendix A).

3.1.3 Sample Line. Use thick wall flexibleplastic tubing (e.g., polyethylene,polypropylene, or polyvinylchloride) about1⁄4 in. to 3⁄8 in. ID to connect the traincomponents. A combination of rigid plastictubing and thin wall flexible tubing may beused as long as neither tubing collapses whenleak-checking the train. Metal tubing cannotbe used.

3.1.4 Impingers. One quart capacity‘‘Mason’’ glass canning jars with vacuum seallids are used. Three impingers are required:the first is for collecting the absorbingsolution, the second is empty and is used tocollect any absorbing solution carried overfrom the first impinger, and the thirdcontains the drying agent. Install bleak-tightinlet and outlet tubes in the lids of eachimpinger for assembly with the train. Thetubes may be made of approximately 1⁄4 in.ID glass or rigid plastic tubing. For the inlettube of the first impinger, heat the glass orplastic tubing and draw until the tubingseparates. Cut the tip off until the tip orificeis 3⁄32 in. in diameter. When fabricating thefirst impinger, place the tip orifice 3⁄16 in.above the bottom of the jar when assembled.For the second impinger, the inlet tube neednot be drawn and sized, but the tip shouldbe approximately 2 in. above the bottom ofthe jar. The inlet tube of the third impingershould extend to about 1⁄2 in. above thebottom of the jar. Locate the outlet tube endof all impingers about 1⁄2 in. beneath thebottom of the lid.

3.1.5 Manometer. Inclined/vertical type,or equivalent device, as described in section2.2 of Method 2 (40 CFR part 60, appendixA).

3.1.6 Critical Orifice. The critical orificeis a small restriction in the sample line(approximately 1⁄16 in. in diameter) that islocated upstream of the vacuum pump and

sets the sample rate at about 0.75 cfm. Anorifice can be made of 3⁄32 in. brass tubingapproximately 9⁄16 in. long sealed insidelarger diameter, approximately 5⁄16 in., brasstubing to serve as a critical orifice giving aconstant sample flow. Materials other thanbrass can be used to construct the criticalorifice as long as the flow through thesampling train is approximately 0.75 cfm.

3.1.7 Connecting Hardware. Standardpipe and fittings, 1⁄4 in. or 1⁄8 in., are usedto install the vacuum pump and dry gasmeter in the sampling train.

3.1.8 Pump Oiler. A glass oil reservoirwith a wick mounted at the vacuum pumpinlet lubricates the pump vanes. The oilershould be an inline type and not vented tothe atmosphere.

3.1.9 Vacuum Pump. Gast Model 0522–V103–G18DX, or equivalent, capable ofdelivering at least 1.5 cfm at 15 in. Hgvacuum.

3.1.10 Oil Trap. An empty glass oilreservoir without wick is mounted at pumpoutlet to prevent oil from reaching the drygas meter.

3.1.11 Dry Gas Meter. A Rockwell model175-s test meter, or equivalent, with athermometer installed to monitor metertemperature. The dry gas meter must becapable of measuring volume to within 2percent.

3.2 Sample Recovery.3.2.1 Wash Bottles. These are glass or

inert plastic, 500 or 1000 ml, with spray tube.3.2.2 Sample Containers. The first mason

jar impinger of the sampling train serves asthe sample container. A new lid and plasticwrap are substituted for the impinger inlet/outlet assembly.

3.3 Analysis. Same as Method 306,section 3.3 of this appendix.

4. Reagents

4.1 Sampling. Same as Method 306,section 4.1 of this appendix.

4.2 Sample Recovery. Same as Method306, section 4.2 of this appendix.

5. Procedure

5.1 Sampling.5.1.1 Pretest Preparation.5.1.1.1 Port Location. Locate the sampling

ports as specified in section 2.1 of Method 1(40 CFR part 60, appendix A). Use a total of24 sampling points for round ducts and 25points for rectangular ducts. Locate thesampling points as specified in section 2.3 ofMethod 1 (40 CFR part 60, Appendix A).Mark the pitot and sampling probe with thinstrips of tape to permit velocity and sampletraversing. For ducts less than 12 in. indiameter, use a total of 16 points.

5.1.1.2 Velocity Pressure Traverse. (a)Perform a velocity pressure traverse beforethe first sample run. Figure 306A-2 may beused to record velocity pressure data. Iftesting occurs over several days, perform thetraverse at the beginning of each day. Performvelocity pressure traverses as specified insection 3 of Method 2 (40 CFR part 60,appendix A), but record only the ∆p (velocityhead) values for each sampling point.

(b) Check for cyclonic flow during the firsttraverse to verify that it does not exist; ifcyclonic flow does exist, make sure that theabsolute average angle of misalignment doesnot exceed 20°. If the average angle ofmisalignment exceeds 20° at an outletlocation, install straightening vanes toeliminate the cyclonic flow. If it is necessaryto test an inlet location where cyclonic flowexists, it may not be possible to installstraightening vanes. In this case, a variationof the alignment method must be used. Thismust be approved by the Administrator.



5.1.1.3 Point Sampling Times. Since thesampling rate of the train is held constant bythe critical orifice, it is necessary to calculatespecific sampling times for each point inorder to obtain a proportional sample. If allsampling can be completed in a single day,

it is necessary to calculate the point samplingtimes only once. If sampling occurs overseveral days, recalculate the point sampletimes each day using velocity traverse dataobtained earlier in the day. Determine theaverage of the ∆p values obtained during the

velocity traverse (Figure 306A–2). Calculatethe sampling times for each point usingEquation 306A–1. Convert the decimal partsof minutes to seconds. If the stack diameteris less than 12 in., use 7.5 minutes in placeof 5 minutes in the equation and 16 samplingpoints.

Minutes at po nPo n p

putes Eq A

avg

intint

min .= ( ) × −∆

∆5 306 1

Where:n=Sampling point number.∆p=Velocity head measured by Type-S pitot

tube, in. H2O5.1.1.4 Preparation of Sampling Train.

Assemble the sampling train as shown inFigure 306A–1. Secure the nozzle-linerassembly to the sheath to prevent slippingwhen sampling. Before charging, rinse thefirst mason jar impinger with either 0.1 Nsodium hydroxide (NaOH) or 0.1 N sodiumbicarbonate (NaHCO3); discard the solution.

Put 250 ml of 0.1 N NaOH or 0.1 N NaHCO3

absorbing solution into the first mason jarimpinger. Similarly, rinse the second masonjar impinger and leave empty. Put silica gelinto the third mason jar impinger until theimpinger is half full. Place the impingers intoan ice bath and check to ensure that the lidsare tight.

5.1.1.5 Train Leak Check Procedure. Waituntil the ice has cooled the impingers beforesampling. Next, seal the nozzle with a fingercovered by a piece of clear plastic wrap and

turn on the pump. The vacuum in the linebetween the pump and the critical orificemust be at least 15 in. Hg. Observe any leakrate on the dry gas meter. The leak rateshould not exceed 0.02 cfm.

5.1.2 Sampling Train Operation.5.1.2.1 Record all pertinent process and

sampling data on the data sheet (see Figure306A-3). Ensure that the process operation issuitable for sample collection.



5.1.2.2 Place the probe/nozzle into theduct at the first sampling point and turn onthe pump. A minimum vacuum of 15 in. Hgor 0.47 atmosphere between the criticalorifice and pump is required to maintaincritical flow. Sample for the time intervalpreviously determined for that point. Moveto the second point and sample for the timeinterval determined for that point; sample allpoints on the traverse in this manner. Keepice around the impingers during the run.Complete the traverse and turn off the pump.Move to the next sampling port and repeat.Record the final dry gas meter reading.(NOTE: If an approximate mass emission rateis desired, record the stack temperaturebefore and after the run.)

5.1.2.3 Post Test Leak Check. Remove theprobe assembly and flexible tubing from thefirst impinger. Do not cover the nozzle. Sealthe inlet tube of the first impinger with afinger covered by clear plastic wrap and turnon the pump. The vacuum in the linebetween the pump and the critical orificemust be at least 15 in. Hg. Observe any leakrate on the dry gas meter. If the leak rateexceeds 0.02 cfm, reject the run. If the leakrate is acceptable, take the probe assemblyand impinger assembly to the samplerecovery area.

5.2 Sample Recovery.5.2.1 Container No. 1. (a) After the train

has been moved to the sample recovery area,disconnect the tubing that joins the firstimpinger with the second.

(b) The first impinger jar is also used as thesample container jar. Unscrew the lid fromthe first impinger jar. Lift the inlet/outlettube assembly almost out of the jar, and usingthe wash bottle, rinse the outside of theimpinger tip that was immersed in the

impinger jar with extra absorbing solution;rinse the inside of the tip as well.

(c) Recover the second impinger byremoving the lid and pouring any contentsfrom the second impinger into the firstimpinger. Rinse the second impingerincluding the inside and outside of theimpinger stem as well as any connectingplastic tubing with extra absorbing solutionand place the rinse into the first impinger.

(d) Hold the nozzle and connecting plastictubing in a vertical position so that the tubingforms a ‘‘U.’’ Using the wash bottle, partiallyfill the tubing with sampling reagent. Raiseand lower the end of the plastic tubingseveral times to cause the reagent to contactthe major portion of the internal parts of theassembly thoroughly. Do not raise thesolution level too high or part of the samplewill be lost. Place the nozzle end of theassembly over the mouth of the first impingerjar (sample container) and elevate the plastictubing so that the solution flows rapidly outof the nozzle. Perform this procedure threetimes. Next, repeat the recovery procedurebut allow the solution to flow rapidly out theopen end of the plastic tubing into the firstimpinger jar.

(e) Place a piece of clear plastic wrap overthe mouth of the first impinger jar. Use astandard lid and band assembly to seal thejar. Label the jar with the sample number andmark the liquid level to gauge any lossesduring handling.

5.2.2 Container No. 2 (Reagent Blank).Place approximately 500 ml of the 0.1 NNaOH or 0.1 N NaHCO3 absorbing solutionin a labeled sample container.

5.2.3 Sample Filtration for IC/PCR. If thesample is to be analyzed for Cr∂6 by IC/PCR,it must be filtered immediately following

recovery as described in section 5.2.3 ofMethod 306 of this appendix.

5.3 Analysis. Sample preparation andanalysis procedures are identical to Method306, section 5.3 of this appendix.

6. Calibration

6.1 Dry Gas Meter. (a) Dry gas metercalibrations may be performed by either themanufacturer, a firm who providescalibration services, or the tester. The dry gasmeter calibration coefficient (Ym) must bedetermined prior to initial use of the meter,and must be checked following each fielduse.

(b) If the dry gas meter is new, themanufacturer will have specified the Ym forthe meter. The manufacturer may also haveincluded a calibration orifice and a data sheetwith the meter that may be used forcalibration purposes. The sheet will specifya standard cubic foot volume and a sampletime, and these values were determinedwhen the orifice was used to set the initialYm for the meter. The Ym may be checked bydisconnecting the critical orifice in thesampling train and replacing it with thecalibration orifice. The inlet side of thecalibration orifice is open to the atmosphereand is not reconnected to the sample train.Record the initial dry gas meter volume andmeter temperature. Turn on the pump andoperate it for the number of minutesspecified by the manufacturer’s data sheet.Stop the pump and record the final dry gasmeter volume and temperature. Subtract thestart volume from the stop volume andaverage the temperatures. Check the Ym forthe dry gas meter after the test by using thefollowing equation:

YFt T

Ft P

m m

pt bar

=+( )

( ) ( ).

.

3

3

460

17 647

Where:Ft.3m=Cubic feet given by meter manufacturerTm=Temperature of meter in degrees

FahrenheitFt3pt=Cubic feet from dry gas meter, post testPbar=Barometric pressure in inches of

mercuryCompare the Ym just calculated with the

Ym given by the manufacturer:

Y manufacturer

Y calculated after testm

m

( )

( )If this value is between 0.95 and 1.05, the

Ym of the meter is acceptable. If the value liesoutside the specified range, the test series

shall either be voided, or calculations for thetest series shall be performed usingwhichever meter coefficient value (i.e., beforeand after) that gives the lower value of totalsample volume. Return the dry gas meter tothe manufacturer for recalibration. Thecalibration may also be conducted asspecified in section 5.3.1 or section 7 ofMethod 5 (40 CFR part 60, appendix A),except that it is only necessary to check thecalibration at an approximate flow rate of0.75 cfm. The calibration of the dry gas metermust be checked after each field use in thesame manner. If the values of Ym obtainedbefore and after a test series differ by morethan 5%, the test series shall either bevoided, or calculations for the test series

shall be performed using whichever metercoefficient value (i.e., before or after) thatgives the lower value of total sample volume.

6.2 GFAA Spectrometer. Same as Method306, section 6.2 of this appendix.

6.3 ICP Spectrometer. Same as Method306, section 6.3 of this appendix.

7. Quality Control

Same as Method 306, section 7 of thisappendix.

8. Calculations

8.1 Pollutant Concentration. CalculateCcr, the Cr concentration in the stack gas, inmg/dscm on a dry basis as follows:

CM T

Y V PEq ACr

Cr m

m m bar

=( ) +( )

( ) ( ) ( ) ( )−

460

499 8306 2

..

where: MCr=Amount of Cr in sample from Method306 of this appendix, Eq. 306-1, µg.

Tm=Dry gas meter temperature, °F.


Ym=Dry gas meter correction factor,dimensionless.

Vm=Dry gas meter volume, ft3.Pbar=Barometric pressure, in. Hg.

8.2 Approximate Mass Emission Rate(Optional). Calculate an approximate massemission rate of Cr in kg/hr using thefollowing equation:

kg hr C r pT

PEq ACr avg

s

bar

/ ..

.= ( ) ( ) ( ) ( ) +( )( ) ( )

−0 0001597460

28 73306 32 ∆

where:r=Radius of stack, in.(√∆p)avg=Average of √∆p values.Ts=Stack temperature, °F.Pbar=Barometric pressure, in. Hg.CCr=Concentration of Cr, mg/dscm.

Note: The emission rate calculated usingEquation 306A–3 is based on an assumedmoisture content of 2%.

9. Bibliography1. Clay, F.R. Memo, Impinger Collection

Efficiency—Mason Jars vs. Greenburg-SmithImpingers, Dec. 1989.

2. Segall, R.R., W.G. DeWees, F.R. Clay,and J.W. Brown. Development of ScreeningMethods for Use in Chromium EmissionsMeasurement and Regulations Enforcement.In: Proceedings of the 1989 EPA/A&WMAInternational Symposium—Measurement ofToxic and Related Air Pollutants, A&WMAPublication VIP–13, EPA Report No. 600/9–89–060, p. 785.

3. Clay, F.R. Chromium Sampling Method.In: Proceedings of the 1990 EPA/A&WMAInternational Symposium—Measurement ofToxic and Related Air Pollutants, A&WMAPublication VIP–17, EPA Report No. 600/9–90–026, p. 576.

4. Clay, F.R. Proposed Sampling Method306A for the Determination of HexavalentChromium Emissions from Electroplatingand Anodizing Facilities. In: Proceedings ofthe 1992 EPA/A&WMA InternationalSymposium—Measurement of Toxic andRelated Air Pollutants, A&WMA PublicationVIP–25, EPA Report No. 600/R–92/131, p.209.

Method 306–B—Surface TensionMeasurement and Recordkeeping forChromium Plating Tanks Used atElectroplating and Anodizing Facilities


1.1 Applicability. This method isapplicable to all decorative plating andanodizing operations where a wetting agentis used in the tank as the primary mechanism

for reducing emissions from the surface ofthe solution.

1.2 Principle. During an electroplating oranodizing operation, gas bubbles generatedduring the process rise to the surface of thetank liquid and burst. Upon bursting, tinydroplets of chromic acid become entrained inambient air. The addition of a wetting agentto the tank bathreduces the surface tension ofthe liquid and diminishes the formation ofthese droplets.

2. Apparatus2.1 Stalagmometer. Any commercially

available stalagmometer or equivalent surfacetension measuring device may be used tomeasure the surface tension of the plating oranodizing tank liquid.

2.2 Preciser tensiometer. A Precisertensiometer may be used to measure thesurface tension of the tank liquid providedthe procedures specified in ASTM Method D1331–89, Standard Test Methods for Surfaceand Interfacial Tension of Solutions ofSurface Active Agents (incorporated byreference—see § 63.14) are followed.

3. Procedure3.1 The surface tension of the tank bath

may be measured by using a Precisertensiometer, a stalagmometer or any otherdevice suitable for measuring surface tensionin dynes per centimeter. If the Precisertensiometer is used, the instructions given inASTM Method D 1331–89, Standard TestMethods for Surface and Interfacial Tensionof Solutions of Surface Active Agents(incorporated by reference—see § 63.14) mustbe followed. If a stalagmometer or otherdevice is used to measure surface tension, theinstructions that came with the measuringdevice must be followed.

3.2 (a) Measurements of the bath surfacetension are done using a progressive systemwhich minimizes the number of surfacetension measurements required when theproper surface tension is maintained.Initially, measurements must be made every4 hours of tank operation for the first 40

hours of tank operation after the compliancedate. Once there are no exceedances during40 hours of tank operation, measurementsmay be conducted once every 8 hours of tankoperation. Once there are no exceedancesduring 40 hours of tank operation,measurements may be conducted once every40 hours of tank operation on an on-goingbasis, until an exceedance occurs. Themaximum time interval for measurements isonce every 40 hours of tank operation.

(b) If a measurement of the surface tensionof the solution is above the 40 dynes percentimeter limit, the time interval revertsback to the original monitoring schedule ofonce every 4 hours. A subsequent decrease infrequency would then be allowed accordingto the previous paragraph.

4. Recordkeeping

4.1 Log book of surface tensionmeasurements and fume suppressantadditions. The surface tension of the platingor anodizing tank bath must be measured asspecified in section 3.2. The measurementsmust be recorded in the log book. In additionto the record of surface tensionmeasurements, the frequency of fumesuppressant maintenance additions and theamount of fume suppressant added duringeach maintenance addition will be recordedin the log book. The log book will be readilyavailable for inspection by regulatorypersonnel.

4.2 Instructions for apparatus used inmeasuring surface tension. Also includedwith the log book must be a copy of theinstructions for the apparatus used formeasuring the surface tension of the platingor anodizing bath. If a Preciser tensiometer isused, a copy of ASTM Method D 1331–89,Standard Methods for Surface and InterfacialTension of Solutions of Surface ActiveAgents (incorporated by reference—see§ 63.14) must be included with the log book.

[FR Doc. 95–65 Filed 1–24–95; 8:45 am]BILLING CODE 6560–50–P

fede

ral r

egiste

r

4995


Part III

Department ofHousing and UrbanDevelopmentOffice of the Assistant Secretary forCommunity Planning and Development

Notice of Funding Availability for FiscalYear 1995 for Innovative Project FundingUnder the Innovative Homeless InitiativesDemonstration Program; Notice



Office of the Assistant Secretary forCommunity Planning andDevelopment

[Docket No. N–95–3862; FR–3846–N–01]

Notice of Funding Availability forFiscal Year 1995 for Innovative ProjectFunding Under the InnovativeHomeless Initiatives DemonstrationProgram

AGENCY: Office of the AssistantSecretary for Community Planning andDevelopment, HUD.ACTION: Notice of funding availability(NOFA).

SUMMARY: This Notice announces theavailability of $25 million in funds forapplications for Innovative ProjectFunding under the Innovative HomelessInitiatives Demonstration Program.These funds will be awardedcompetitively for innovative programsdesigned to provide aggressive outreachto homeless persons living on the streetsor in other places not designed for, orordinarily used as, regular sleepingaccommodations for human beings;provide intensive needs assessments;connect these people with existingcommunity resources when available;and, if necessary, provide additionalhousing and services for them. Eachinnovative outreach program must fill agap within the context of developing acontinuum of care system in thejurisdiction designed to assist homelesspersons. This notice of fundingavailability (NOFA) containsinformation concerning programpurpose, eligible applicants, eligibleactivities, application requirements, andapplication processing.DEADLINE DATE: All applicationsreceived at HUD Headquarters, Office ofCommunity Planning and Development,at the address shown in the ADDRESSESsection of this NOFA by 6 p.m. localtime on February 6, 1995, will beconsidered for funding. HUD will treatas ineligible for considerationapplications that are received after thedeadline. However, any applicationreceived at that address within 24 hoursafter the deadline will be considered forfunding if the applicant can show therewere circumstances beyond its controlthat delayed delivery of the application,such as the failure of a delivery serviceto deliver the application on or beforethe specified date. Applications may notbe sent by facsimile (FAX).

The Department has established ashort application period for this NOFAin an effort to make funding quickly

available to applicants who are in needof funding to assist homeless persons,especially during this time when harshweather conditions necessitate greaterand more immediate assistance tohomeless persons.ADDRESSES: A completed applicationmust be submitted to the followingaddress: Processing and Control Unit,Room 7255, Office of CommunityPlanning and Development, Departmentof Housing and Urban Development,451 Seventh Street, SW., Washington,DC 20410, Attention: HomelessInnovative Funding.

One copy of the application must alsobe sent to the HUD Field Office servingthe area in which the applicant’s projectis located. A list of Field Offices appearsin Appendix C to this NOFA. The FieldOffice copy must be received by theapplication deadline as well, but adetermination that an application wasreceived on time will be made solely onreceipt of the application at the Officeof Community Planning andDevelopment in Headquarters,Washington, DC.FOR FURTHER INFORMATION CONTACT: TheHUD Field Office for the area in whichthe proposed project is located.Telephone numbers are included in thelist of Field Offices set forth inAppendix C to this NOFA.


Paperwork Reduction Act StatementThe information collection

requirements contained in this NOFAhave been submitted, for expeditedprocessing, to the Office of Managementand Budget (OMB) for review under thePaperwork Reduction Act of 1980 (44U.S.C. 3501–3520). No person may besubjected to a penalty for failure tocomply with these requirements untilthey have been approved and assignedan OMB control number. The OMBcontrol number, when assigned, will beannounced by separate notice in theFederal Register. Any applicant thatcompletes an application before theOMB control number is assigned mayhave to modify that application inaccordance with changes in theapplication package that are requestedby OMB and agreed to by HUD.

Public reporting burden for thecollection of information requirementscontained in this notice is estimated toinclude the time for reviewing theinstructions, searching existing datasources, gathering and maintaining thedata needed, and completing andreviewing the collection of information.Information on the estimated publicreporting burden is provided under thepreamble heading, Other Matters. Send

comments regarding this burdenestimate or any other aspect of thiscollection of information, includingsuggestions for reducing this burden byJanuary 30, 1995, to the Department ofHousing and Urban Development, RulesDocket Clerk, 451 Seventh Street, SW.,Room 10276, Washington, DC 20410–0500; and to the Office of Informationand Regulatory Affairs, Office ofManagement and Budget, Attention:Desk Officer for HUD, Washington, DC20503.

I. Purpose and Substantive Description

(A) Authority

Innovative Project Funding is part ofthe Innovative Homeless InitiativesDemonstration Program, which isauthorized under section 2 of the HUDDemonstration Act of 1993 (Pub. L. 103–120, approved October 27, 1993).

(B) Purpose

The purpose of this NOFA is to fundinnovative programs, within the contextof developing a continuum of caresystem, designed to provide aggressiveoutreach to homeless persons, includingpersons with severe mental illness and/or substance abuse problems, who areparticularly affected by adverse weatherconditions because they are currentlyliving on the streets or in other placesnot designed for, or ordinarily used as,regular sleeping accommodations forhuman beings. The purpose of thisNOFA is also to provide these personswith intensive needs assessments;connect them with existing communityresources when available; and, ifnecessary, provide additional housingand services. Therefore, the focus of thiscompetition is aggressive outreach andassistance to help homeless personsmove as quickly as possible fromsidewalks, parks, cars, public transitfacilities, and similar places. Heavyemphasis is placed on coordinatingexisting resources through the combinedefforts of service and housing providersin the community. Each innovativeprogram must fill a gap within thecontext of developing a continuum ofcare system in the jurisdiction.

A continuum of care system consistsof four basic components:

(1) A system of outreach andassessment for determining the needsand conditions of an individual orfamily who is homeless, or whetherassistance is necessary to prevent anindividual from becoming homeless;

(2) Emergency shelters withappropriate supportive services to helpensure that homeless individuals andfamilies receive adequate emergency


shelter and referral to necessary serviceproviders or housing finders;

(3) Transitional housing withappropriate supportive services to helpthose homeless individuals and familieswho are not prepared to make thetransition to permanent housing andindependent living; and

(4) Permanent housing, or permanentsupportive housing, to help meet thelong-term needs of homeless individualsand families.

Grant requests in response to this $25million NOFA should only be made foractivities involving aggressive outreachand assistance to homeless personsliving on the streets or in other placesnot designed for, or ordinarily used as,regular sleeping accommodations forhuman beings. These are the homelesspersons most affected by adverseweather conditions. Grant requests toassist homeless families or individualsin other circumstances should besubmitted in response to a separate $900million NOFA the Department intendsto issue in February.

(C) Funding AvailabilityThis NOFA makes $25 million

available for the Innovative ProjectFunding. Grant requests may be for upto two years of funding. HUD reservesthe right to fund less than the fullamount requested in any application.Given the program’s emphasis oncoordination of resources withincommunities, it is likely that HUD willfund requests which reflect greatercoordinative efforts of private nonprofitorganizations, governmental agencies,and other organizations who can helpprovide resources to meet the needs ofthis most vulnerable population ofhomeless persons in one application.

With this focus on connecting thesehomeless persons with a system ofcommunity assistance, no renewals ofgrant awards made under this NOFA areanticipated. Because there is only $25million available for this competition,the Department expects to fund requestsranging from $100,000 to $1,000,000,and reserves the right to award no morethan 20 percent of the funds ($5 million)in any State.

II. Application Process(A) Applications will be reviewed and

selected on the basis of the followingprocess.

(1) Review. Applications will bereviewed to ensure that they meet thefollowing:

(a) Applicant eligibility. Theapplicant must be a jurisdiction (i.e.,State, metropolitan city, urban county,unit of general local government[including units in rural areas], or

Indian tribe), or other nonprofitorganization operating within suchjurisdiction.

Projects involving the participation ofmore than one jurisdiction or more thanone nonprofit organization, or acombination of jurisdictions ornonprofit organizations are stronglyencouraged. However, of theseparticipating jurisdictions andorganizations, only one entity may beidentified as the actual applicant.

The terms ‘‘State’’, ‘‘metropolitancity’’, ‘‘urban county’’, ‘‘unit of generallocal government’’, and ‘‘Indian tribe’’have the meanings given such terms insection 102(a) of the Housing andCommunity Development Act of 1974(42 U.S.C. 5302).

The term ‘‘nonprofit organization’’means an organization—

(i) No part of the net earnings ofwhich inures to the benefit of anymember, founder, contributor, orindividual;

(ii) That, in the case of a privatenonprofit organization, has a voluntaryboard;

(iii) That has an accounting system, orhas designated a fiscal agent inaccordance with requirementsestablished by the Secretary; and

(iv) That practices nondiscriminationin the provision of assistance.

(b) Eligible population to be served.The population proposed to be servedmust be homeless individuals orhomeless families living in places notdesigned for, or ordinarily used as,regular sleeping accommodations, suchas sidewalks, parks, cars and publictransportation facilities (hereafterreferred to as persons living on thestreets).

The term ‘‘homeless family’’ means agroup of one or more related individualswho are homeless individuals.

(c) Eligible activities. The activitiesfor which assistance is requested mayinclude activities needed to operate aprogram of aggressive outreach topersons living on streets, intensiveneeds assessments, and relatedactivities. Up to 5 percent of the amountof grant funds requested for theseactivities may be used for grantadministration expenses, such as thecosts of audits and reports.

Applicants may not receive assistanceto replace funds provided by any Stateor local government to assist homelesspersons.

(d) Fair housing and equalopportunity. Organizations that receiveassistance under this NOFA must be incompliance with applicable civil rightslaws and Executive Orders.

(e) Outstanding audit or monitoringfindings. No organization that receives

assistance may have serious,unaddressed, outstanding audit ormonitoring findings that directly affectthe proposed program.

(2) Selection criteria. Applicationswill be selected based on the followingcriteria:

(a) HUD will award up to 40 pointsbased on the extent to which theprogram described in the applicationwill achieve the purpose of this NOFA,as demonstrated through:

(i) A coordinated plan, developedwithin the context of a continuum ofcare system, for aggressive outreach tohomeless persons living on the streets,intensive needs assessments, andaddressing housing and service needs;

(ii) The marshaling of existingcommunity resources to meet thehousing and service needs of theseperson; and

(iii) If necessary, the provision ofadditional housing and services.

(b) HUD will award up to 30 pointsbased on the extent to which theapplicant demonstrates the capacity toimplement a program that achieves thepurpose of this NOFA, including thespeed with which the activities willbecome operational. The rating underthis criterion will also consider theDepartment’s knowledge of the priorexperience of the applicant (and anyorganizations that will participate incarrying out the program) in servinghomeless persons and in carrying outprograms similar to those proposed inthe application and the priorperformance of the applicant (and anyorganizations that will participate incarrying out the program) with anyHUD-administered programs.

(c) HUD will award up to 30 pointsbased on the jurisdiction’s need forhomeless assistance, as calculated byHUD from generally available data, andthe extent to which the programdescribed in the application isinnovative and may be replicated ormay serve as a model forimplementation in other jurisdictions.

After scores have been assigned, theapplications will be placed in rankorder. Whether an application isselected will depend on its rankingcompared to other applications, exceptthat HUD reserves the right to selectlower rated applications if necessary toachieve diversity by geography andcommunity type.

III. Application SubmissionRequirements

(A) Instructions for Submitting RequiredItems

(1) Each submission requirement(listed as exhibits in Section (B) below)


must be clearly identified (including theexhibit subparts), and the applicationassembled in the order listed below.After the entire application isassembled, applicants should:

(a) Mark each exhibit with anappropriately numbered tab; and

(b) Number every page of theapplication sequentially.

(2) All reviews will be based on theapplication submission.

(B) Application Submissions

All applications must include thefollowing exhibits:

(1) Exhibit 1 consists of twodocuments that are printed in thisFederal Register as appendices to thisNOFA. The documents may be removedfrom the Federal Register orphotocopied (do not re-type), andsigned by the official authorized to acton behalf of the applicant. The twodocuments are:

(a) SF–424—Application for FederalAssistance (published as Appendix A tothis NOFA); and

(b) Applicant Certifications(published as Appendix B to thisNOFA).

(2) Exhibit 2. Provide on not morethan one page the number of persons inthe jurisdiction who are living on thestreets. Describe the methodology usedto obtain that number and the date(s) ofrelevant data collection.

(3) Exhibit 3. On not more than fivepages:

(a) Describe:(i) A coordinated plan, including a

description of each activity for whichfunding is being requested, foraggressive outreach to homeless personsliving on the streets, intensive needsassessments, connection to existingcommunity resources and, if necessary,providing additional housing andservices; and

(ii) How this plan fits within thejurisdiction’s current system forreaching out and accommodating thehousing and service needs of thesepersons;

(b) In the format shown below,provide a chart with the total grantamount requested for the activitiesdescribed above and for grantadministration, with a breakdown ofgrant amount by activity. (The requestmay not exceed two years of InnovativeProject funding.) The amount requestedfor grant administration may not exceed5 percent of the subtotal for all otheractivities;

Activities Amountrequested

1. ............................................... ...................

Activities Amountrequested

2. ............................................... ...................3. etc. ........................................ ...................4. Activity Subtotal .................... ...................5. Grant Administration (no

more than 5 percent of Activ-ity Subtotal) ........................... ...................

6. Total Request ....................... ...................

(c) Provide a time schedule forcarrying out the activities, frombeginning to end, noting expectednumber of days from execution of thegrant agreement for achievement ofsignificant milestones;

(d) Estimate the number of homelesspersons to be assisted (with InnovativeProject funding) over the life of theproject (i.e., up to two years); and

(e) List the resources, if any, that willbe contributed to the project fromStates, local governments, and theprivate sector (including nonprofitorganizations, foundations, andcommunities), and information on thestatus of any such resources that areessential to the financial feasibility ofthe project.

(4) Exhibit 4. Describe on not morethan two pages the relevant pastexperience (e.g., conducting aggressiveoutreach) of the organization(s) that willimplement the proposed activities incarrying out these types of activities.

(5) Exhibit 5. Describe on not morethan three pages:

(a) The demonstrated willingness andcapacity of the applicant and otherorganizations involved in the project towork cooperatively with all relevantentities to design and implement aninnovative program for helpinghomeless persons move from the streets;and

(b) The extent to which the existingsystems, both public and private, forhomelessness assistance would benefitfrom additional resources to implementa coordinated plan for aggressiveoutreach to homeless persons living onthe streets, and to carry out intensiveneeds assessments.

(6) Exhibit 6. If changes in ajurisdiction’s policy or procedure arenecessary to provide sufficientflexibility and resources to implementand sustain the proposed activities,submit a statement of commitment fromthe jurisdiction to make such changes.

(7) Exhibit 7. Applicants that areprivate nonprofit organizations mustsubmit:

(a) Documentation showing that theapplicant is a certified United Waymember agency: or

(b) A copy of the organization’sInternal Revenue Service (IRS) ruling

providing tax-exempt status underSection 501(c)(3) of the IRS Code of1986, as amended; and a certification onletterhead stationery from the ExecutiveDirector of the organization stating thatthe organization has a functioningaccounting system that meets thecriteria listed below or that theorganization has designated a qualifiedentity (include the name and address inthe documentation) to maintain afunctioning accounting system thatmeets the criteria below. Thecertification must attest that theorganization’s accounting systemprovides for the following:

(i) Accurate, current and completedisclosure of the financial results ofeach federally-sponsored project;

(ii) Records that identify adequatelythe source and application of funds forfederally-sponsored activities;

(iii) Effective control over andaccountability for all funds, propertyand other assets;

(iv) Comparison of outlays withbudget amounts;

(v) Written procedures to minimizethe time elapsing between the transfer offunds to the recipient from the U.S.Treasury and the use of the funds forprogram purposes;

(vi) Written procedures fordetermining the reasonableness,allocability and allowability of costs;and

(vii) Accounting records includingcost accounting records that aresupported by source documentation.

(C) Clarification of ApplicationInformation

In accordance with the provisions of24 CFR part 4, subpart B, HUD maycontact an applicant to seek clarificationof an item in the applicant’s application,or to request additional or missinginformation, but the clarification or therequest for additional or missinginformation shall not relate to items thatwould improve the substantive qualityof the application pertinent to thefunding decision.

(D) Environmental Review

Selection of an application forfunding does not imply HUD approvalof any particular property for use in theproject. HUD will complete anenvironmental review with respect toparticular properties, to the extentrequired under 24 CFR part 50, at thetime the recipient proposes particularproperties for use under the program.The recipient may not commit HUD orlocal funds for acquisition, leasing orphysical development activities underthe program until it receives HUDapproval of the property.


IV. Reporting Requirements

Each grantee will be required tosubmit to HUD a progress report, in aform prescribed by HUD, within 90 daysafter the completion of each operatingyear or within 90 days after the projectis completed if the total project periodis less than twelve months. Each report

shall describe the use of the grant fundsand include a description and ananalysis of the project, the innovativeapproaches taken, and the level ofcooperation among participating parties.

V. Other MattersThe information collection

requirements contained in this notice

have been submitted to the Office ofManagement and Budget under thePaperwork Reduction Act of 1989 (44U.S.C. 3501–3520). The Departmentestimates the information collectionburden hours as follows:

Number ofrespondents

Frequency ofresponses

Hours perresponse

Burdenhours

Application preparation ................................................................................................... 250 1 35 8,750

Environmental ImpactA Finding of No Significant Impact

with respect to the environment wasmade in accordance with HUDregulations that implement section102(2)(C) of the National EnvironmentalPolicy Act of 1969 (42 U.S.C. 4332) atthe time of development of the NOFAfor FY 1994 for Innovative ProjectFunding under the Innovative HomelessInitiatives Demonstration Program. ThatFinding remains applicable to this FY1995 NOFA, and is available for publicinspection during business hours in theOffice of the Rules Docket Clerk, Officeof General Counsel, Room 10276,Department of Housing and UrbanDevelopment, 451 Seventh Street, SW,Washington, DC 20410.

Federalism Executive OrderThe General Counsel, as the

Designated Official under section 6(a) ofExecutive Order 12612, Federalism, hasdetermined that this NOFA will nothave substantial, direct effects on States,on their political subdivisions, or ontheir relationship with the FederalGovernment, or on the distribution ofpower and responsibilities betweenthem and other levels of government.Specifically, the purpose of the fundingunder this NOFA is to provide grants tojurisdictions, or nonprofit organizationsoperating within jurisdictions, forinnovative approaches toward providinga continuum of care system designed toassist homeless persons and preventhomelessness.

Family Executive OrderThe General Counsel, as the

Designated Official under ExecutiveOrder 12606, The Family, hasdetermined that this document mayhave the potential for significantbeneficial impact on family formation,maintenance, and general well-being tothe extent that the activities of granteeswill provide housing to homelesspersons. Since the impact on the familyis considered beneficial, no furtherreview under the Order is necessary.

Prohibition Against Lobbying Activities:The Byrd Amendment

The use of funds awarded under thisNOFA is subject to the disclosurerequirements and prohibitions ofsection 319 of the Department of Interiorand Related Agencies AppropriationsAct for Fiscal Year 1990 (31 U.S.C.1352) (the ‘‘Byrd Amendment’’), and theimplementing regulations at 24 CFR part87. These authorities prohibit recipientsof Federal contracts, grants, or loansfrom using appropriated funds forlobbying the Executive or LegislativeBranches of the Federal Government inconnection with a specific contract,grant, or loan. The prohibition alsocovers the awarding of contracts, grants,cooperative agreements, or loans unlessthe recipient has made an acceptablecertification regarding lobbying. Under24 CFR part 87, applicants, recipients,and subrecipients of assistanceexceeding $100,000, and applicants forFederal commitments exceeding$150,000 must certify that no Federalfunds have been or will be spent onlobbying activities in connection withthe assistance.

Indian Housing Authorities (IHAs)established by an Indian tribe as a resultof the exercise of the tribe’s sovereignpower are excluded from coverage of theByrd Amendment, but IHAs establishedunder State law are not excluded fromthe statute’s coverage.

Prohibition Against Lobbying of HUDPersonnel

Section 13 of the Department ofHousing and Urban Development Act(42 U.S.C. 3537b) contains twoprovisions dealing with efforts toinfluence HUD’s decisions with respectto financial assistance. The first imposesdisclosure requirements on those whoare typically involved in these efforts—those who pay others to influence theaward of assistance or the taking of amanagement action by the Departmentand those who are paid to provide theinfluence. The second restricts thepayment of fees to those who are paid

to influence the award of HUDassistance, if the fees are tied to thenumber of housing units received or arebased on the amount of assistancereceived, or if they are contingent uponthe receipt of assistance. HUD’sregulation implementing section 13 iscodified at 24 CFR part 86. If readers areinvolved in any efforts to influence theDepartment in these ways, they areurged to read the final rule, particularlythe examples contained in Appendix Aof the rule. Appendix A of this rulecontains examples of activities coveredby this rule.

Any questions concerning the ruleshould be directed to the Office ofEthics, Room 2158, Department ofHousing and Urban Development, 451Seventh Street, SW, Washington DC20410. Telephone: (202) 708–3815(voice/TDD). This is not a toll-freenumber. Forms necessary forcompliance with the rule may beobtained from the local HUD office.

Prohibition Against Advance Disclosureof Funding Decisions

HUD’s regulations implementingsection 103 of the Department ofHousing and Urban DevelopmentReform Act (HUD Reform Act) arecodified at 24 CFR part 4 and apply tothe funding competition announcedtoday. The requirements of part 4continue to apply until theannouncement of the selection ofsuccessful applicants.

HUD employees involved in thereview of applications and in themaking of funding decisions arerestrained by part 4 from providingadvance information to any person(other than an authorized employee ofHUD) concerning funding decisions, orfrom otherwise giving any applicant anunfair competitive advantage. Personswho apply for assistance in thiscompetition should confine theirinquiries to the subject areas permittedby 24 CFR part 4.

Applicants who have questionsshould contact the HUD Office of Ethics


(202) 708–3815 (voice/TDD). (This isnot a toll-free number.) The Office ofEthics can provide information of ageneral nature to HUD employees, aswell. However, a HUD employee whohas specific program questions, such aswhether particular subject matter can bediscussed with persons outside theDepartment, should contact his or herField Office Counsel, or HeadquartersCounsel for the program to which thequestion pertains.

Accountability in the Provision of HUDAssistance

HUD’s regulation implementingsection 102 of the HUD Reform Act iscodified at 24 CFR part 12. Section 102contains a number of provisions that aredesigned to ensure greateraccountability and integrity in theprovision of certain types of assistanceadministered by HUD. On January 16,1992 (57 FR 1942), followingpublication of the final rule, HUDpublished additional information thatgave the public (including applicantsfor, and recipients of, HUD assistance)further information on theimplementation, public access, and

disclosure requirements of section 102.The requirements of section 102 areapplicable to assistance awarded underthis NOFA.

a. Document and Public AccessRequirements

HUD will ensure documentation andother information regarding eachapplication submitted pursuant to thisNOFA are sufficient to indicate the basisupon which assistance was provided ordenied. This material, including anyletters of support, will be madeavailable for public inspection for a five-year period beginning not less than 30days after the award of the assistance.Material will be made available inaccordance with the Freedom ofInformation Act (5 U.S.C. 552) andHUD’s implementing regulations at 24CFR part 15. In addition, HUD willinclude the recipients of assistancepursuant to this NOFA in its FederalRegister notice of all recipients of HUDassistance awarded on a competitivebasis. (See 24 CFR 12.14(a) and 12.6(b),and the notice published in the FederalRegister on January 16, 1992 (57 FR

1942) for further information on theserequirements.

b. Disclosures

HUD will make available to the publicfor five years all applicant disclosurereports (HUD Form 2880) submitted inconnection with this NOFA. Updatereports (also Form 2880) will be madeavailable along with the applicantdisclosure reports, but in no case for aperiod less than three years.

All reports—both applicantdisclosures and updates—will be madeavailable in accordance with theFreedom of Information Act (5 U.S.C.552) and HUD’s implementingregulations at 24 CFR part 15. (See 24CFR part 15, subpart C, and the noticepublished in the Federal Register onJanuary 16, 1993 (57 FR 1942) forfurther information on these disclosurerequirements.

Dated: January 18, 1995.Andrew Cuomo,Assistant Secretary for Community Planningand Development.



Appendix B—Applicant Certifications

The Applicant hereby assures andcertifies that:

1. It will comply with:a. Title VI of the Civil Rights Act of

1964 (42 U.S.C. 2000(d)) and regulationspursuant thereto (Title 24 CFR part I),which state that no person in the UnitedStates shall, on the ground of race, coloror national origin, be excluded fromparticipation in, be denied the benefitsof, or be otherwise subjected todiscrimination under any program oractivity for which the applicant receivesfinancial assistance, and willimmediately take any measuresnecessary to effectuate this agreement.With reference to the real property andstructure(s) thereon which are providedor improved with the aid of Federalfinancial assistance extended to theapplicant, this assurance shall obligatethe applicant, or in the case of anytransfer, the transferee, for the periodduring which the real property andstructure(s) are used for a purpose forwhich the Federal financial assistance isextended or for another purposeinvolving the provision of similarservices or benefits.

b. The Fair Housing Act (42 U.S.C.3601–19) and the implementingregulations at 24 CFR part 100, whichprohibit discrimination in housing onthe basis of race, color, religion, sex,handicap, familial status or nationalorigin, and administer its programs andactivities relating to housing in amanner to affirmatively further fairhousing. For Indian tribes, it willcomply with the Indian Civil Rights Act(25 U.S.C. 1301 et seq.), instead of TitleVI and the Fair Housing Act and theirimplementing regulations.

c. Executive Order 11063 on EqualOpportunity in Housing, as amended byExecutive Order 12892 (59 FR 2939) andthe implementing regulations at 24 CFRpart 107 which prohibit discriminationbecause of race, color, creed, sex ornational origin in housing and relatedfacilities provided with Federalfinancial assistance.

d. Executive Order 11246 on EqualOpportunity in Employment (3 CFR1964–1965, Comp., p. 339) and theimplementing regulations at 41 CFR part61, which state that no person shall bediscriminated against on the basis ofrace, color, religion, sex or nationalorigin in all phases of employmentduring the performance of Federalcontracts and shall take affirmativeaction to ensure equal employmentopportunity. The applicant willincorporate, or cause to be incorporated,into any contract for construction workas defined in Section 130.5 of HUD

regulations the equal opportunity clauserequired by Section 130.15(b) of theHUD regulations.

e. Section 3 of the Housing and UrbanDevelopment Act of 1968, as amended(12 U.S.C. 1701(u)), and theimplementing regulations at 24 CFR part135), which require that to the greatestextent feasible, employment, trainingand contract opportunities arising inconnection with the expenditure ofHUD assistance covered by section 3 begiven to low-income and very low-income persons and the businessconcerns identified in the part 135regulations.

f. Section 504 of the RehabilitationAct of 1973 (29 U.S.C. 794), asamended, and the implementingregulations at 24 CFR part 8, whichprohibit discrimination based onhandicap in Federally-assisted andconducted programs and activities.

g. The Age Discrimination Act of 1975(42 U.S.C. 6101–07), as amended, andthe implementing regulations at 24 CFRpart 146, which prohibit discriminationbecause of age in projects and activitiesreceiving Federal financial assistance.

h. Executive Orders 11625, 12432,and 12138, which state that programparticipants shall take affirmative actionto encourage participation by businessesowned and operated by members ofminority groups and women.

If persons of any particular race,color, religion, sex, age, national origin,familial status, or handicap who mayqualify for assistance are unlikely to bereached, it will establish additionalprocedures to ensure that interestedpersons can obtain informationconcerning the assistance.

i. The reasonable modification andaccommodation requirements of the FairHousing Act and, as appropriate, theaccessibility requirements of the FairHousing Act and section 504 of theRehabilitation Act of 1973, as amended.

2. It will provide drug-free workplacesin accordance with the Drug-FreeWorkplace Act of 1988 (41 U.S.C. 701)by:

a. Publishing a statement notifyingemployees that the unlawfulmanufacture, distribution, dispensing,possession, or use of a controlledsubstance is prohibited in the grantee’sworkplace and specifying the actionsthat will be taken against employees forviolation of such prohibition;

b. Establishing an ongoing drug-freeawareness program to inform employeesabout—

(1) the dangers of drug abuse in theworkplace;

(2) the grantee’s policy of maintaininga drug-free workplace;

(3) any available drug counseling,rehabilitation, and employee assistanceprograms; and

(4) the penalties that may be imposedupon employees for drug abuseviolations occurring in the workplace;

c. Making it a requirement that eachemployee to be engaged in theperformance of the grant be given a copyof the statement required by paragrapha;

d. Notifying the employee in thestatement required by paragraph a that,as a condition of employment under thegrant, the employee will—

(1) abide by the terms of thestatement; and

(2) notify the employer in writing ofhis or her conviction for a violation ofa criminal drug statute occurring in theworkplace no later than five calendardays after such conviction;

e. Notifying the agency in writing,within ten calendar days after receivingnotice under subparagraph d(2) from anemployee or otherwise receiving actualnotice of such conviction. Employers ofconvicted employees must providenotice, including position title, to everygrant officer or other designee on whosegrant activity the convicted employeewas working, unless the Federal agencyhas designated a central point for thereceipt of such notices. Notice shallinclude the identification number(s) ofeach affected grant;

f. Taking one of the following actions,within 30 calendar days of receivingnotice under subparagraph d(2), withrespect to any employee who is soconvicted—

(1) taking appropriate personnelaction against such an employee, up toand including termination, consistentwith the requirements of theRehabilitation Act of 1973, as amended;or

(2) requiring such employee toparticipate satisfactorily in a drug abuseassistance or rehabilitation programapproved for such purposes by aFederal, State, or local health, lawenforcement, or other appropriateagency;

g. Making a good faith effort tocontinue to maintain a drug-freeworkplace through implementation ofparagraphs a, b, c, d, e and f;

h. Providing the street address, city,county, state, and zip code for the siteor sites where the performance of workin connection with the grant will takeplace. For some applicants who havefunctions carried out by employees inseveral departments or offices, morethan one location may need to bespecified. It is further recognized thatStates and other applicants who becomegrantees may add or change sites as a


result of changes to program activitiesduring the course of grant-fundedactivities. Grantees, in such cases, arerequired to advise the HUD Field Officeby submitting a revised ‘‘Place ofPerformance’’ form. The period coveredby the certification extends until allfunds under the specific grant have beenexpended.

3. It will comply with the UniformRelocation Assistance and Real PropertyAcquisition Policies Act of 1970, asamended, and the implementingregulations at 49 CFR part 24.

4. It will comply with therequirements of the Lead-Based PaintPoisoning Prevention Act, 42 U.S.C.4821–4846, and implementingregulations at 24 CFR part 35.

5. It will (i) not enter into a contractfor, or otherwise commit HUD or localfunds for, acquisition, rehabilitation,conversion, lease, repair, orconstruction of property to providehousing under the program, prior toHUD’s completion of an environmentalreview in accordance with 24 CFR part50 and HUD’s approval of theapplication; (ii) supply HUD withinformation necessary for HUD toperform any applicable environmentalreview when requested; and (iii) carryout mitigating measures required byHUD or ensure that alternate sites areutilized.

6. The applicant certifies that:a. No Federally appropriated funds

have been paid or will be paid, by or onbehalf of the undersigned, to any personfor influencing or attempting toinfluence an officer or employee of anyagency, a Member of Congress, anofficer or employee of Congress, or anemployee of a Member of Congress inconnection with the awarding of anyFederal contract, the making of anyFederal grant, the making of any Federalloan, the entering into of anycooperative agreement, and theextension, continuation, renewal,amendment, or modification of anyFederal contract, grant, loan, orcooperative agreement.

b. If any funds other than Federallyappropriated funds have been paid orwill be paid to any person forinfluencing or attempting to influencean officer or employee of any agency, aMember of Congress, an officer oremployee of Congress, or an employeeof a Member of Congress in connectionwith this Federal contract, grant, loan,or cooperative agreement, theundersigned shall complete and submitStandard Form-LLL, ‘‘Disclosure Formto Report Lobbying,’’ in accordance withits instructions.

c. The language of this certificationshall be included in the award

documents for all subawards at all tiers(including subcontracts, subgrants, andcontracts under grants, loans, andcooperative agreements) and that allsubrecipients shall certify and discloseaccordingly.

This certification is a materialrepresentation of fact upon whichreliance was placed when thistransaction was made or entered into.Submission of this certification is aprerequisite for making or entering intothis transaction imposed by section1352, title 31, U.S. Code. Any personwho fails to file the requiredcertification shall be subject to a civilpenalty of not less than $10,000 and ofmore than $100,000 for each suchfailure.

7. For private nonprofit applicants,the applicant certifies that members ofits Board of Directors serve in avoluntary capacity and receive nocompensation, other thanreimbursement for expenses, for theirservices.

8. The applicant certifies that it andits principals (see 24 CFR 24.105(p)):

a. Are not presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarilyexcluded from covered transactions (see24 CFR 24.110) by any Federaldepartment or agency;

b. Have not within a three-year periodpreceding this proposal been convictedof or had a civil judgment renderedagainst them for commission ofembezzlement, theft, forgery, bribery,falsification or destruction of records,making false statements, or receivingstolen property;

c. Are not presently indicted for orotherwise criminally or civilly chargedby a governmental entity (Federal, Stateor local) with commission of any of theoffenses enumerated in (b) of thiscertification; and

d. Have not within a three-year periodpreceding this application/proposal hadone or more public transactions(Federal, State or local) terminated forcause or default.

Where the applicant is unable tocertify to any of the statements in thiscertification, the applicant shall attachan explanation behind this page.

Signature of Authorized CertifyingOfficial:lllllllllllllllllllll

Title:

lllllllllllllllllllll

Applicant: Date:

Appendix C—HUD Field Offices

Telephone numbers forTelecommunications Devices for theDeaf (TDD machines) are listed for field

offices; all HUD numbers, includingthose noted *, may be reached via TDDby dialing the Federal Information RelayService on 1–800–877–TDDY or (1–800–877–8339) or (202) 708–9300.

Alabama

John D. Harmon, Beacon Ridge Tower,600 Beacon Pkwy. West, Suite 300,Birmingham, AL 35209–3144; (205)290–7645; TDD (205) 290–7624.

Alaska

Dean Zinck, 949 E. 36th Avenue, Suite401, Anchorage, AK 99508–4399;(907) 271–3669; TDD (907) 271–4328.

Arizona

Lou Kislin, 400 N. 5th St., Suite 1600,Arizona Center, Phoenix AZ 85004;(602) 379–4754; TDD (602) 379–4461.

Arkansas

Billy M. Parsley, TCBY Tower, 425 WestCapitol Ave., Suite 900, Little Rock,AR 72201–3488; (501) 324–6375; TDD(501) 324–5931.

California

(Southern) Herbert L. Roberts, 1615 W.Olympic Blvd., Los Angeles, CA90015–3801; (213) 251–7235; TDD(213) 251–7038.

(Northern) Steve Sachs, 450 GoldenGate Ave., P.O. Box 36003, SanFrancisco, CA 94102–3448; (415) 556–5576; TDD (415) 556–8357.

Colorado

Sharon Jewell, First Interstate TowerNorth, 633 17th St., Denver, CO80202–3607; (303) 672–5414; TDD(303) 672–5248.

Connecticut

Daniel Kolesar, 330 Main St., Hartford,CT 06106–1860; (203) 240–4508; TDD(203) 240–4522.

Delaware

John Kane, Liberty Sq. Bldg., 105 S. 7thSt., Philadelphia, PA 19106–3392;(215) 597–2665; TDD (215) 597–5564.

District of Columbia

James H. McDaniel, 820 First St., NE,Washington, DC (and MD and VAsuburbs) 20002; (202) 275–0994; TDD(202) 275–0772.

Florida

James N. Nichol, 301 West Bay St., Suite2200, Jacksonville, FL 32202–5121;(904) 232–3587; TDD (904) 791–1241.

Miami-So. Dade

Richard P. Garrabrant, South DadeCounty Government Annex, Room1400, 10710 SW 211 Street, Miami, FL33189; (303) 238–2851.


Georgia

John Perry, Russell Fed. Bldg., Room688, 75 Spring St., SW, Atlanta, GA30303–3388; (404) 331–5139; TDD(404) 730–2654.

Hawaii (and Pacific)

Patti A. Nicholas, 7 Waterfront Plaza,Suite 500, 500 Ala Moana Blvd.,Honolulu, HI 96813–4918; (808) 522–8180; TDD (808) 541–1356.

Idaho

John G. Bonham, 520 SW 6th Ave.,Portland, OR 97204–1596 (503) 326–7018; TDD * via 1–800–877–8339.

Illinois

Jim Barnes, 77 W. Jackson Blvd.,Chicago, IL 60604–3507; (312) 353–1696; TDD (312) 353–7143.

Indiana

Robert F. Poffenberger, 151 N. DelawareSt., Indianapolis, IN 46204–2526;(317) 226–5169; TDD * via 1–800–877–8339.

Iowa

Gregory A. Bevirt, Executive TowerCentre, 10909 Mill Valley Road,Omaha, NE 68154–3955; (402) 492–3144; TDD (402) 492–3183.

Kansas

William Rotert, Gateway Towers 2, 400State Ave., Kansas City, KS 66101–2406; (913) 551–5484; TDD (913) 551–6972.

Kentucky

Ben Cook, P.O. Box 1044, 601 W.Broadway, Louisville, KY 40201–1044; (502) 582–5394; TDD (502) 582–5139.

Louisiana

Greg Hamilton, P.O. Box 70288, 1661Canal St., New Orleans, LA 70112–2887; (504) 589–7212; TDD (504) 589–7237.

Maine

David Lafond, Norris Cotton Fed. Bldg.,275 Chestnut St., Manchester, NH03101–2487; (603) 666–7640; TDD(603) 666–7518.

Maryland

Harold Young, 10 South Howard Street,5th Floor, Baltimore, MD 21202–0000;(410) 962–2520 x3116; TDD (410)962–0106.

Massachusetts

Frank Del Vecchio, Thomas P. O’Neill,Jr., Fed. Bldg., 10 Causeway St.,Boston, MA 02222–1092; (617) 565–5342; TDD (617) 565–5453.

MichiganRichard Paul, Patrick McNamara Bldg.,

477 Michigan Ave., Detroit, MI48226–2592; (313) 226–4343; TDD *via 1–800–877–8339.

MinnesotaShawn Huckleby, 220 2nd St. South,

Minneapolis, MN 55401–2195; (612)370–3019; TDD (612) 370–3186.

MississippiJeanie E. Smith, Dr. A. H. McCoy Fed.

Bldg., 100 W. Capitol St., Room 910,Jackson, MS 39269–1096; (601) 965–4765; TDD (601) 965–4171.

Missouri(Eastern) David H. Long, 1222 Spruce

St., St. Louis, MO 63103–2836; (314)539–6524; TDD (314) 539–6331.

(Western) William Rotert, GatewayTowers 2, 400 State Ave., Kansas City,KS 66101–2406; (913) 551–5484; TDD(913) 551–6972.

MontanaSharon Jewell, First Interstate Tower

North, 633 17th St., Denver, CO80202–3607; (303) 672–5414; TDD(303) 672–5248.

NebraskaGregory A. Bevirt, Executive Tower

Centre, 10909 Mill Valley Road,Omaha, NE 68154–3955; (402) 492–3144; TDD (402) 492–3183.

Nevada(Las Vegas, Clark Cnty) Lou Kislin, 400

N. 5th St., Suite 1600, 2 ArizonaCenter, Phoenix, AZ 85004; (602)379–4754; TDD (602) 379–4461.

(Remainder of State) Steve Sachs, 450Golden Gate Ave., P.O. Box 36003,San Francisco, CA 94102–3448; (415)556–5576; TDD (415) 556–8357.

New HampshireDavid Lafond, Norris Cotton Fed. Bldg.,

275 Chestnut St., Manchester, NH03101–2487; (603) 666–7640; TDD(603) 666–7518.

New JerseyFrank Sagarese, 1 Newark Center,

Newark, NJ 07102; (201) 622–7900;TDD (201) 645–3298.

New MexicoKatie Worsham, 1600 Throckmorton,

P.O. Box 2905, Fort Worth, TX 76113–2905; (817) 885–5483; TDD (817) 885–5447.

New York(Upstate) Michael F. Merrill, Lafayette

Ct., 465 Main St., Buffalo, NY 14203–1780; (716) 846–5768; TDD * via 1–800–877–8339.

(Downstate) Jack Johnson, 26 FederalPlaza, New York, NY 10278–0068;(212) 264–2885; TDD (212) 264–0927.

North Carolina

Charles T. Ferebee, Koger Building,2306 West Meadowview Road,Greensboro, NC 27407; (910) 547–4005; TDD (910) 547–4055.

North Dakota


Ohio

Jack E. Riordan, 200 North High St.,Columbus, OH 43215–2499; (614)469–6743; TDD (614) 469–6694.

Oklahoma

Ted Allen, Murrah Fed. Bldg., 200 NW5th St., Oklahoma City, OK 73102–3202; (405) 231–4973; TDD (405) 231–4181.

Oregon

John G. Bonham, 520 SW 6th Ave.,Portland, OR 97204–1596 (503) 326–7018; TDD * via 1–800–877–8339.

Pennsylvania

(Western) Bruce Crawford, Old PostOffice and Courthouse Bldg., 700Grant St., Pittsburgh, PA 15219–1906;(412) 644–5493; TDD (412) 644–5747.

(Eastern) Joyce Gaskins, Liberty Sq.Bldg., 105 S. 7th St., Philadelphia, PA19106–3392; (215) 597–2665; TDD(215) 597–5564.

Puerto Rico (and Caribbean)

Carmen R. Cabrera, 159 Carlos ChardonAve., San Juan, PR 00918–1804; (809)766–5576; TDD (809) 766–5909.

Rhode Island

Frank Del Vecchio, Thomas P. O’Neill,Jr., Fed. Bldg., 10 Causeway St.,Boston, MA 02222–1092; (617) 565–5342; TDD (617) 565–5453.

South Carolina

Louis E. Bradley, Fed. Bldg., 1835–45Assembly St., Columbia, SC 29201–2480; (803) 765–5564; TDD * via 1–800–877–8339.

South Dakota


Tennessee

Virginia Peck, 710 Locust St., Knoxville,TN 37902–2526; (615) 545–4396; TDD(615) 545–4559.


Texas(Northern) Katie Worsham, 1600

Throckmorton, P.O. Box 2905, FortWorth, TX 76113–2905; (817) 885–5483; TDD (817) 885–5447.

(Southern) John T. Maldonado,Washington Sq., 800 Dolorosa, SanAntonio, TX 78207–4563; (210) 229–6820; TDD (210) 229–6885.

UtahSharon Jewell, First Interstate Tower

North, 633 17th St., Denver, CO80202–3607; (303) 672–5414; TDD(303) 672–5248.

VermontDavid Lafond, Norris Cotton Fed. Bldg.,

275 Chestnut St., Manchester, NH

03101–2487; (603) 666–7640; TDD(603) 666–7518.

Virginia

Joseph Aversano, 3600 W. Broad St.,P.O. Box 90331, Richmond, VA23230–0331; (804) 278–4503; TDD(804) 278–4501.

Washington

John Peters, Federal Office Bldg., 909First Ave., Suite 200, Seattle, WA98104–1000; (206) 220–5150; TDD(206) 220–5185.

West Virginia

Bruce Crawford, Old Post Office &Courthouse Bldg., 700 Grant St.,

Pittsburgh, PA 15219–1906; (412)644–5493; TDD (412) 644–5747.

Wisconsin

Lana J. Vacha, Henry Reuss Fed. Plaza,310 W. Wisconsin Ave., Ste. 1380,Milwaukee, WI 53203–2289; (414)297–3113; TDD * via 1–800–877–8339.

Wyoming


[FR Doc. 95–1793 Filed 1–24–95; 8:45 am]


fede

ral r

egiste

r

5009


Part IV

Department ofHousing and UrbanDevelopmentOffice of the Assistant Secretary forCommunity Planning and Development

Consolidated Formula Allocations for theCommunity Development Block Grant,HOME Investment Partnerships,Emergency Shelter Grants, and HousingOpportunities for Persons With AIDSPrograms for Fiscal Year 1995; Notice



Office of the Assistant Secretary forCommunity Planning andDevelopment

[Docket No. N–95–3860; FR 3848–N–01]

Notice of Fiscal Year 1995Consolidated Formula Allocations forthe Community Development BlockGrant (CDBG), HOME InvestmentPartnerships (HOME), EmergencyShelter Grants (ESG), and HousingOpportunities for Persons With AIDS(HOPWA) Programs

AGENCY: Office of the AssistantSecretary for Community Planning andDevelopment (HUD).ACTION: Notice of fiscal year 1995consolidated formula allocations for theCommunity Development Block Grant(CDBG), HOME Investment Partnerships(HOME), Emergency Shelter Grants(ESG), and Housing Opportunities forPersons with AIDS (HOPWA) programs.This Notice also contains thereallocation of Fiscal Year 1994 CDBGfunds.

SUMMARY: Prior to Fiscal Year 1995,HUD announced CDBG, HOME, ESG,and HOPWA formula allocationsseparately. Beginning in Fiscal Year1995, HUD will announce the totalamount which State and localjurisdictions are eligible to receiveunder a consolidated formula allocation.The announcement of consolidatedformula allocations reflects theDepartment’s commitment to theConsolidated Plan concept which wasdeveloped in joint partnership withstate and local governments to addresslocal problems more comprehensively.

This Notice announces the total FiscalYear 1995 consolidated formulaallocations of CDBG, HOME, ESG, andHOPWA funds for metropolitan cities,urban counties, consortia of units ofgeneral local government, and States inthe following respective allocationamounts: CDBG $4,485,000,000; HOME$1,336,200,000; ESG $154,918,000; andHOPWA $167,400,000. The formulaallocations are depicted in the matrixtable in Appendix A which identifies byjurisdiction the dollar amount for eachformula program.

Appendix B contains the Fiscal Year1995 reallocation of $4,599,800 in FiscalYear 1994 CDBG funds. Since noHOME, ESG, and HOPWA funds areavailable for reallocation in Fiscal Year1995, no reallocations will be made. Forthe HOME program, if funds becomeavailable for reallocation in Fiscal Year1995, the reallocations will be done in

compliance with subpart J of the HOMEprogram regulations.

Appendix C contains the Fiscal Year1995 HOME program match reductionsfor localities and Appendix D containsthe Fiscal Year 1995 HOME programmatch reductions for States.

Appendix E contains the names,addresses, and telephone numbers ofHUD’s Field Office CommunityDevelopment Directors.

CONSOLIDATED PLAN SUBMISSIONREQUIREMENTS: The ‘‘ConsolidatedSubmission for Community Planningand Development Programs’’ final rule,published on December 30, 1994, andcodified at 24 CFR part 91 amends theDepartment’s existing regulations byconsolidating the planning, application,and reporting of the Department’sCDBG, HOME, ESG, and HOPWAprograms into a single submission.Jurisdictions should reference theConsolidated Plan final rule, and theapplicable regulations governing eachformula program for specific guidancewith respect to application submissionprocedures.

The Department has indicatedpreviously its intent to apply the newConsolidated Plan rule to Fiscal Year1995 funding. A jurisdiction shouldsubmit its consolidated plan to HUD atleast 45 days before the start of itsprogram year.

A jurisdiction must have aConsolidated Plan that is approved byHUD as a prerequisite to receiving fundsdirectly from HUD with respect to eachof these formula programs unless awaiver request has been submitted andapproved by the local HUD Field Office.The HUD Field Office may grant ajurisdiction an exception from filing allor part of the consolidated plan forFiscal Year 1995, from the submissiondeadline, or from procedures specifiedin the implementation guidelines forgood cause to the extent the requirementis not required by statute. The exceptionmust be reported in writing to HUDHeadquarters and should identify analternative submission date for theconsolidated plan.

FOR FURTHER INFORMATION CONTACT:Appendix E contains the name, address,and telephone number of each localHUD Field Office Community Planningand Development (CPD) DivisionDirector. Hearing- or speech-impairedindividuals may call HUD’s TDDnumber (202) 708–9300 (This is not atoll-free number) or 1–800–877–8339(This is a toll free number).


Community Development Block Grant(CDBG)

The FY 1995 appropriation for theCDBG Program is $4,485,000,000. In FY1995, CDBG allocations are being madeto a total of 808 metropolitan cities and138 urban counties.

Six metropolitan cities have beenqualified as new entitlementcommunities: Camarillo, CA; Pittsburg,CA; Palm Bay, FL; Taunton, MA; Lee’sSummit, MO; and Hattiesburg, MS. Thefollowing three new urban countieshave been qualified: McHenry County,IL; Cumberland County, NC; andBrazoria County, TX.

The following nineteen metropolitancities that have elected to become jointrecipients with an urban county inFiscal Year 1995 for the CDBG program:Cerritos, CA (Los Angeles Co.); MissionViejo, CA (Orange Co.); Redlands, CA(San Bernardino Co.); Rialto, CA (SanBernardino Co.); Yorba Linda, CA(Orange Co.); Coral Springs, FL(Broward Co.); Plantation, FL (BrowardCo.); Marietta, GA (Cobb Co.); Belleville,IL (St. Clair Co.); Berwyn, IL (Cook Co.);Chicago Heights, IL (Cook Co.);Wheaton, IL (Du Page Co.); RochesterHills, MI (Oakland Co.); Troy, MI(Oakland Co.); North Las Vegas, NV(Clark Co.); Clay Town, NY (OnondagaCo.); West Seneca Town, NY (Erie Co.);Federal Way, WA (King Co.); andWaukesha, WI (Waukesha Co.).

HOME Investment Partnerships(HOME)

The FY 1995 appropriation for theHOME Program is $1.4 billion. Of thatamount, 0.2 percent ($2,800,000) is forgrants to insular areas and one percent($14,000,000) is for grants to Indiantribes. In addition, the Department issetting aside $47 million for technicalassistance, of which $25 million is forcommunity housing partnershipactivities and $22 million is foractivities in support of State and localhousing strategies. The remaining$1,336,200,000 is allocated by formulato eligible cities, urban counties,consortia of units of local government,and to States.

Of the $1,336,200,000 available forallocation, 60 percent has been allocatedto cities, urban counties and consortia ofunits of local government and 40percent has been allocated to States. Toreceive a formula allocation in FiscalYear 1995, a locality must have aformula amount of $335,000 or more.Each State is guaranteed an allocation ofat least $3,000,000.

Appendix A contains the formulaallocations for States and metropolitan


cities, urban counties, and consortia thatreceive HOME allocations. To receive itsallocation, a jurisdiction must bedesignated as a participatingjurisdiction.

If a jurisdiction has not yet beendesignated as a participatingjurisdiction, it must comply with therequirements of 24 CFR 92.103 through92.105 of the HOME Programregulations. This includes submitting awritten notification of intent toparticipate in the HOME Program to theCommunity Planning and DevelopmentDivision in the appropriate HUD FieldOffice by February 24, 1995 andsubmitting a consolidated plan to thatoffice within 90 days of submitting itsnotice of intent.

Note: A jurisdiction which has not yet beendesignated as a participating jurisdiction andwhose allocation is less than $500,000 mustmeet the participation threshold requirementto be designated a participating jurisdiction,as required by 24 CFR 92.102 and 92.103.

To receive its allocation, a jurisdictionthat is already a participatingjurisdiction in the HOME Program mustsubmit a consolidated plan inaccordance with 24 CFR part 91 to theCPD Division Director in theappropriate HUD Field Office. Theconsolidated plan is to be submitted atleast 45 days before the start of thejurisdiction’s program year, as requiredby 24 CFR 91.10 and 91.15.

Matching Contribution Requirement

(A) Amount of Matching Contribution

Starting with Fiscal Year 1993 funds,participating jurisdictions must makecontributions to housing that qualifiesas affordable housing under the HOMEProgram. During a fiscal year, thecontributions must total not less than 25percent of the HOME funds spent in thatfiscal year for project costs, unless theparticipating jurisdiction has received areduction in the match requirement.Eligible forms of matching contributionare listed at 24 CFR 92.220.

(B) Value of Donated or Voluntary Labor

For Fiscal Year 1995, the rate for thevalue of donated or voluntary laborcontributed as match is $10 per hour(See 24 CFR 92.220(a)(6)).

(C) Reduction for Fiscal Distress

Section 92.222 provides for a 50percent reduction in the matchrequirement for jurisdictions that are infiscal distress and a 100 percentreduction in the match requirement forjurisdictions that are in severe fiscaldistress.

Appendix C lists all localjurisdictions eligible for a formula

allocation in Fiscal Year 1995 andindicates which are in fiscal distress orsevere fiscal distress. The localjurisdictions which meet one of thedistress criteria are determined to be infiscal distress and receive a 50 percentreduction of match. Those jurisdictionswhich satisfy both of the distress criteriaare determined to be in severe fiscaldistress and receive a 100 percentreduction in match.

Appendix D lists the States, includingthe District of Columbia and PuertoRico, which are defined as States by theHOME statute, and indicates which arein fiscal distress or severe fiscal distress.States that satisfy one of the criteria areconsidered in fiscal distress and receivea 50 percent match reduction. Statesthat satisfy at least two of the threedistress criteria are considered in severefiscal distress and receive a 100 percentmatch reduction.

This year the poverty criterion hastwo parts—the first is based on percentof families in poverty and the second isbased on percent of families and elderlyhouseholds in poverty. If a jurisdiction’spoverty rate is 125 percent or more ofthe average national poverty rate undereither or both parts, the jurisdictionqualifies as being distressed based onthe poverty criterion. In 1990 (the latestyear for which information is available)the average national rate for families inpoverty was 10.6 percent and forfamilies plus elderly households inpoverty the average national rate was12.5 percent. Thus, for a jurisdiction toqualify as distressed based on poverty,its percent of families in poverty mustbe 13.2 percent or higher and/or thepercent of families in poverty pluselderly households in poverty must be15.6 percent or higher.

To qualify under the per capitaincome (PCI) criterion, the PCI for thejurisdiction must be less than 75 percentof the national average (which was$14,277 in 1989—latest available data)or less than $10,708.

For States, to qualify under thepersonal income growth rate, the State’srate must be less than 75 percent of theaverage national personal incomegrowth rate during the most recent fourquarters. The average national personalincome growth rate from the secondquarter of 1993 to the end of the secondquarter of 1994 was 5.5 percent. Thus,for a State to qualify under this factor,its income growth rate for that periodmust be 4.0 percent or less.

The period of match reduction underthis Notice is for Fiscal Years 1995 and1996. However, participatingjurisdictions that received a 100%match reduction in Fiscal Year 1994will continue to receive a 100% match

reduction for Fiscal Year 1995.Participating jurisdictions that receiveda 50% match reduction in Fiscal Year1994 will continue to receive a 50%match reduction in Fiscal Year 1995,unless the participating jurisdiction isdetermined to be in severe fiscal distressin Fiscal Year 1995. In that case, theparticipating jurisdiction will receive a100% reduction for Fiscal Years 1995and 1996. (See 24 CFR 92.222(a) (3) and(4)).

Emergency Shelter Grants (ESG)The FY 1995 appropriation for the

ESG Program is $156,800,000. The ESGprogram allocation includes astatutorily-mandated set-aside of onepercent of the total ESG programappropriation, or $1,568,000, forcompetitive distribution to Indiantribes, bands, groups or nations and anyAlaskan Native Village of the UnitedStates and a statutorily-mandated set-aside of two-tenths of one percent of thetotal ESG program appropriation, or$314,000, for distribution to U.S.Territories. This leaves an appropriationof $154,918,000 to be allocated byformula.

To receive an ESG formula allocation,a community’s share generally must begreater than or equal to 0.05 percent ofthe total ESG appropriation (.0005 x$156,800,000 = $79,000). The deletionsresulted when these communities’ shareof the total amount of ESG fundsavailable dropped below the statutory.05 percent required for a minimumgrant size.

Since ESG eligibility and allocationsare based upon the prior year’s CDBGallocation, the shifts that occur lag thosethat took place in CDBG between FiscalYears 1993 and 1994. For Fiscal Year1995, the following four jurisdictionshave been added to the ESG allocationlist as eligible grant recipients: RocklandCounty, NY; San Luis Obispo County,CA; Cayey, PR; and Fort Bend County,TX. The following five jurisdictionshave been removed from the allocationlist: Alameda County, CA; Salinas, CA;Manchester, NH; Onondaga County, NY;and Clark County, WA.

Housing Opportunities for Persons WithAIDS (HOPWA)

The FY 1995 appropriation for theHOPWA Program is $186,000,000, ofwhich $167,000,000 will be available forformula allocation. Allocations arebeing made by this Notice for 66 grants,including 43 Eligible MetropolitanStatistical Areas (EMSAs) and 23 States.States and metropolitan areas over500,000 population that have more than1,500 reported cases of AIDS qualify forformula allocations constituting 90


percent of appropriated funds. Theremaining 10 percent of the funds willbe awarded to States, local governments,and nonprofit organizations throughnational competition. The remainingappropriation of $18,600,000 will beawarded by a competitive process.

The most populous city in an EMSAqualifies to serve as the applicant forfunds allocated to that metropolitanarea. The applicant will be responsiblefor using these funds to address needsthroughout the metropolitan area andcoordinate activities with otherjurisdictions and HIV/AIDS

organizations in that area. HOPWAformula grants to States are made forareas outside of any EMSA in that State.


Andrew Cuomo,Assistant Secretary for Community Planningand Development.

APPENDIX A.—FY 1995 FORMULA ALLOCATIONS

[Amounts in $000]

Jurisdiction Total CDBG HOME ESG HOPWA

State: AlabamaAnniston ......................................................................... 833 833 0 0 0Bessemer ...................................................................... 982 982 0 0 0Birmingham ................................................................... 11,340 8,859 2,137 344 0Decatur .......................................................................... 591 591 0 0 0Dothan ........................................................................... 824 824 0 0 0Florence ......................................................................... 535 535 0 0 0Gadsden ........................................................................ 1,459 1,459 0 0 0Huntsville ....................................................................... 2,553 1,895 658 0 0Mobile ............................................................................ 5,260 3,647 1,472 141 0Montgomery ................................................................... 4,314 3,088 1,106 120 0Tuscaloosa .................................................................... 2,101 1,502 599 0 0Jefferson Co .................................................................. 4,344 3,219 996 129 0State of Alabama ........................................................... 50,552 34,816 13,215 1,624 897

Subtotal ...................................................................... 85,688 62,250 20,183 2,358 897

State: AlaskaAnchorage ..................................................................... 3,457 2,450 924 83 0State of Alaska .............................................................. 6,382 3,289 3,000 93 0

Subtotal ...................................................................... 9,839 5,739 3,924 176 0

State: ArizonaChandler ........................................................................ 1,187 1,187 0 0 0Glendale ........................................................................ 2,074 2,074 0 0 0Mesa .............................................................................. 3,671 3,559 0 112 0Peoria City ..................................................................... 554 554 0 0 0Phoenix .......................................................................... 21,879 16,054 4,460 538 827Scottsdale ...................................................................... 1,049 1,049 0 0 0Tempe ........................................................................... 1,994 1,994 0 0 0Tucson ........................................................................... 8,314 8,039 0 275 0Yuma ............................................................................. 1,057 1,057 0 0 0Maricopa Co .................................................................. 4,124 3,982 0 142 0Pima Co ......................................................................... 3,215 3,105 0 110 0Cnsrt-Maricopa Co ........................................................ 3,869 0 3,869 0 0Cnsrt-Tucson ................................................................. 3,238 0 3,238 0 0State of Arizona ............................................................. 17,042 11,419 5,020 603 0

Subtotal ...................................................................... 73,267 54,073 16,587 1,780 827

State: ArkansasConway .......................................................................... 358 358 0 0 0Fayetteville .................................................................... 663 663 0 0 0Fort Smith ...................................................................... 1,378 992 386 0 0Jacksonville ................................................................... 359 359 0 0 0Little Rock ...................................................................... 3,401 2,432 874 95 0North Little Rock 1 ......................................................... 1,307 940 367 0 0Pine Bluff ....................................................................... 1,705 1,267 438 0 0Rogers ........................................................................... 263 263 0 0 0Springdale ..................................................................... 330 330 0 0 0Texarkana ...................................................................... 452 452 0 0 0West Memphis ............................................................... 570 570 0 0 0State of Arkansas .......................................................... 35,903 25,070 9,677 1,156 0

Subtotal ...................................................................... 46,689 33,696 11,742 1,251 0

State: CaliforniaAlameda ........................................................................ 1,299 1,299 0 0 0Alhambra ....................................................................... 2,609 2,035 574 0 0Anaheim ........................................................................ 6,447 4,992 1,319 136 0Antioch ........................................................................... 743 743 0 0 0


APPENDIX A.—FY 1995 FORMULA ALLOCATIONS—Continued[Amounts in $000]


Bakersfield ..................................................................... 4,018 2,953 974 91 0Baldwin Park 1 ............................................................... 2,319 1,962 357 0 0Bellflower 1 ..................................................................... 1,513 1,129 384 0 0Berkeley ......................................................................... 5,185 4,259 794 132 0Buena Park .................................................................... 1,113 1,113 0 0 0Burbank ......................................................................... 2,008 1,450 558 0 0Camarillo ....................................................................... 479 479 0 0 0Carlsbad ........................................................................ 647 647 0 0 0Carson ........................................................................... 1,507 1,507 0 0 0Cerritos .......................................................................... 597 597 0 0 0Chico 1 ........................................................................... 1,314 944 370 0 0Chino ............................................................................. 759 759 0 0 0Chula Vista .................................................................... 2,870 2,162 708 0 0Compton ........................................................................ 3,939 3,118 713 108 0Concord ......................................................................... 1,195 1,195 0 0 0Corona ........................................................................... 1,155 1,155 0 0 0Costa Mesa ................................................................... 1,987 1,478 509 0 0Daly ............................................................................... 1,718 1,718 0 0 0Davis .............................................................................. 974 974 0 0 0Downey .......................................................................... 1,831 1,437 394 0 0El Cajon ......................................................................... 2,029 1,465 564 0 0El Monte ........................................................................ 4,610 3,682 820 108 0Encinitas ........................................................................ 631 631 0 0 0Escondido City .............................................................. 2,352 1,785 567 0 0Fairfield 1 ........................................................................ 1,244 876 368 0 0Fontana 1 ....................................................................... 1,904 1,529 375 0 0Fountain Valley .............................................................. 469 469 0 0 0Fremont ......................................................................... 1,770 1,770 0 0 0Fresno ........................................................................... 12,017 8,859 2,894 264 0Fullerton ......................................................................... 2,319 1,825 494 0 0Garden Grove ................................................................ 3,424 2,792 632 0 0Gardena ......................................................................... 1,019 1,019 0 0 0Gilroy City ...................................................................... 579 579 0 0 0Glendale ........................................................................ 5,778 4,294 1,375 109 0Hawthorne ..................................................................... 2,283 1,741 542 0 0Hayward ........................................................................ 1,785 1,785 0 0 0Hemet City ..................................................................... 569 569 0 0 0Hesperia ........................................................................ 786 786 0 0 0Huntington Beach .......................................................... 2,393 1,810 583 0 0Huntington Park ............................................................. 2,893 2,315 578 0 0Inglewood ...................................................................... 3,880 2,965 830 85 0Irvine .............................................................................. 1,150 1,150 0 0 0La Habra City ................................................................ 772 772 0 0 0La Mesa City ................................................................. 636 636 0 0 0Lake Forest ................................................................... 458 458 0 0 0Lakewood ...................................................................... 788 788 0 0 0Lancaster 1 ..................................................................... 1,638 1,270 368 0 0Livermore ....................................................................... 503 503 0 0 0Lompoc .......................................................................... 680 680 0 0 0Long Beach ................................................................... 13,907 10,130 3,487 290 0Los Angeles ................................................................... 139,129 96,773 29,630 2,999 9,727Lynwood ........................................................................ 2,634 2,153 481 0 0Madera .......................................................................... 860 860 0 0 0Merced ........................................................................... 2,025 1,538 487 0 0Mission Viejo ................................................................. 471 471 0 0 0Modesto ......................................................................... 3,531 2,663 868 0 0Montebello ..................................................................... 1,826 1,431 395 0 0Monterey ........................................................................ 313 313 0 0 0Monterey Park 1 ............................................................. 1,952 1,578 374 0 0Moreno Valley 1 ............................................................. 1,940 1,583 357 0 0Mountain View 1 ............................................................. 1,304 925 379 0 0Napa City ....................................................................... 727 727 0 0 0National City .................................................................. 2,052 1,535 517 0 0Newport Beach .............................................................. 534 534 0 0 0Norwalk 1 ....................................................................... 2,245 1,881 364 0 0Oakland ......................................................................... 16,354 10,723 3,708 359 1,564Oceanside ..................................................................... 2,613 2,007 606 0 0Ontario ........................................................................... 3,325 2,670 655 0 0Orange ........................................................................... 1,911 1,506 405 0 0Oxnard ........................................................................... 4,083 3,246 734 103 0Palm Springs ................................................................. 667 667 0 0 0




Palmdale City ................................................................ 988 988 0 0 0Palo Alto ........................................................................ 822 822 0 0 0Paradise ........................................................................ 307 307 0 0 0Pasadena ...................................................................... 3,736 2,710 938 88 0Petaluma ....................................................................... 343 343 0 0 0Pico Rivera .................................................................... 1,331 1,331 0 0 0Pittsburg ........................................................................ 769 769 0 0 0Pleasanton City ............................................................. 312 312 0 0 0Pomona ......................................................................... 4,366 3,478 794 94 0Porterville ....................................................................... 777 777 0 0 0Rancho Cucamonga ...................................................... 1,024 1,024 0 0 0Redding 1 ....................................................................... 1,429 984 445 0 0Redlands ....................................................................... 716 716 0 0 0Redondo Beach ............................................................. 601 601 0 0 0Redwood City ................................................................ 1,009 1,009 0 0 0Rialto ............................................................................. 1,223 1,223 0 0 0Richmond ...................................................................... 2,307 1,675 632 0 0Riverside ........................................................................ 6,096 3,765 1,113 109 1,109Rosemead 1 ................................................................... 2,010 1,633 377 0 0Roseville ........................................................................ 449 449 0 0 0Sacramento ................................................................... 10,460 7,042 2,618 215 585Salinas ........................................................................... 3,369 2,658 711 0 0San Bernardino ............................................................. 5,634 4,055 1,460 119 0San Diego ...................................................................... 28,788 19,598 6,521 589 2,080San Francisco ............................................................... 46,421 26,984 6,208 872 12,357San Jose ....................................................................... 17,646 13,453 3,226 366 601San Leandro .................................................................. 865 865 0 0 0San Mateo ..................................................................... 1,440 1,041 399 0 0Santa Ana ...................................................................... 11,759 8,794 1,631 241 1,093Santa Barbara ............................................................... 2,157 1,542 615 0 0Santa Clara ................................................................... 1,641 1,249 392 0 0Santa Clarita .................................................................. 991 991 0 0 0Santa Cruz .................................................................... 803 803 0 0 0Santa Maria ................................................................... 1,394 1,394 0 0 0Santa Monica ................................................................ 2,304 1,689 615 0 0Santa Rosa .................................................................... 1,837 1,275 562 0 0Santee ........................................................................... 498 498 0 0 0Seaside .......................................................................... 640 640 0 0 0Simi Valley ..................................................................... 871 871 0 0 0South Gate .................................................................... 3,506 2,838 668 0 0South San Francisco ..................................................... 793 793 0 0 0Stockton ......................................................................... 7,080 5,303 1,628 149 0Sunnyvale ...................................................................... 1,923 1,439 484 0 0Thousand Oaks ............................................................. 855 855 0 0 0Torrance 1 ...................................................................... 1,954 1,451 503 0 0Tulare ............................................................................ 756 756 0 0 0Turlock ........................................................................... 737 737 0 0 0Tustin City ..................................................................... 741 741 0 0 0Union City ...................................................................... 805 805 0 0 0Upland ........................................................................... 764 764 0 0 0Vacaville ........................................................................ 684 684 0 0 0Vallejo ............................................................................ 2,018 1,518 500 0 0Ventura .......................................................................... 1,051 1,051 0 0 0Visalia ............................................................................ 1,883 1,432 451 0 0Vista ............................................................................... 1,226 1,226 0 0 0Walnut Creek ................................................................. 422 422 0 0 0Watsonville .................................................................... 816 816 0 0 0West Covina .................................................................. 1,464 1,464 0 0 0Westminster ................................................................... 1,425 1,425 0 0 0Whittier .......................................................................... 1,104 1,104 0 0 0Woodland ...................................................................... 600 600 0 0 0Yorba Linda ................................................................... 341 341 0 0 0Yuba .............................................................................. 549 549 0 0 0Alameda Co ................................................................... 2,306 2,306 0 0 0Contra Costa Co ........................................................... 4,245 4,117 0 128 0Fresno Co ...................................................................... 8,337 6,206 1,924 207 0Kern Co ......................................................................... 10,239 7,755 2,234 250 0Los Angeles Co ............................................................. 54,358 42,586 10,426 1,346 0Marin Co ........................................................................ 2,902 1,941 961 0 0Orange Co ..................................................................... 7,444 5,735 1,537 172 0Riverside Co .................................................................. 14,228 11,220 2,681 327 0




Sacramento Co ............................................................. 11,403 8,307 2,838 258 0San Bernardino Co ........................................................ 10,407 10,106 0 301 0San Diego Co ................................................................ 7,174 6,961 0 213 0San Joaquin Co ............................................................. 5,561 4,080 1,354 127 0San Luis Obispo Co ...................................................... 3,886 2,825 969 92 0San Mateo Co ............................................................... 4,019 3,894 0 125 0Santa Clara Co .............................................................. 4,602 3,510 982 110 0Sonoma Co ................................................................... 3,733 2,657 987 89 0Ventura Co .................................................................... 3,190 3,089 0 101 0Cnsrt-Alameda Co ......................................................... 2,943 0 2,943 0 0Cnsrt-Contra Costa Co .................................................. 2,313 0 2,313 0 0Cnsrt-San Bernardino Co .............................................. 3,365 0 3,365 0 0Cnsrt-San Diego Co ...................................................... 2,653 0 2,653 0 0Cnsrt-San Mateo Co ..................................................... 1,742 0 1,742 0 0Cnsrt-Santa Barbara Co 1 ............................................. 1,364 0 1,364 0 0Cnsrt-Ventura Co .......................................................... 1,135 0 1,135 0 0State of California .......................................................... 88,776 43,254 38,080 5,288 2,154

Subtotal ...................................................................... 779,943 555,843 176,070 16,760 31,270

State: ColoradoArvada ........................................................................... 732 732 0 0 0Aurora ............................................................................ 2,966 2,209 757 0 0Boulder .......................................................................... 1,689 1,252 437 0 0Colorado Springs ........................................................... 4,594 3,278 1,204 112 0Denver ........................................................................... 17,551 12,703 3,248 452 1,148Fort Collins .................................................................... 1,686 1,231 455 0 0Greeley 1 ........................................................................ 1,356 990 366 0 0Lakewood ...................................................................... 1,550 1,144 406 0 0Longmont ....................................................................... 515 515 0 0 0Loveland ........................................................................ 353 353 0 0 0Pueblo ........................................................................... 2,167 2,167 0 0 0Westminster ................................................................... 684 684 0 0 0Adams Co ...................................................................... 2,687 2,076 611 0 0Arapahoe Co ................................................................. 1,980 1,491 489 0 0Jefferson Co .................................................................. 1,739 1,340 399 0 0Cnsrt-Pueblo .................................................................. 925 0 925 0 0State of Colorado .......................................................... 18,195 11,549 5,712 934 0

Subtotal ...................................................................... 61,369 43,714 15,009 1,498 1,148

State: ConnecticutBridgeport ...................................................................... 6,158 4,585 1,409 164 0Bristol ............................................................................. 691 691 0 0 0Danbury ......................................................................... 708 708 0 0 0East Hartford ................................................................. 618 618 0 0 0Fairfield .......................................................................... 649 649 0 0 0Greenwich ..................................................................... 1,208 1,208 0 0 0Hamden Town ............................................................... 554 554 0 0 0Hartford .......................................................................... 8,138 5,357 1,949 188 644Manchester .................................................................... 694 694 0 0 0Meriden .......................................................................... 1,071 1,071 0 0 0Middletown .................................................................... 545 545 0 0 0Milford Town .................................................................. 623 623 0 0 0New Britain .................................................................... 3,053 2,379 594 80 0New Haven .................................................................... 6,922 5,278 1,470 174 0New London .................................................................. 1,289 1,289 0 0 0Norwalk .......................................................................... 1,163 1,163 0 0 0Norwich .......................................................................... 1,291 1,291 0 0 0Stamford ........................................................................ 1,728 1,302 426 0 0Stratford ......................................................................... 743 743 0 0 0Waterbury ...................................................................... 3,785 2,879 811 95 0West Hartford ................................................................ 1,343 1,343 0 0 0West Haven ................................................................... 771 771 0 0 0State of Connecticut ...................................................... 25,082 15,041 7,896 983 1,162

Subtotal ...................................................................... 68,827 50,782 14,555 1,684 1,806

State: DelawareDover ............................................................................. 316 316 0 0 0Wilmington ..................................................................... 4,012 3,285 609 118 0




New Castle Co .............................................................. 3,769 2,801 866 102 0State of Delaware .......................................................... 5,071 1,992 3,000 79 0

Subtotal ...................................................................... 13,168 8,394 4,475 299 0

District of ColumbiaWashington .................................................................... 35,053 24,401 5,185 808 4,659

Subtotal ...................................................................... 35,053 24,401 5,185 808 4,659

State: FloridaBoca Raton .................................................................... 498 498 0 0 0Bradenton ...................................................................... 594 594 0 0 0Cape Coral .................................................................... 617 617 0 0 0Clearwater ..................................................................... 1,085 1,085 0 0 0Cocoa ............................................................................ 352 352 0 0 0Coral Springs ................................................................. 705 705 0 0 0Daytona Beach .............................................................. 1,664 1,165 499 0 0Delray Beach ................................................................. 669 669 0 0 0Fort Pierce ..................................................................... 976 976 0 0 0Fort Walton Beach ........................................................ 242 242 0 0 0Fort Lauderdale ............................................................. 7,023 2,891 861 104 3,167Fort Myers ..................................................................... 927 927 0 0 0Gainesville ..................................................................... 2,282 1,704 578 0 0Hialeah .......................................................................... 7,278 5,781 1,320 177 0Hollywood ...................................................................... 2,229 1,730 499 0 0Jacksonville-Duval ......................................................... 13,253 9,144 2,982 331 796Lakeland 1 ...................................................................... 1,349 967 382 0 0Largo ............................................................................. 580 580 0 0 0Melbourne ...................................................................... 767 767 0 0 0Miami ............................................................................. 26,147 13,709 4,038 494 7,906Miami Beach .................................................................. 4,286 2,974 1,212 100 0Naples ........................................................................... 162 162 0 0 0North Miami ................................................................... 1,159 1,159 0 0 0Ocala ............................................................................. 772 772 0 0 0Orlando .......................................................................... 4,573 2,621 979 91 882Palm Bay ....................................................................... 665 665 0 0 0Panama City .................................................................. 587 587 0 0 0Pembroke Pines ............................................................ 568 568 0 0 0Pensacola ...................................................................... 1,127 1,127 0 0 0Plantation ....................................................................... 495 495 0 0 0Pompano Beach ............................................................ 1,325 1,325 0 0 0Port St. Lucie ................................................................. 471 471 0 0 0Punta Gorda .................................................................. 104 104 0 0 0Sarasota ........................................................................ 704 704 0 0 0St. Petersburg ............................................................... 4,505 3,223 1,160 122 0Sunrise .......................................................................... 630 630 0 0 0Tallahassee ................................................................... 3,076 2,278 717 81 0Tampa ........................................................................... 8,928 5,192 1,873 189 1,674Titusville ......................................................................... 461 461 0 0 0West Palm Beach .......................................................... 3,216 1,218 446 0 1,552Winterhaven .................................................................. 342 342 0 0 0Brevard Co .................................................................... 2,039 1,949 0 90 0Broward Co ................................................................... 9,716 7,587 1,875 254 0Dade Co ........................................................................ 30,048 24,201 5,113 734 0Escambia Co ................................................................. 3,074 2,965 0 109 0Hillsborough Co ............................................................. 8,609 6,702 1,681 226 0Lee Co ........................................................................... 2,696 2,182 514 0 0Orange Co ..................................................................... 7,989 6,158 1,641 190 0Palm Beach Co ............................................................. 8,067 7,799 0 268 0Pasco Co ....................................................................... 4,273 3,286 869 118 0Pinellas Co .................................................................... 3,965 3,826 0 139 0Polk Co .......................................................................... 5,524 4,265 1,103 156 0Sarasota Co .................................................................. 1,706 1,706 0 0 0Seminole Co .................................................................. 2,873 2,781 0 92 0Volusia Co ..................................................................... 3,406 3,289 0 117 0Cnsrt-Brevard Co .......................................................... 1,241 0 1,241 0 0Cnsrt-Escambia Co ....................................................... 1,598 0 1,598 0 0Cnsrt-Palm Beach Co ................................................... 2,140 0 2,140 0 0Cnsrt-Pinellas Co .......................................................... 1,759 0 1,759 0 0Cnsrt-Sarasota .............................................................. 723 0 723 0 0




Cnsrt-Volusia Co ........................................................... 1,744 0 1,744 0 0State of Florida .............................................................. 54,726 34,179 15,926 2,045 2,576

Subtotal ...................................................................... 265,309 185,056 55,473 6,227 18,553

State: GeorgiaAlbany ............................................................................ 2,498 1,838 660 0 0Athens-Clarke ................................................................ 2,296 1,737 559 0 0Atlanta ........................................................................... 20,146 13,524 3,514 478 2,630Augusta ......................................................................... 3,092 2,376 630 86 0Columbus-Muscogee ..................................................... 4,337 2,983 1,243 111 0Macon ............................................................................ 3,162 2,138 938 86 0Marietta .......................................................................... 609 609 0 0 0Savannah ...................................................................... 4,799 3,468 1,210 121 0Warner Robins .............................................................. 559 559 0 0 0Cobb Co ........................................................................ 3,116 3,013 0 103 0De Kalb Co .................................................................... 7,493 5,562 1,753 178 0Fulton Co ....................................................................... 3,087 2,987 0 100 0Gwinnett Co ................................................................... 2,716 2,633 0 83 0Cnsrt-Cobb Co .............................................................. 2,719 0 2,719 0 0State of Georgia ............................................................ 66,992 47,478 16,677 1,859 978

Subtotal ...................................................................... 127,621 90,905 29,903 3,205 3,608

State: HawaiiHonolulu ........................................................................ 19,269 14,128 4,611 530 0State of Hawaii .............................................................. 8,198 5,063 3,000 135 0

Subtotal ...................................................................... 27,467 19,191 7,611 665 0

State: IdahoBoise .............................................................................. 1,855 1,327 528 0 0Nampa ........................................................................... 503 503 0 0 0State of Idaho ................................................................ 14,296 10,117 3,778 401 0

Subtotal ...................................................................... 16,654 11,947 4,306 401 0

State: IllinoisArlington Heights ........................................................... 417 417 0 0 0Aurora ............................................................................ 1,406 1,406 0 0 0Belleville ........................................................................ 836 836 0 0 0Berwyn ........................................................................... 1,821 1,821 0 0 0Bloomington ................................................................... 866 866 0 0 0Champaign .................................................................... 1,029 1,029 0 0 0Chicago ......................................................................... 155,000 118,822 28,308 4,294 3,576Chicago Heights ............................................................ 749 749 0 0 0Cicero ............................................................................ 2,136 2,054 0 82 0De Kalb .......................................................................... 567 567 0 0 0Decatur .......................................................................... 2,462 1,863 599 0 0Des Plaines ................................................................... 340 340 0 0 0East St. Louis ................................................................ 3,392 2,710 577 105 0Elgin ............................................................................... 1,061 1,061 0 0 0Evanston 1 ..................................................................... 2,914 2,472 361 81 0Joliet .............................................................................. 1,786 1,365 421 0 0Kankakee ....................................................................... 761 761 0 0 0Moline ............................................................................ 1,043 1,043 0 0 0Mount Prospect ............................................................. 393 393 0 0 0Naperville ....................................................................... 424 424 0 0 0Normal ........................................................................... 551 551 0 0 0North Chicago ............................................................... 413 413 0 0 0Oak Lawn ...................................................................... 355 355 0 0 0Oak Park ....................................................................... 2,372 2,372 0 0 0Pekin .............................................................................. 544 544 0 0 0Peoria ............................................................................ 3,527 2,486 945 96 0Rantoul .......................................................................... 382 382 0 0 0Rock Island .................................................................... 1,689 1,689 0 0 0Rockford ........................................................................ 3,762 2,761 909 92 0Schaumburg Village ...................................................... 415 415 0 0 0Skokie ............................................................................ 662 662 0 0 0Springfield ...................................................................... 2,303 1,690 613 0 0Urbana ........................................................................... 581 581 0 0 0Waukegan ..................................................................... 968 968 0 0 0




Wheaton City ................................................................. 368 368 0 0 0Cook Co ........................................................................ 14,194 13,681 0 513 0Du Page Co ................................................................... 4,411 4,260 0 151 0Lake Co ......................................................................... 3,015 2,910 0 105 0Madison Co ................................................................... 5,275 3,947 1,182 146 0McHenry Co1 ................................................................. 1,662 1,263 399 0 0St. Clair Co .................................................................... 2,447 2,355 0 92 0Will Co ........................................................................... 2,393 1,902 491 0 0Cnsrt-Cook Co ............................................................... 4,968 0 4,968 0 0Cnsrt-Dupage Co .......................................................... 1,881 0 1,881 0 0Cnsrt-Lake Co ............................................................... 1,298 0 1,298 0 0Cnsrt-St. Clair Co .......................................................... 797 0 797 0 0Cnsrt-Urbana 1 ............................................................... 798 0 798 0 0State of Illinois ............................................................... 62,015 40,681 18,797 2,537 0

Subtotal ...................................................................... 303,449 228,235 63,344 8,294 3,576

State: IndianaAnderson ....................................................................... 1,614 1,150 464 0 0Bloomington ................................................................... 1,585 1,138 447 0 0East Chicago ................................................................. 2,365 1,960 405 0 0Elkhart ........................................................................... 969 969 0 0 0Evansville ...................................................................... 4,787 3,837 808 142 0Fort Wayne .................................................................... 4,655 3,699 824 132 0Gary ............................................................................... 6,434 5,059 1,182 193 0Goshen .......................................................................... 351 351 0 0 0Hammond ...................................................................... 3,711 3,037 562 112 0Indianapolis ................................................................... 16,325 11,879 4,025 421 0Kokomo ......................................................................... 1,280 1,280 0 0 0Lafayette ........................................................................ 970 970 0 0 0Mishawaka ..................................................................... 630 630 0 0 0Muncie ........................................................................... 2,299 1,758 541 0 0New Albany ................................................................... 912 912 0 0 0South Bend .................................................................... 3,932 3,797 0 135 0Terre Haute ................................................................... 3,021 2,503 425 93 0West Lafayette .............................................................. 542 542 0 0 0Lake Co ......................................................................... 2,358 1,793 565 0 0Cnsrt-Lafayette .............................................................. 600 0 600 0 0Cnsrt-South Bend .......................................................... 995 0 995 0 0State of Indiana ............................................................. 52,915 38,078 11,960 1,847 1,030

Subtotal ...................................................................... 113,250 85,342 23,803 3,075 1,030

State: IowaCedar Falls .................................................................... 427 427 0 0 0Cedar Rapids ................................................................ 2,119 1,623 496 0 0Council Bluffs ................................................................ 1,389 1,389 0 0 0Davenport ...................................................................... 2,836 2,214 622 0 0Des Moines ................................................................... 6,729 5,426 1,115 188 0Dubuque ........................................................................ 1,472 1,472 0 0 0Iowa City ........................................................................ 1,414 1,014 400 0 0Sioux City ...................................................................... 2,669 2,576 0 93 0Waterloo ........................................................................ 2,315 1,837 478 0 0Cnsrt-Sioux City ............................................................ 581 0 581 0 0State of Iowa ................................................................. 42,612 31,501 9,611 1,500 0

Subtotal ...................................................................... 64,563 49,479 13,303 1,781 0

State: KansasKansas City ................................................................... 4,373 3,305 948 120 0Lawrence ....................................................................... 1,554 1,148 406 0 0Leavenworth .................................................................. 483 483 0 0 0Overland Park ............................................................... 657 657 0 0 0Topeka ........................................................................... 3,288 2,595 599 94 0Wichita ........................................................................... 5,802 4,045 1,613 144 0Johnson Co ................................................................... 1,621 1,621 0 0 0Cnsrt-Johnson Co 1 ....................................................... 706 0 706 0 0State of Kansas ............................................................. 28,563 21,365 6,295 903 0

Subtotal ...................................................................... 47,047 35,219 10,567 1,261 0

State: Kentucky




Ashland .......................................................................... 884 884 0 0 0Covington ...................................................................... 2,939 2,349 506 84 0Henderson ..................................................................... 377 377 0 0 0Hopkinsville ................................................................... 528 528 0 0 0Lexington-Fayette .......................................................... 4,189 2,870 1,210 109 0Louisville ........................................................................ 15,939 12,820 2,658 461 0Owensboro .................................................................... 1,218 831 387 0 0Jefferson Co .................................................................. 4,606 3,435 1,039 132 0State of Kentucky .......................................................... 51,663 35,138 15,067 1,458 0

Subtotal ...................................................................... 82,343 59,232 20,867 2,244 0

State: LouisianaAlexandria ...................................................................... 1,533 1,124 409 0 0Baton Rouge ................................................................. 8,468 6,287 1,943 238 0Bossier City ................................................................... 788 788 0 0 0Houma-Terrebonne ....................................................... 2,730 2,121 527 82 0Kenner ........................................................................... 1,085 1,085 0 0 0Lafayette ........................................................................ 2,329 1,761 568 0 0Lake Charles ................................................................. 1,873 1,383 490 0 0Monroe .......................................................................... 2,091 1,575 516 0 0New Orleans .................................................................. 29,394 21,147 6,224 741 1,282Shreveport ..................................................................... 5,667 4,154 1,351 162 0Slidell ............................................................................. 257 257 0 0 0Thibodaux ...................................................................... 353 353 0 0 0Jefferson Parish ............................................................ 5,652 5,442 0 210 0Cnsrt-Jefferson Parish ................................................... 2,077 0 2,077 0 0State of Louisiana ......................................................... 54,033 38,941 12,599 1,689 804

Subtotal ...................................................................... 118,330 86,418 26,704 3,122 2,086

State: MaineAuburn ........................................................................... 777 777 0 0 0Bangor ........................................................................... 1,345 1,345 0 0 0Lewiston ........................................................................ 1,329 1,329 0 0 0Portland ......................................................................... 3,354 2,715 549 90 0State of Maine ............................................................... 22,568 17,181 4,756 631 0

Subtotal ...................................................................... 29,373 23,347 5,305 721 0

State: MarylandAnnapolis ....................................................................... 444 444 0 0 0Baltimore ....................................................................... 41,724 30,715 7,231 1,109 2,669Cumberland ................................................................... 1,347 1,347 0 0 0Frederick ........................................................................ 461 461 0 0 0Hagerstown ................................................................... 1,108 1,108 0 0 0Anne Arundel Co ........................................................... 3,565 2,622 845 98 0Baltimore Co .................................................................. 7,337 5,255 1,888 194 0Montgomery Co ............................................................. 8,253 6,211 1,848 194 0Prince Georges Co ........................................................ 9,686 7,274 2,165 247 0State of Maryland .......................................................... 17,772 11,271 5,992 509 0

Subtotal ...................................................................... 91,697 66,708 19,969 2,351 2,669

State: MassachusettsArlington ........................................................................ 1,569 1,569 0 0 0Attleboro ........................................................................ 606 606 0 0 0Barnstable ..................................................................... 431 431 0 0 0Boston ........................................................................... 35,970 27,199 6,016 896 1,859Brockton ........................................................................ 2,610 1,885 725 0 0Brookline ........................................................................ 2,008 2,008 0 0 0Cambridge ..................................................................... 5,110 4,203 771 136 0Chicopee ....................................................................... 1,542 1,542 0 0 0Fall River ....................................................................... 5,000 3,798 1,077 125 0Fitchburg ........................................................................ 1,494 1,494 0 0 0Framingham .................................................................. 671 671 0 0 0Gloucester ..................................................................... 936 936 0 0 0Haverhill ......................................................................... 1,400 1,400 0 0 0Holyoke .......................................................................... 1,805 1,805 0 0 0Lawrence ....................................................................... 3,711 2,561 1,058 92 0Leominster ..................................................................... 573 573 0 0 0Lowell ............................................................................ 4,086 2,997 993 96 0




Lynn ............................................................................... 3,724 3,602 0 122 0Malden ........................................................................... 1,894 1,894 0 0 0Medford ......................................................................... 2,261 2,261 0 0 0New Bedford .................................................................. 5,171 3,868 1,176 127 0Newton .......................................................................... 2,894 2,803 0 91 0Northampton .................................................................. 933 933 0 0 0Pittsfield ......................................................................... 1,950 1,950 0 0 0Quincy ........................................................................... 2,729 2,639 0 90 0Salem ............................................................................ 1,502 1,502 0 0 0Somerville ...................................................................... 4,763 3,976 659 128 0Springfield ...................................................................... 7,250 5,378 1,686 186 0Taunton ......................................................................... 1,066 1,066 0 0 0Waltham ........................................................................ 1,315 1,315 0 0 0Westfield ........................................................................ 544 544 0 0 0Weymouth ..................................................................... 859 859 0 0 0Worcester ...................................................................... 7,922 6,285 1,428 209 0Yarmouth ....................................................................... 218 218 0 0 0Cnsrt-Barnstable Co ...................................................... 671 0 671 0 0Cnsrt-Fitchburg .............................................................. 523 0 523 0 0Cnsrt-Holyoke ................................................................ 986 0 986 0 0.Cnsrt-Malden ................................................................. 1,967 0 1,967 0 0Cnsrt-Newton ................................................................. 982 0 982 0 0Cnsrt-Peabody ............................................................... 2,435 0 2,435 0 0Cnsrt-Quincy .................................................................. 651 0 651 0 0State of Massachusetts ................................................. 53,898 39,636 11,148 2,139 975

Subtotal ...................................................................... 178,630 136,407 34,952 4,437 2,834

State: MichiganAnn Arbor ...................................................................... 2,034 1,499 535 0 0Battle Creek ................................................................... 2,199 1,803 396 0 0Bay City ......................................................................... 1,960 1,960 0 0 0Benton Harbor ............................................................... 711 711 0 0 0Canton Township .......................................................... 432 432 0 0 0Clinton Township ........................................................... 693 693 0 0 0Dearborn 1 ..................................................................... 3,321 2,816 407 98 0Dearborn Heights .......................................................... 1,383 1,383 0 0 0Detroit ............................................................................ 74,165 56,584 14,105 2,163 1,313East Lansing .................................................................. 942 942 0 0 0Farmington Hills ............................................................ 451 451 0 0 0Flint ................................................................................ 7,828 6,017 1,585 226 0Grand Rapids ................................................................ 6,522 4,921 1,429 172 0Holland .......................................................................... 452 452 0 0 0Jackson ......................................................................... 2,382 1,961 421 0 0Kalamazoo ..................................................................... 3,194 2,348 762 84 0Lansing .......................................................................... 3,618 2,534 999 85 0Lincoln Park ................................................................... 1,047 1,047 0 0 0Livonia ........................................................................... 563 563 0 0 0Midland .......................................................................... 360 360 0 0 0Muskegon ...................................................................... 1,856 1,413 443 0 0Muskegon Heights ......................................................... 604 604 0 0 0Norton Shores ............................................................... 186 186 0 0 0Pontiac ........................................................................... 3,066 2,257 729 80 0Port Huron 1 ................................................................... 1,525 1,163 362 0 0Portage .......................................................................... 279 279 0 0 0Redford .......................................................................... 1,175 1,175 0 0 0Rochester Hills .............................................................. 349 349 0 0 0Roseville ........................................................................ 577 577 0 0 0Royal Oak ...................................................................... 1,606 1,606 0 0 0Saginaw ......................................................................... 4,501 3,459 918 124 0Southfield ....................................................................... 660 660 0 0 0St. Clair Shores ............................................................. 1,075 1,075 0 0 0Sterling Heights ............................................................. 772 772 0 0 0Taylor ............................................................................. 853 853 0 0 0Troy City ........................................................................ 449 449 0 0 0Warren ........................................................................... 1,642 1,253 389 0 0Waterford Township ...................................................... 517 517 0 0 0Westland 1 ..................................................................... 1,679 1,318 361 0 0Wyoming ........................................................................ 585 585 0 0 0Genesee Co .................................................................. 4,068 2,970 982 116 0




Kent Co 1 ...................................................................... 2,171 1,745 426 0 0Macomb Co ................................................................... 2,531 1,932 599 0 0Oakland Co ................................................................... 5,643 4,267 1,216 160 0Wayne Co ...................................................................... 5,511 3,914 1,453 144 0State of Michigan .......................................................... 70,275 46,377 20,573 2,756 569

Subtotal ...................................................................... 228,412 171,232 49,090 6,208 1,882

State: MinnesotaBloomington ................................................................... 558 558 0 0 0Minneapolis ................................................................... 22,749 18,369 3,143 618 619Moorhead ...................................................................... 489 489 0 0 0Plymouth ........................................................................ 323 323 0 0 0Rochester ...................................................................... 652 652 0 0 0St. Cloud ........................................................................ 728 728 0 0 0St. Paul .......................................................................... 12,904 10,590 1,970 344 0Anoka Co ....................................................................... 1,933 1,933 0 0 0Dakota Co ..................................................................... 2,088 2,088 0 0 0Hennepin Co ................................................................. 3,881 3,748 0 133 0Ramsey Co .................................................................... 1,541 1,541 0 0 0St. Louis Co ................................................................... 7,260 7,015 0 245 0Cnsrt-Dakota Co ............................................................ 1,882 0 1,882 0 0Cnsrt-Hennepin Co ........................................................ 1,537 0 1,537 0 0Cnsrt-St. Louis Co ......................................................... 1,309 0 1,309 0 0State of Minnesota ........................................................ 35,026 26,142 7,686 1,198 0

Subtotal ...................................................................... 94,860 74,176 17,527 2,538 619

State: MississippiBiloxi .............................................................................. 811 811 0 0 0Gulfport .......................................................................... 783 783 0 0 0Hattiesburg 1 .................................................................. 1,487 1,049 438 0 0Jackson ......................................................................... 5,330 3,918 1,257 155 0Moss Point ..................................................................... 358 358 0 0 0Pascagoula .................................................................... 470 470 0 0 0State of Mississippi ....................................................... 53,468 39,070 12,263 1,545 590

Subtotal ...................................................................... 62,707 46,459 13,958 1,700 590

State: MissouriColumbia ....................................................................... 1,543 1,112 431 0 0Florissant ....................................................................... 317 317 0 0 0Independence ................................................................ 1,580 1,132 448 0 0Joplin ............................................................................. 1,063 1,063 0 0 0Kansas City ................................................................... 16,341 12,517 2,545 456 823Lees Summit ................................................................. 344 344 0 0 0Springfield ...................................................................... 2,904 2,033 871 0 0St. Charles ..................................................................... 451 451 0 0 0St. Joseph ..................................................................... 3,071 2,488 490 93 0St. Louis ........................................................................ 36,262 29,944 4,400 1,057 861St. Louis Co ................................................................... 9,538 7,007 2,255 276 0State of Missouri ........................................................... 44,053 30,016 12,666 1,371 0

Subtotal ...................................................................... 117,467 88,424 24,106 3,253 1,684

State: MontanaBillings ........................................................................... 1,364 948 416 0 0Great Falls 1 ................................................................... 1,499 1,116 383 0 0State of Montana ........................................................... 12,481 8,714 3,387 380 0

Subtotal ...................................................................... 15,344 10,778 4,186 380 0

State: NebraskaLincoln ........................................................................... 3,203 2,320 883 0 0Omaha ........................................................................... 9,490 7,335 1,901 254 0State of Nebraska ......................................................... 20,673 15,633 4,413 627 0

Subtotal ...................................................................... 33,366 25,288 7,197 881 0

State: NevadaHenderson ..................................................................... 756 756 0 0 0Las Vegas ..................................................................... 4,181 4,060 0 121 0




North Las Vegas ........................................................... 1,223 1,223 0 0 0Reno .............................................................................. 2,016 2,016 0 0 0Sparks ........................................................................... 594 594 0 0 0Clark Co ........................................................................ 4,875 4,735 0 140 0Cnsrt-Clark Co ............................................................... 3,152 0 3,152 0 0Reno-Cnsrt 1 .................................................................. 1,091 0 1,091 0 0State of Nevada ............................................................ 6,739 2,874 3,000 221 644

Subtotal ...................................................................... 24,627 16,258 7,243 482 644

State: New HampshireDover ............................................................................. 467 467 0 0 0Manchester .................................................................... 2,945 2,388 557 0 0Nashua .......................................................................... 909 909 0 0 0Portsmouth .................................................................... 882 882 0 0 0Rochester ...................................................................... 394 394 0 0 0State of New Hampshire ............................................... 13,993 10,397 3,124 472 0

Subtotal ...................................................................... 19,590 15,437 3,681 472 0

State: New JerseyAsbury Park ................................................................... 563 563 0 0 0Atlantic City ................................................................... 2,714 2,173 456 85 0Bayonne ........................................................................ 2,490 2,402 0 88 0Bloomfield ...................................................................... 1,583 1,583 0 0 0Brick Township .............................................................. 431 431 0 0 0Bridgeton ....................................................................... 653 653 0 0 0Camden ......................................................................... 5,395 4,016 1,231 148 0Cherry Hill ...................................................................... 424 424 0 0 0Clifton ............................................................................ 1,983 1,983 0 0 0Dover Township ............................................................ 538 538 0 0 0East Orange .................................................................. 2,905 2,142 763 0 0Edison ............................................................................ 668 668 0 0 0Elizabeth ........................................................................ 4,273 3,063 1,103 107 0Gloucester Township ..................................................... 352 352 0 0 0Hamilton ........................................................................ 687 687 0 0 0Irvington ......................................................................... 1,823 1,353 470 0 0Jersey City ..................................................................... 14,211 9,427 2,398 336 2,050Long Branch .................................................................. 728 728 0 0 0Middletown .................................................................... 381 381 0 0 0Millville ........................................................................... 409 409 0 0 0New Brunswick .............................................................. 994 994 0 0 0Newark .......................................................................... 21,986 12,834 3,430 503 5,219Old Bridge Township ..................................................... 392 392 0 0 0Parsippany-Troyhills ...................................................... 302 302 0 0 0Passaic .......................................................................... 2,202 1,536 666 0 0Paterson ........................................................................ 6,584 3,794 1,371 151 1,268Perth Amboy .................................................................. 1,350 988 362 0 0Sayreville ....................................................................... 210 210 0 0 0Trenton .......................................................................... 5,044 4,117 781 146 0Union ............................................................................. 882 882 0 0 0Union City ...................................................................... 1,717 1,717 0 0 0Vineland ......................................................................... 706 706 0 0 0Wayne Township ........................................................... 248 248 0 0 0Woodbridge ................................................................... 1,281 681 0 0 600Bergen Co ..................................................................... 16,186 13,406 2,292 488 0Burlington Co ................................................................. 3,186 2,332 771 83 0Camden Co ................................................................... 3,135 3,030 0 105 0Essex Co ....................................................................... 8,870 7,589 1,010 271 0Gloucester Co ............................................................... 2,606 1,954 652 0 0Hudson Co .................................................................... 6,601 6,368 0 233 0Middlesex Co ................................................................. 2,842 2,154 688 0 0Monmouth Co ................................................................ 5,077 3,960 986 131 0Morris Co ....................................................................... 2,863 2,775 0 88 0Ocean Co ...................................................................... 2,577 2,485 0 92 0Somerset Co ................................................................. 2,150 1,693 457 0 0Union Co ....................................................................... 6,965 6,727 0 238 0Cnsrt-Camden Co ......................................................... 983 0 983 0 0Cnsrt-Hudson Co ........................................................... 2,683 0 2,683 0 0Cnsrt-Mercer Co ............................................................ 482 0 482 0 0Cnsrt-Morris Co 1 ........................................................... 817 0 817 0 0




Cnsrt-Ocean Co ............................................................ 1,038 0 1,038 0 0Cnsrt-Union Co .............................................................. 1,115 0 1,115 0 0Cnsrt-Vineland ............................................................... 673 0 673 0 0State of New Jersey ...................................................... 20,919 11,333 7,039 1,372 1,175

Subtotal ...................................................................... 178,877 129,183 34,717 4,665 10,312

State: New MexicoAlbuquerque .................................................................. 7,770 5,714 1,855 201 0Las Cruces .................................................................... 1,670 1,270 400 0 0Santa Fe ........................................................................ 773 773 0 0 0State of New Mexico ..................................................... 21,734 15,951 5,194 589 0

Subtotal ...................................................................... 31,947 23,708 7,449 790 0

State: New YorkAlbany ............................................................................ 5,995 4,982 841 172 0Amherst Town ............................................................... 785 785 0 0 0Auburn ........................................................................... 1,318 1,318 0 0 0Babylon Town ................................................................ 2,172 1,664 508 0 0Binghamton ................................................................... 3,760 3,137 515 108 0Buffalo ........................................................................... 28,592 22,976 4,814 802 0Cheektowaga Town ....................................................... 885 885 0 0 0Clay Town ..................................................................... 380 380 0 0 0Colonie Town ................................................................ 488 488 0 0 0Dunkirk .......................................................................... 733 733 0 0 0Elmira 1 .......................................................................... 2,225 1,810 415 0 0Glen Falls ...................................................................... 716 716 0 0 0Greece ........................................................................... 557 557 0 0 0Hamburg Town .............................................................. 516 516 0 0 0Huntington Town ........................................................... 1,191 1,191 0 0 0Irondequoit ..................................................................... 1,140 1,140 0 0 0Islip Town ...................................................................... 4,459 2,514 631 93 1,221Jamestown 1 .................................................................. 2,147 1,755 392 0 0Middletown .................................................................... 702 702 0 0 0Mount Vernon ................................................................ 3,047 2,396 565 86 0New Rochelle ................................................................ 2,547 2,138 409 0 0New York ....................................................................... 378,474 239,741 88,461 8,573 41,699Newburgh ...................................................................... 1,150 1,150 0 0 0Niagara Falls ................................................................. 4,376 3,586 661 129 0Poughkeepsie ................................................................ 1,410 1,410 0 0 0Rochester ...................................................................... 15,764 12,451 2,879 434 0Rome ............................................................................. 1,369 1,369 0 0 0Saratoga Springs ........................................................... 479 479 0 0 0Schenectady .................................................................. 3,491 3,377 0 114 0Syracuse ........................................................................ 10,099 8,076 1,740 283 0Tonawanda Town .......................................................... 2,400 2,320 0 80 0Troy ............................................................................... 2,739 2,649 0 90 0Union Town ................................................................... 1,687 1,687 0 0 0Utica .............................................................................. 5,132 4,154 838 140 0West Seneca ................................................................. 321 321 0 0 0White Plains .................................................................. 1,296 1,296 0 0 0Yonkers ......................................................................... 6,485 4,807 1,508 170 0Dutchess Co .................................................................. 1,820 1,820 0 0 0Erie Co .......................................................................... 3,468 3,352 0 116 0Monroe Co ..................................................................... 2,444 2,363 0 81 0Nassau Co ..................................................................... 21,052 17,826 2,608 618 0Onondaga Co ................................................................ 2,380 2,380 0 0 0Orange Co ..................................................................... 2,109 2,109 0 0 0Rockland Co .................................................................. 3,237 2,406 746 85 0Suffolk Co ...................................................................... 6,123 4,550 1,401 172 0Westchester Co ............................................................. 8,521 6,892 1,400 229 0Cnsrt-Amherst ............................................................... 884 0 884 0 0Cnsrt-Dutchess Co1 ...................................................... 785 0 785 0 0Cnsrt-Erie Co ................................................................. 1,132 0 1,132 0 0Cnsrt-Monroe Co ........................................................... 1,021 0 1,021 0 0Cnsrt-Jefferson Co ........................................................ 1,483 0 1,483 0 0Cnsrt-Onondaga Co ...................................................... 703 0 703 0 0Cnsrt-Orange Co 1 ......................................................... 1,087 0 1,087 0 0Cnsrt-Schenectady ........................................................ 1,275 0 1,275 0 0State of New York ......................................................... 87,536 57,938 24,447 2,885 2,266




Subtotal ...................................................................... 648,087 443,292 144,149 15,460 45,186

State: North CarolinaAsheville ........................................................................ 1,694 1,694 0 0 0Burlington ...................................................................... 415 415 0 0 0Chapel Hill ..................................................................... 468 468 0 0 0Charlotte ........................................................................ 6,767 4,772 1,820 175 0Concord ......................................................................... 413 413 0 0 0Durham .......................................................................... 1,876 1,876 0 0 0Fayetteville .................................................................... 1,723 1,206 517 0 0Gastonia ........................................................................ 758 758 0 0 0Goldsboro ...................................................................... 1,059 650 409 0 0Greensboro .................................................................... 2,197 2,115 0 82 0Greenville ...................................................................... 878 878 0 0 0Hickory ........................................................................... 320 320 0 0 0High Point ...................................................................... 926 926 0 0 0Jacksonville ................................................................... 609 609 0 0 0Kannapolis ..................................................................... 673 673 0 0 0Morganton ..................................................................... 149 149 0 0 0Raleigh .......................................................................... 3,471 2,459 925 87 0Rocky Mount 1 ............................................................... 1,169 815 354 0 0Salisbury ........................................................................ 428 428 0 0 0Wilmington ..................................................................... 1,498 980 518 0 0Winston-Salem .............................................................. 1,921 1,921 0 0 0Cumberland Co 1 ........................................................... 3,330 2,431 899 0 0Wake Co ........................................................................ 2,160 1,687 473 0 0Cnsrt-Asheville .............................................................. 1,172 0 1,172 0 0Cnsrt-Durham ................................................................ 865 0 865 0 0Cnsrt-Gastonia .............................................................. 516 0 516 0 0Cnsrt-Greensboro 1 ........................................................ 1,438 0 1,438 0 0Cnsrt-Chapel Hill 1 ......................................................... 368 0 368 0 0Cnsrt-Surry Co .............................................................. 634 0 634 0 0Cnsrt-Winston-Salem .................................................... 1,079 0 1,079 0 0State of North Carolina ................................................. 67,408 46,887 16,486 2,442 1,593

Subtotal ...................................................................... 108,382 75,530 28,473 2,786 1,593

State: North DakotaBismarck ........................................................................ 486 486 0 0 0Fargo 1 ........................................................................... 1,292 899 393 0 0Grand Forks .................................................................. 605 605 0 0 0State of North Dakota ................................................... 9,865 6,550 3,000 315 0

Subtotal ...................................................................... 12,248 8,540 3,393 315 0

State: OhioAkron ............................................................................. 11,454 9,074 2,053 327 0Alliance .......................................................................... 905 905 0 0 0Barberton ....................................................................... 1,009 1,009 0 0 0Bowling Green ............................................................... 447 447 0 0 0Canton ........................................................................... 4,862 3,911 809 142 0Cincinnati ....................................................................... 22,679 17,780 4,276 623 0Cleveland ....................................................................... 42,486 33,603 7,128 1,212 543Cleveland Heights ......................................................... 2,088 2,088 0 0 0Columbus ...................................................................... 13,968 9,259 4,367 342 0Dayton ........................................................................... 11,197 8,825 2,058 314 0East Cleveland .............................................................. 1,865 1,385 480 0 0Elyria .............................................................................. 746 746 0 0 0Euclid ............................................................................. 1,261 1,261 0 0 0Fairborn ......................................................................... 470 470 0 0 0Hamilton City ................................................................. 2,457 1,929 528 0 0Kent ............................................................................... 476 476 0 0 0Kettering ........................................................................ 451 451 0 0 0Lakewood ...................................................................... 2,763 2,678 0 85 0Lancaster ....................................................................... 692 692 0 0 0Lima ............................................................................... 1,944 1,538 406 0 0Lorain ............................................................................. 2,171 1,569 602 0 0Mansfield ....................................................................... 1,516 1,079 437 0 0Marietta .......................................................................... 578 578 0 0 0Massillon ........................................................................ 976 976 0 0 0Middletown .................................................................... 837 837 0 0 0




Newark .......................................................................... 1,065 1,065 0 0 0Parma ............................................................................ 976 976 0 0 0Springfield ...................................................................... 3,399 2,639 664 96 0Steubenville ................................................................... 1,085 1,085 0 0 0Toledo ............................................................................ 12,963 9,913 2,697 353 0Warren ........................................................................... 1,672 1,672 0 0 0Youngstown ................................................................... 7,334 5,985 1,125 224 0Cuyahoga Co ................................................................ 3,641 3,507 0 134 0Franklin Co .................................................................... 3,191 2,373 730 88 0Hamilton Co ................................................................... 5,160 3,699 1,315 146 0Lake Co ......................................................................... 1,963 1,457 506 0 0Montgomery Co ............................................................. 2,843 2,740 0 103 0Stark Co ........................................................................ 1,787 1,787 0 0 0Summit Co ..................................................................... 2,381 1,784 597 0 0Cnsrt-Cuyahoga Co ....................................................... 2,049 0 2,049 0 0Cnsrt-Montgomery Co ................................................... 1,221 0 1,221 0 0Cnsrt-Stark Co ............................................................... 1,086 0 1,086 0 0Cnsrt-Warren ................................................................. 1,136 0 1,136 0 0State of Ohio ................................................................. 87,210 58,607 24,122 3,081 1,400

Subtotal ...................................................................... 272,460 202,855 60,392 7,270 1,943

State: OklahomaBroken Arrow ................................................................. 506 506 0 0 0Edmond ......................................................................... 472 472 0 0 0Enid ............................................................................... 755 755 0 0 0Lawton ........................................................................... 1,694 1,241 453 0 0Midwest City .................................................................. 645 645 0 0 0Norman 1 ........................................................................ 1,427 1,059 368 0 0Oklahoma City ............................................................... 9,382 6,791 2,347 244 0Shawnee ........................................................................ 572 572 0 0 0Tulsa .............................................................................. 7,155 5,114 1,855 186 0Cnsrt-Tulsa Co 1 ............................................................ 981 0 981 0 0State of Oklahoma ........................................................ 32,421 21,567 9,217 959 678

Subtotal ...................................................................... 56,010 38,722 15,221 1,389 678

State: OregonAshland .......................................................................... 237 237 0 0 0Beaverton ...................................................................... 498 498 0 0 0Eugene .......................................................................... 1,644 1,644 0 0 0Gresham ........................................................................ 701 701 0 0 0Medford ......................................................................... 662 662 0 0 0Portland ......................................................................... 13,618 12,475 0 420 723Salem ............................................................................ 1,485 1,485 0 0 0Springfield ...................................................................... 725 725 0 0 0Clackamas Co ............................................................... 3,493 2,576 828 89 0Multnomah Co ............................................................... 891 891 0 0 0Washington Co .............................................................. 2,514 2,435 0 79 0Cnsrt-Eugene ................................................................ 1,133 0 1,133 0 0Cnsrt-Portland ............................................................... 3,678 0 3,678 0 0Cnsrt-Salem ................................................................... 724 0 724 0 0Cnsrt-Washington Co .................................................... 974 0 974 0 0State of Oregon ............................................................. 24,577 16,115 7,715 747 0

Subtotal ...................................................................... 57,554 40,444 15,052 1,335 723

State: PennsylvaniaAbington ........................................................................ 976 976 0 0 0Allentown ....................................................................... 4,147 3,334 693 120 0Altoona .......................................................................... 3,267 2,712 458 97 0Bensalem Township ...................................................... 465 465 0 0 0Bethlehem ..................................................................... 2,501 2,031 470 0 0Bristol Township ............................................................ 721 721 0 0 0Carlisle ........................................................................... 446 446 0 0 0Chester .......................................................................... 2,186 2,106 0 80 0Easton ........................................................................... 1,220 1,220 0 0 0Erie ................................................................................ 5,957 4,722 1,068 167 0Harrisburg ...................................................................... 3,791 3,021 658 112 0Haverford ....................................................................... 1,189 1,189 0 0 0Hazleton ........................................................................ 1,207 1,207 0 0 0




Johnstown ..................................................................... 2,768 2,301 383 84 0Lancaster ....................................................................... 2,991 2,343 567 81 0Lebanon ......................................................................... 1,066 1,066 0 0 0Lower Merion ................................................................. 1,443 1,443 0 0 0McKeesport ................................................................... 1,736 1,736 0 0 0Norristown ..................................................................... 1,268 1,268 0 0 0Penn Hills ...................................................................... 752 752 0 0 0Philadelphia ................................................................... 91,312 72,928 12,603 2,555 3,226Pittsburgh ...................................................................... 27,441 23,112 3,487 842 0Reading ......................................................................... 5,048 4,178 726 144 0Scranton ........................................................................ 5,295 4,452 686 157 0Sharon ........................................................................... 878 878 0 0 0State College ................................................................. 1,038 1,038 0 0 0Upper Darby .................................................................. 2,644 2,554 0 90 0Wilkes-Barre .................................................................. 2,599 2,510 0 89 0Williamsport ................................................................... 2,153 1,753 400 0 0York ............................................................................... 2,712 2,177 456 79 0Allegheny Co ................................................................. 23,927 19,644 3,574 709 0Beaver Co ..................................................................... 6,277 5,001 1,093 183 0Berks Co ........................................................................ 4,038 3,354 569 115 0Bucks Co ....................................................................... 2,928 2,829 0 99 0Chester Co .................................................................... 4,439 3,435 888 116 0Delaware Co .................................................................. 4,864 4,700 0 164 0Lancaster Co ................................................................. 5,396 4,086 1,169 141 0Luzerne Co .................................................................... 6,083 5,872 0 211 0Montgomery Co ............................................................. 5,613 4,392 1,073 148 0Washington Co .............................................................. 6,994 5,721 1,061 212 0Westmoreland Co .......................................................... 5,342 5,152 0 190 0York Co ......................................................................... 3,923 3,090 723 110 0Cnsrt-Bucks Co ............................................................. 978 0 978 0 0Cnsrt-Delaware Co ........................................................ 1,731 0 1,731 0 0Cnsrt-Luzerne Co .......................................................... 1,817 0 1,817 0 0Cnsrt-Westmoreland Co ................................................ 1,488 0 1,488 0 0State of Pennsylvania ................................................... 86,701 61,234 21,457 2,732 1,278

Subtotal ...................................................................... 353,756 279,149 60,276 9,827 4,504

Puerto RicoAguadilla Municipio ....................................................... 3,233 2,693 434 106 0Arecibo Municipio .......................................................... 4,878 4,176 538 164 0Bayamon Municipio ....................................................... 8,602 7,052 1,279 271 0Caguas Municipio .......................................................... 6,118 5,136 784 198 0Carolina Municipio ......................................................... 7,041 5,674 1,150 217 0Cayey Municipio ............................................................ 2,158 2,075 0 83 0Fajardo Municipio .......................................................... 1,453 1,453 0 0 0Guaynabo Municipio ...................................................... 3,502 2,888 502 112 0Humacao Municipio ....................................................... 2,430 2,339 0 91 0Manati Municipio ........................................................... 1,783 1,783 0 0 0Mayaguez Municipio ...................................................... 5,294 4,218 912 164 0Ponce Municipio ............................................................ 10,066 8,517 1,214 335 0San Juan Municipio ....................................................... 25,088 15,509 4,953 600 4,026Toa Baja Municipio 1 ..................................................... 3,820 3,335 356 129 0Trujillo Alto Municipio .................................................... 2,243 2,162 0 81 0Vega Baja Municipio ..................................................... 2,628 2,530 0 98 0Puerto Rico .................................................................... 80,048 65,697 10,297 2,488 1,566

Subtotal ...................................................................... 170,385 137,237 22,419 5,137 5,592

State: Rhode IslandCranston ........................................................................ 1,259 1,259 0 0 0East Providence ............................................................ 842 842 0 0 0Pawtucket ...................................................................... 3,285 2,661 535 89 0Providence ..................................................................... 10,047 7,960 1,807 280 0Warwick ......................................................................... 878 878 0 0 0Woonsocket ................................................................... 2,154 1,650 449 55 0State of Rhode Island ................................................... 9,340 5,950 3,098 292 0

Subtotal ...................................................................... 27,805 21,200 5,889 716 0

State: South CarolinaAiken .............................................................................. 287 287 0 0 0




Anderson ....................................................................... 1,001 1,001 0 0 0Charleston ..................................................................... 2,143 1,515 628 0 0Columbia ....................................................................... 2,480 1,794 686 0 0Florence ......................................................................... 555 555 0 0 0Greenville ...................................................................... 1,813 1,429 384 0 0Myrtle Beach ................................................................. 295 295 0 0 0North Charleston ........................................................... 1,732 1,252 480 0 0Rock Hill ........................................................................ 650 650 0 0 0Spartanburg ................................................................... 1,297 893 404 0 0Sumter ........................................................................... 666 666 0 0 0Greenville Co ................................................................. 3,705 2,727 877 101 0Cnsrt-Sumter Co ........................................................... 1,148 0 1,148 0 0State of South Carolina ................................................. 46,333 33,426 10,070 1,589 1,248

Subtotal ...................................................................... 64,105 46,490 14,677 1,690 1,248

State: South DakotaRapid City ...................................................................... 715 715 0 0 0Sioux Falls ..................................................................... 1,514 1,049 465 0 0State of South Dakota ................................................... 11,925 8,513 3,046 366 0

Subtotal ...................................................................... 14,154 10,277 3,511 366 0

State: TennesseeBristol ............................................................................. 272 272 0 0 0Chattanooga .................................................................. 3,712 2,484 1,130 98 0Clarksville 1 .................................................................... 1,339 973 366 0 0Jackson 1 ....................................................................... 1,178 816 362 0 0Johnson City .................................................................. 663 663 0 0 0Kingsport ....................................................................... 532 532 0 0 0Knoxville ........................................................................ 4,080 2,686 1,291 103 0Memphis ........................................................................ 17,104 12,061 4,562 481 0Murfreesboro ................................................................. 619 619 0 0 0Nashville-Davidson ........................................................ 9,070 6,311 2,514 245 0Oak Ridge ..................................................................... 270 270 0 0 0Knox Co ......................................................................... 1,910 1,461 449 0 0Shelby Co ...................................................................... 2,087 1,634 453 0 0State of Tennessee ....................................................... 46,191 30,767 12,882 1,428 1,114

Subtotal ...................................................................... 89,027 61,549 24,009 2,355 1,114

State: TexasAbilene ........................................................................... 2,047 1,559 488 0 0Amarillo .......................................................................... 3,508 2,576 839 93 0Arlington ........................................................................ 3,995 3,042 865 88 0Austin ............................................................................. 12,486 8,563 2,588 285 1,050Baytown City ................................................................. 1,173 1,173 0 0 0Beaumont ...................................................................... 3,208 2,369 750 89 0Brownsville .................................................................... 5,312 4,124 1,038 150 0Bryan ............................................................................. 1,131 1,131 0 0 0Carrollton ....................................................................... 780 780 0 0 0College Station .............................................................. 1,661 1,270 391 0 0Conroe ........................................................................... 556 556 0 0 0Corpus Christi ................................................................ 7,066 5,277 1,589 200 0Dallas ............................................................................. 29,556 20,587 6,044 685 2,240Denison ......................................................................... 525 525 0 0 0Denton ........................................................................... 1,544 1,134 410 0 0Edinburg ........................................................................ 965 965 0 0 0El Paso .......................................................................... 17,469 13,183 3,824 462 0Fort Worth ..................................................................... 11,428 8,212 2,411 284 521Galveston ...................................................................... 2,526 1,979 547 0 0Garland1 ........................................................................ 2,701 2,177 524 0 0Grand Prairie1 ............................................................... 1,810 1,441 369 0 0Harlingen1 ...................................................................... 1,798 1,427 371 0 0Houston ......................................................................... 53,684 37,567 10,165 1,274 4,678Irving1 ............................................................................ 3,045 2,369 676 0 0Killeen ............................................................................ 1,084 1,084 0 0 0Laredo ........................................................................... 5,997 4,536 1,297 164 0Longview1 ...................................................................... 1,490 1,113 377 0 0Lubbock ......................................................................... 4,561 3,421 1,012 128 0Marshall ......................................................................... 581 581 0 0 0




Mc Allen ......................................................................... 3,435 2,723 616 96 0Mesquite ........................................................................ 1,116 1,116 0 0 0Midland .......................................................................... 1,416 1,416 0 0 0Mission .......................................................................... 1,038 1,038 0 0 0New Braunfels ............................................................... 457 457 0 0 0Odessa .......................................................................... 2,190 1,773 417 0 0Orange ........................................................................... 581 581 0 0 0Pasadena ...................................................................... 2,728 2,191 537 0 0Pharr .............................................................................. 1,403 1,403 0 0 0Plano ............................................................................. 945 945 0 0 0Port Arthur ..................................................................... 2,459 1,978 481 0 0Richardson .................................................................... 581 581 0 0 0San Angelo .................................................................... 1,923 1,492 431 0 0San Antonio ................................................................... 28,892 21,143 6,287 769 693San Benito ..................................................................... 726 726 0 0 0San Marcos ................................................................... 740 740 0 0 0Sherman ........................................................................ 449 449 0 0 0Temple ........................................................................... 796 796 0 0 0Texarkana ...................................................................... 606 606 0 0 0Texas City ..................................................................... 683 683 0 0 0Tyler ............................................................................... 1,855 1,363 492 0 0Victoria ........................................................................... 1,043 1,043 0 0 0Waco ............................................................................. 3,310 2,363 862 85 0Wichita Falls .................................................................. 2,585 2,057 528 0 0Bexar Co ....................................................................... 3,198 2,537 568 93 0Brazoria Co ................................................................... 1,299 1,299 0 0 0Dallas Co ....................................................................... 2,451 2,009 442 0 0Fort Bend Co ................................................................. 2,897 2,341 476 80 0Harris Co ....................................................................... 15,024 12,040 2,626 358 0Hidalgo Co ..................................................................... 11,482 9,277 1,890 315 0Tarrant Co ..................................................................... 5,335 4,100 1,099 136 0State of Texas ............................................................... 129,979 90,813 33,010 4,572 1,584

Subtotal ...................................................................... 417,309 308,800 87,337 10,406 10,766

State: UtahClearfield ....................................................................... 360 360 0 0 0Ogden ............................................................................ 2,156 1,718 438 0 0Orem .............................................................................. 783 783 0 0 0Provo ............................................................................. 2,222 2,142 0 80 0Salt Lake City ................................................................ 6,645 5,400 1,048 197 0Sandy City ..................................................................... 569 569 0 0 0West Valley ................................................................... 1,215 1,215 0 0 0Salt Lake Co .................................................................. 4,461 4,307 0 154 0Cnsrt-Salt Lake Co ........................................................ 1,512 0 1,512 0 0Cnsrt-Provo ................................................................... 1,320 0 1,320 0 0State of Utah ................................................................. 11,423 7,993 3,000 430 0

Subtotal ...................................................................... 32,666 24,487 7,318 861 0

State: VermontBurlington ...................................................................... 1,106 1,106 0 0 0State of Vermont ........................................................... 12,748 8,955 3,500 293 0

Subtotal ...................................................................... 13,854 10,061 3,500 293 0

State: VirginiaAlexandria ...................................................................... 1,836 1,302 534 0 0Bristol ............................................................................. 351 351 0 0 0Charlottesville ................................................................ 735 735 0 0 0Chesapeake .................................................................. 2,097 1,584 513 0 0Colonial Heights ............................................................ 117 117 0 0 0Danville .......................................................................... 1,769 1,289 480 0 0Fredericksburg ............................................................... 264 264 0 0 0Hampton ........................................................................ 2,128 1,496 632 0 0Hopewell ........................................................................ 310 310 0 0 0Lynchburg ...................................................................... 1,396 1,001 395 0 0Newport News ............................................................... 3,510 2,331 1,096 83 0Norfolk ........................................................................... 8,702 6,610 1,855 237 0Petersburg ..................................................................... 731 731 0 0 0Portsmouth .................................................................... 3,201 2,289 828 84 0




Richmond ...................................................................... 8,152 6,297 1,639 216 0Roanoke ........................................................................ 2,947 2,214 651 82 0Suffolk ............................................................................ 798 798 0 0 0Virginia Beach ............................................................... 4,484 3,297 1,078 109 0Arlington Co ................................................................... 3,440 2,518 838 84 0Chesterfield Co 1 ........................................................... 1,833 1,454 379 0 0Fairfax Co ...................................................................... 8,419 6,528 1,696 195 0Henrico Co 1 .................................................................. 2,219 1,629 590 0 0Prince William Co .......................................................... 2,261 1,755 506 0 0Cnsrt-Charlottesville ...................................................... 765 0 765 0 0State of Virginia ............................................................. 37,660 24,017 11,055 1,439 1,149

Subtotal ...................................................................... 100,125 70,917 25,530 2,529 1,149

State: WashingtonAuburn ........................................................................... 418 418 0 0 0Bellevue ......................................................................... 723 723 0 0 0Bellingham ..................................................................... 954 954 0 0 0Everett ........................................................................... 998 998 0 0 0Federal Way .................................................................. 601 601 0 0 0Kennewick ..................................................................... 613 613 0 0 0Olympia ......................................................................... 441 441 0 0 0Pasco ............................................................................. 663 663 0 0 0Richland ......................................................................... 303 303 0 0 0Seattle ........................................................................... 21,710 16,260 3,348 542 1,560Spokane ........................................................................ 6,333 4,762 1,397 174 0Tacoma .......................................................................... 4,771 3,319 1,336 116 0Vancouver ..................................................................... 728 728 0 0 0Yakima ........................................................................... 1,520 1,072 448 0 0Clark Co ........................................................................ 1,940 1,940 0 0 0King Co .......................................................................... 7,219 6,991 0 228 0Kitsap Co ....................................................................... 3,037 2,111 926 0 0Pierce Co ....................................................................... 6,321 4,593 1,575 153 0Snohomish Co ............................................................... 3,656 3,544 0 112 0Spokane Co ................................................................... 2,683 1,990 693 0 0Cnsrt-Clark Co ............................................................... 971 0 971 0 0Cnsrt-King Co ................................................................ 2,910 0 2,910 0 0Cnsrt-Snohomish Co ..................................................... 1,478 0 1,478 0 0State of Washington ...................................................... 25,828 15,954 8,933 941 0

Subtotal ...................................................................... 96,819 68,978 24,015 2,266 1,560

State: West VirginiaCharleston ..................................................................... 3,227 2,654 475 98 0Huntington ..................................................................... 3,070 2,962 0 108 0Parkersburg ................................................................... 1,425 1,425 0 0 0Weirton .......................................................................... 647 647 0 0 0Wheeling ........................................................................ 2,071 2,071 0 0 0Cnsrt-Huntington ........................................................... 975 0 975 0 0State of West Virginia ................................................... 31,533 21,859 8,702 972 0

Subtotal ...................................................................... 42,948 31,618 10,152 1,178 0

State: WisconsinAppleton ........................................................................ 772 772 0 0 0Beloit .............................................................................. 835 835 0 0 0Eau Claire ...................................................................... 1,377 969 408 0 0Green Bay ..................................................................... 1,893 1,292 601 0 0Janesville ....................................................................... 722 722 0 0 0Kenosha ........................................................................ 1,965 1,457 508 0 0La Crosse 1 .................................................................... 1,699 1,325 374 0 0Madison ......................................................................... 3,866 2,705 1,068 93 0Milwaukee ...................................................................... 31,110 23,301 7,014 795 0Neenah .......................................................................... 273 273 0 0 0Oshkosh ........................................................................ 1,115 1,115 0 0 0Racine ........................................................................... 3,456 2,630 738 88 0Sheboygan .................................................................... 1,259 1,259 0 0 0Superior ......................................................................... 1,200 1,200 0 0 0Waukesha ...................................................................... 526 526 0 0 0Wausau ......................................................................... 856 856 0 0 0Wauwatosa .................................................................... 1,379 1,379 0 0 0




West Allis ....................................................................... 1,653 1,653 0 0 0Milwaukee Co ................................................................ 1,864 1,864 0 0 0Waukesha Co ................................................................ 1,122 1,122 0 0 0Cnsrt-Milwaukee Co ...................................................... 978 0 978 0 0State of Wisconsin ........................................................ 50,711 35,537 12,707 1,817 650

Subtotal ...................................................................... 110,631 82,792 24,396 2,793 650

State: WyomingCasper ........................................................................... 540 540 0 0 0Cheyenne ...................................................................... 646 646 0 0 0State of Wyoming .......................................................... 7,234 3,555 3,500 179 0

Subtotal ...................................................................... 8,420 4,741 3,500 179 0

Total .................................................................... 6,143,518 4,485,000 1,336,200 154,918 167,400

1 Not yet designated a Participating Jurisdiction for the HOME Program.

APPENDIX B.—COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 1995 REALLOCATION OF FISCAL YEAR1994 FUNDS $4,599,800

[Amounts in dollars]

ReallocationFY 1994 funds

(dollars)

California:Alhambra ...................................................................................................................................................................................... 10,339Baldwin Park ................................................................................................................................................................................. 11,146Bellflower ...................................................................................................................................................................................... 6,139Burbank ........................................................................................................................................................................................ 10,022Carson .......................................................................................................................................................................................... 10,022Compton ....................................................................................................................................................................................... 21,499Downey ......................................................................................................................................................................................... 7,817El Monte ....................................................................................................................................................................................... 21,643Gardena ........................................................................................................................................................................................ 6,182Glendale ....................................................................................................................................................................................... 21,845Hawthorne .................................................................................................................................................................................... 9,626Huntington Park ............................................................................................................................................................................ 15,130Inglewood ..................................................................................................................................................................................... 17,054Lakewood ..................................................................................................................................................................................... 4,986Lancaster ...................................................................................................................................................................................... 7,241Long Beach .................................................................................................................................................................................. 57,862Los Angeles .................................................................................................................................................................................. 598,564Lynwood ....................................................................................................................................................................................... 12,486Montebello .................................................................................................................................................................................... 8,531Monterey Park .............................................................................................................................................................................. 8,884Norwalk ......................................................................................................................................................................................... 11,773Palmdale City ............................................................................................................................................................................... 4,575Pasadena ...................................................................................................................................................................................... 17,616Pico Rivera ................................................................................................................................................................................... 9,006Pomona ........................................................................................................................................................................................ 18,790Rancho Cucamonga ..................................................................................................................................................................... 1,000Redondo Beach ............................................................................................................................................................................ 4,460Rosemead .................................................................................................................................................................................... 9,467San Diego ..................................................................................................................................................................................... 1,000San Jose ....................................................................................................................................................................................... 1,000Santa Clarita ................................................................................................................................................................................. 5,598Santa Monica ................................................................................................................................................................................ 11,124South Gate ................................................................................................................................................................................... 15,397West Covina ................................................................................................................................................................................. 7,594Whittier .......................................................................................................................................................................................... 6,297Los Angeles County ..................................................................................................................................................................... 273,285

Connecticut:Bristol ............................................................................................................................................................................................ 2,952East Hartford ................................................................................................................................................................................ 2,523Fairfield ......................................................................................................................................................................................... 47,603Manchester ................................................................................................................................................................................... 2,609Middletown .................................................................................................................................................................................... 2,423Milford Town ................................................................................................................................................................................. 43,874


APPENDIX B.—COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 1995 REALLOCATION OF FISCAL YEAR1994 FUNDS $4,599,800—Continued

[Amounts in dollars]

ReallocationFY 1994 funds

(dollars)

New Britain ................................................................................................................................................................................... 10,505Stratford ........................................................................................................................................................................................ 54,744West Hartford ............................................................................................................................................................................... 5,737

Florida:Pompano Beach ........................................................................................................................................................................... 1,000Dade County ................................................................................................................................................................................. 1,000Palm Beach County ...................................................................................................................................................................... 1,000

Georgia:Fulton County ............................................................................................................................................................................... 1,000

Indiana:East Chicago ................................................................................................................................................................................ 1,000Hammond ..................................................................................................................................................................................... 1,000

Michigan:Lansing ......................................................................................................................................................................................... 1,000

Minnesota:Minneapolis ................................................................................................................................................................................... 1,000

Missouri:Kansas City .................................................................................................................................................................................. 1,000

New Jersey:Bayonne ........................................................................................................................................................................................ 13,327Jersey City .................................................................................................................................................................................... 51,170Hudson County ............................................................................................................................................................................. 35,503

New York:New York ...................................................................................................................................................................................... 1,290Niagara Falls ................................................................................................................................................................................ 1,000Utica .............................................................................................................................................................................................. 1,000Orange County ............................................................................................................................................................................. 1,000

Pennsylvania:Allegheny County ......................................................................................................................................................................... 1,000

Texas:Arlington ........................................................................................................................................................................................ 12,879Dallas ............................................................................................................................................................................................ 2,064,121Denton .......................................................................................................................................................................................... 117,369Garland ......................................................................................................................................................................................... 200,255Grand Prairie ................................................................................................................................................................................ 137,710Houston ........................................................................................................................................................................................ 1,000Mesquite ....................................................................................................................................................................................... 106,817Plano ............................................................................................................................................................................................. 85,280Dallas County ............................................................................................................................................................................... 196,448Tarrant County .............................................................................................................................................................................. 19,951

Utah:Salt Lake County .......................................................................................................................................................................... 1,000

Virginia:Hopewell ....................................................................................................................................................................................... 3,940Petersburg .................................................................................................................................................................................... 9,689Richmond ...................................................................................................................................................................................... 73,672Chesterfield County ...................................................................................................................................................................... 17,409

APPENDIX C.—FY 1995 HOME PROGRAM MATCH REDUCTIONS FOR LOCALITIES

[Last column indicates 100% or 50% match reduction based on fiscal distress]

State Jurisdiction

PCI criterion Poverty criterion

MatchreductionPCI 1989 PCI ratio

Families Elderly and families

% Ratio % Ratio

AL ........... Birmingham .......................... 10,127 70.9 20.8 196.2 23.9 191.2 100AL ........... Huntsville .............................. 16,204 113.5 8.9 84.0 11.2 89.6AL ........... Jefferson Co ......................... 16,323 114.3 6.1 57.5 8.2 65.6 ...................AL ........... Mobile ................................... 12,509 87.6 18.4 173.6 20.7 165.6 50AL ........... Montgomery .......................... 12,755 89.3 14.4 135.8 17.3 138.4 50AL ........... Tuscaloosa ........................... 11,469 80.3 17.1 161.3 20.0 160.0 50AK .......... Anchorage ............................ 19,620 137.4 5.4 50.9 5.6 44.8 ...................AZ .......... Cnsrt-Maricopa Co ............... 15,192 106.4 7.4 69.8 8.6 68.8 ...................AZ .......... Cnsrt-Tucson ........................ 13,177 92.3 12.0 113.2 13.1 104.8 ...................AZ .......... Phoenix ................................. 14,096 98.7 10.5 99.1 11.8 94.4 ...................


APPENDIX C.—FY 1995 HOME PROGRAM MATCH REDUCTIONS FOR LOCALITIES—Continued[Last column indicates 100% or 50% match reduction based on fiscal distress]

State Jurisdiction




% Ratio % Ratio

AR .......... Fort Smith ............................. 12,994 91.0 10.5 99.1 14.2 113.6 ...................AR .......... Little Rock ............................. 15,307 107.2 10.8 101.9 12.7 101.6 ...................AR .......... North Little Rock ................... 12,390 86.8 12.8 120.8 16.9 135.2 50AR .......... Pine Bluff .............................. 9,530 66.8 22.9 216.0 26.6 212.8 100CA .......... Alhambra .............................. 13,436 94.1 11.5 108.5 12.1 96.8 ...................CA .......... Anaheim ............................... 15,746 110.3 7.4 69.8 7.8 62.4 ...................CA .......... Bakersfield ............................ 14,183 99.3 12.4 117.0 12.8 102.4 ...................CA .......... Baldwin Park ........................ 8,858 62.0 12.8 120.8 13.0 104.0 50CA .......... Bellflower .............................. 14,304 100.2 7.4 69.8 7.9 63.2 ...................CA .......... Berkeley ................................ 18,720 131.1 9.4 88.7 10.4 83.2 ...................CA .......... Burbank ................................ 18,897 132.4 5.9 55.7 7.1 56.8 ...................CA .......... Chico .................................... 10,584 74.1 15.9 150.0 15.0 120.0 100CA .......... Chula Vista ........................... 14,102 98.8 8.6 81.1 9.0 72.0 ...................CA .......... Cnsrt-Alameda Co ................ 18,726 131.2 4.5 42.5 5.3 42.4 ...................CA .......... Cnsrt-Contra Costa Co ......... 21,495 150.6 4.6 43.4 5.1 40.8 ...................CA .......... Cnsrt-San Bernardino Co ..... 13,442 94.2 9.9 93.4 10.4 83.2 ...................CA .......... Cnsrt-San Diego Co ............. 17,210 120.5 5.8 54.7 6.4 51.2 ...................CA .......... Cnsrt-San Mateo Co ............ 22,057 154.5 4.1 38.7 5.2 41.6 ...................CA .......... Cnsrt-Santa Barbara Co ....... 16,546 115.9 7.7 72.6 8.0 64.0 ...................CA .......... Cnsrt-Ventura Co ................. 17,962 125.8 5.3 50.0 5.9 47.2 ...................CA .......... Compton ............................... 7,842 54.9 24.2 228.3 24.1 192.8 100CA .......... Costa Mesa .......................... 18,750 131.3 6.0 56.6 6.4 51.2 ...................CA .......... Downey ................................. 16,696 116.9 5.7 53.8 6.4 51.2 ...................CA .......... El Cajon ................................ 13,518 94.7 10.7 100.9 10.7 85.6 ...................CA .......... El Monte ............................... 8,056 56.4 18.5 174.5 18.0 144.0 100CA .......... Escondido City ..................... 14,647 102.6 7.8 73.6 8.6 68.8 ...................CA .......... Fairfield ................................. 13,713 96.0 6.3 59.4 6.9 55.2 ...................CA .......... Fontana ................................ 11,585 81.1 10.2 96.2 10.8 86.4 ...................CA .......... Fresno .................................. 11,528 80.7 19.3 182.1 18.6 148.8 50CA .......... Fresno Co ............................. 12,513 87.6 13.2 124.5 13.5 108.0 50CA .......... Fullerton ................................ 19,098 133.8 5.6 52.8 6.1 48.8 ...................CA .......... Garden Grove ....................... 13,976 97.9 7.8 73.6 8.2 65.6 ...................CA .......... Glendale ............................... 17,966 125.8 12.3 116.0 12.5 100.0 ...................CA .......... Hawthorne ............................ 13,880 97.2 11.8 111.3 12.1 96.8 ...................CA .......... Huntington Beach ................. 23,500 164.6 3.2 30.2 3.7 29.6 ...................CA .......... Huntington Park .................... 7,238 50.7 21.7 204.7 21.8 174.4 100CA .......... Inglewood ............................. 11,899 83.3 14.1 133.0 14.3 114.4 50CA .......... Kern Co ................................ 11,155 78.1 14.5 136.8 14.9 119.2 50CA .......... Lancaster .............................. 14,842 104.0 7.7 72.6 8.5 68.0 ...................CA .......... Long Beach .......................... 15,639 109.5 13.5 127.4 13.6 108.8 50CA .......... Los Angeles .......................... 16,188 113.4 14.9 140.6 15.0 120.0 50CA .......... Los Angeles Co .................... 17,292 121.1 9.0 84.9 9.4 75.2 ...................CA .......... Lynwood ............................... 7,260 50.9 20.1 189.6 20.4 163.2 100CA .......... Marin Co ............................... 28,381 198.8 3.0 28.3 3.7 29.6 ...................CA .......... Merced .................................. 10,237 71.7 20.2 190.6 19.7 157.6 100CA .......... Modesto ................................ 13,572 95.1 10.5 99.1 10.8 86.4 ...................CA .......... Montebello ............................ 12,276 86.0 11.6 109.4 12.1 96.8 ...................CA .......... Monterey Park ...................... 13,290 93.1 13.4 126.4 13.7 109.6 50CA .......... Moreno Valley ...................... 13,474 94.4 6.9 65.1 7.1 56.8 ...................CA .......... Mountain View ...................... 22,436 157.1 3.8 35.8 4.7 37.6 ...................CA .......... National City ......................... 8,658 60.6 20.2 190.6 19.7 157.6 100CA .......... Norwalk ................................. 11,713 82.0 7.2 67.9 7.9 63.2 ...................CA .......... Oakland ................................ 14,676 102.8 16.7 157.5 16.7 133.6 50CA .......... Oceanside ............................ 14,522 101.7 6.7 63.2 7.3 58.4 ...................CA .......... Ontario .................................. 12,120 84.9 10.6 100.0 10.6 84.8 ...................CA .......... Orange .................................. 19,064 133.5 4.7 44.3 5.4 43.2 ...................CA .......... Orange Co ............................ 24,046 168.4 3.6 34.0 4.1 32.8 ...................CA .......... Oxnard .................................. 12,096 84.7 9.6 90.6 9.8 78.4 ...................CA .......... Pasadena ............................. 19,588 137.2 11.1 104.7 11.9 95.2 ...................CA .......... Pomona ................................ 10,728 75.1 14.0 132.1 14.0 112.0 50CA .......... Redding ................................ 13,040 91.3 11.1 104.7 11.0 88.0 ...................CA .......... Richmond ............................. 14,630 102.5 13.5 127.4 14.0 112.0 50CA .......... Riverside ............................... 14,235 99.7 8.4 79.2 8.8 70.4 ...................CA .......... Riverside Co ......................... 13,872 97.2 8.9 84.0 9.7 77.6 ...................CA .......... Rosemead ............................ 9,796 68.6 16.2 152.8 16.3 130.4 100CA .......... Sacramento .......................... 14,087 98.7 13.8 130.2 13.6 108.8 50CA .......... Sacramento Co .................... 15,913 111.5 7.8 73.6 8.0 64.0 ...................



State Jurisdiction




% Ratio % Ratio

CA .......... Salinas .................................. 11,351 79.5 12.4 117.0 12.4 99.2 ...................CA .......... San Bernardino .................... 10,865 76.1 19.5 184.0 18.8 150.4 50CA .......... San Diego ............................. 16,401 114.9 9.7 91.5 10.1 80.8 ...................CA .......... San Francisco ...................... 19,695 137.9 9.7 91.5 10.6 84.8 ...................CA .......... San Joaquin Co .................... 13,780 96.5 8.6 81.1 9.2 73.6 ...................CA .......... San Jose .............................. 16,905 118.4 6.5 61.3 7.1 56.8 ...................CA .......... San Luis Obispo Co ............. 15,112 105.8 6.8 64.2 7.4 59.2 ...................CA .......... San Mateo ............................ 22,746 159.3 3.9 36.8 5.1 40.8 ...................CA .......... Santa Ana ............................. 10,019 70.2 12.5 117.9 12.8 102.4 50CA .......... Santa Barbara ...................... 18,934 132.6 7.8 73.6 8.4 67.2 ...................CA .......... Santa Clara .......................... 19,676 137.8 3.7 34.9 5.3 42.4 ...................CA .......... Santa Clara Co ..................... 26,101 182.8 2.8 26.4 3.6 28.8 ...................CA .......... Santa Monica ....................... 29,134 204.1 5.7 53.8 7.9 63.2 ...................CA .......... Santa Rosa ........................... 17,259 120.9 5.5 51.9 6.4 51.2 ...................CA .......... Sonoma Co .......................... 17,242 120.8 5.5 51.9 6.3 50.4 ...................CA .......... South Gate ........................... 8,368 58.6 15.2 143.4 15.4 123.2 100CA .......... Stockton ............................... 11,331 79.4 16.9 159.4 16.5 132.0 50CA .......... Sunnyvale ............................. 22,309 156.3 3.3 31.1 3.8 30.4 ...................CA .......... Torrance ............................... 22,095 154.8 3.6 34.0 4.5 36.0 ...................CA .......... Vallejo ................................... 14,271 100.0 6.9 65.1 7.6 60.8 ...................CA .......... Visalia ................................... 12,994 91.0 14.1 133.0 13.8 110.4 50CO .......... Adams Co ............................. 12,929 90.6 7.0 66.0 7.9 63.2 ...................CO .......... Arapahoe Co ........................ 19,479 136.4 4.2 39.6 5.3 42.4 ...................CO .......... Aurora ................................... 15,255 106.9 6.1 57.5 6.8 54.4 ...................CO .......... Boulder ................................. 17,268 120.9 7.5 70.8 8.4 67.2 ...................CO .......... Cnsrt-Pueblo ......................... 10,347 72.5 16.7 157.5 18.3 146.4 100CO .......... Colorado Springs .................. 14,243 99.8 8.6 81.1 9.5 76.0 ...................CO .......... Denver .................................. 15,590 109.2 13.1 123.6 15.1 120.8 ...................CO .......... Fort Collins ........................... 13,439 94.1 8.0 75.5 9.7 77.6 ...................CO .......... Greeley ................................. 11,461 80.3 12.2 115.1 13.9 111.2 ...................CO .......... Jefferson Co ......................... 18,818 131.8 3.1 29.2 4.0 32.0 ...................CO .......... Lakewood ............................. 16,726 117.2 5.2 49.1 6.4 51.2 ...................CT .......... Bridgeport ............................. 13,156 92.1 15.0 141.5 16.1 128.8 50CT .......... Hartford ................................. 11,081 77.6 25.7 242.5 26.1 208.8 50CT .......... New Britain ........................... 14,715 103.1 10.7 100.9 12.1 96.8 ...................CT .......... New Haven ........................... 12,968 90.8 18.2 171.7 20.0 160.0 50CT .......... Stamford ............................... 27,092 189.8 3.9 36.8 5.8 46.4 ...................CT .......... Waterbury ............................. 14,209 99.5 9.9 93.4 12.2 97.6 ...................DE .......... New Castle Co ..................... 18,057 126.5 3.3 31.1 4.6 36.8 ...................DE .......... Wilmington ............................ 14,256 99.9 15.1 142.5 17.7 141.6 50FL ........... Broward Co .......................... 15,883 111.2 6.9 65.1 9.2 73.6 ...................FL ........... Cnsrt-Brevard Co ................. 15,082 105.6 6.3 59.4 7.9 63.2 ...................FL ........... Cnsrt-Escambia Co .............. 12,311 86.2 12.7 119.8 14.7 117.6 ...................FL ........... Cnsrt-Palm Beach Co .......... 18,796 131.7 6.0 56.6 7.9 63.2 ...................FL ........... Cnsrt-Pinellas Co ................. 16,070 112.6 5.1 48.1 7.5 60.0 ...................FL ........... Cnsrt-Sarasota ..................... 18,441 129.2 4.6 43.4 6.3 50.4 ...................FL ........... Cnsrt-Volusia Co .................. 15,034 105.3 6.0 56.6 7.9 63.2 ...................FL ........... Dade Co ............................... 15,451 108.2 10.2 96.2 12.1 96.8 ...................FL ........... Daytona Beach ..................... 11,901 83.4 16.0 150.9 17.8 142.4 50FL ........... Fort Lauderdale .................... 19,814 138.8 13.1 123.6 14.5 116.0 ...................FL ........... Gainesville ............................ 11,549 80.9 15.7 148.1 17.0 136.0 50FL ........... Hialeah ................................. 8,914 62.4 15.5 146.2 19.1 152.8 100FL ........... Hillsborough Co .................... 14,671 102.8 7.0 66.0 8.4 67.2 ...................FL ........... Hollywood ............................. 16,303 114.2 7.7 72.6 10.5 84.0 ...................FL ........... Jacksonville .......................... 13,857 97.1 9.8 92.5 12.4 99.2 ...................FL ........... Lakeland ............................... 13,487 94.5 10.2 96.2 13.0 104.0 ...................FL ........... Lee Co .................................. 16,556 116.0 5.1 48.1 6.6 52.8 ...................FL ........... Miami .................................... 9,799 68.6 25.7 242.5 31.3 250.4 100FL ........... Miami Beach ......................... 16,504 115.6 19.9 187.7 25.8 206.4 50FL ........... Orange Co ............................ 14,841 104.0 6.6 62.3 7.9 63.2 ...................FL ........... Orlando ................................. 13,879 97.2 12.2 115.1 15.3 122.4 ...................FL ........... Pasco Co .............................. 11,747 82.3 7.9 74.5 10.3 82.4 ...................FL ........... Polk Co ................................. 11,987 84.0 9.2 86.8 11.5 92.0 ...................FL ........... St. Petersburg ...................... 14,132 99.0 9.5 89.6 12.5 100.0 ...................FL ........... Tallahassee .......................... 13,247 92.8 11.9 112.3 13.6 108.8 ...................FL ........... Tampa .................................. 13,277 93.0 15.0 141.5 18.6 148.8 50FL ........... West Palm Beach ................. 15,712 110.1 12.7 119.8 16.2 129.6 50



State Jurisdiction




% Ratio % Ratio

GA .......... Albany ................................... 10,496 73.5 22.1 208.5 24.6 196.8 100GA .......... Athens-Clarke ....................... 11,604 81.3 14.2 134.0 17.2 137.6 50GA .......... Atlanta .................................. 15,279 107.0 24.6 232.1 27.3 218.4 50GA .......... Augusta ................................ 10,367 72.6 27.9 263.2 32.1 256.8 100GA .......... Cnsrt-Cobb Co ..................... 19,456 136.3 4.1 38.7 5.3 42.4GA .......... Columbus-Muscogee ............ 11,949 83.7 14.9 140.6 17.7 141.6 50GA .......... De Kalb Co ........................... 17,463 122.3 6.1 57.5 7.1 56.8 ...................GA .......... Macon ................................... 11,502 80.6 20.8 196.2 23.6 188.8 50GA .......... Savannah ............................. 10,978 76.9 18.5 174.5 21.4 171.2 50HI ........... Honolulu ............................... 16,256 113.9 5.4 50.9 6.6 52.8 ...................ID ........... Boise ..................................... 15,208 106.5 6.3 59.4 8.0 64.0 ...................IL ............ Chicago ................................ 12,899 90.3 18.3 172.6 19.8 158.4 50IL ............ Cnsrt-Cook Co ...................... 18,729 131.2 4.1 38.7 5.2 41.6 ...................IL ............ Cnsrt-Du Page Co ................ 20,353 142.6 2.4 22.6 3.1 24.8 ...................IL ............ Cnsrt-Lake Co ...................... 21,626 151.5 3.7 34.9 4.7 37.6 ...................IL ............ Cnsrt-St. Clair Co ................. 12,874 90.2 10.8 101.9 11.8 94.4 ...................IL ............ Cnsrt-Urbana ........................ 13,326 93.3 8.6 81.1 9.2 73.6 ...................IL ............ Decatur ................................. 13,348 93.5 12.3 116.0 13.5 108.0 ...................IL ............ East St. Louis ....................... 6,421 45.0 39.5 372.6 40.4 323.2 100IL ............ Evanston ............................... 22,346 156.5 5.3 50.0 6.5 52.0 ...................IL ............ Joliet ..................................... 13,091 91.7 9.6 90.6 11.9 95.2 ...................IL ............ Madison Co .......................... 13,265 92.9 8.4 79.2 9.9 79.2 ...................IL ............ McHenry Co ......................... 17,279 121.0 3.5 33.0 3.5 28.0 ...................IL ............ Peoria ................................... 14,039 98.3 15.1 142.5 16.5 132.0 50IL ............ Rockford ............................... 14,109 98.8 10.5 99.1 12.4 99.2 ...................IL ............ Springfield ............................. 14,813 103.8 9.7 91.5 11.4 91.2 ...................IL ............ Will Co .................................. 15,477 108.4 3.2 30.2 4.2 33.6 ...................IN ........... Anderson .............................. 12,161 85.2 15.2 143.4 16.3 130.4 50IN ........... Bloomington .......................... 10,616 74.4 15.3 144.3 14.9 119.2 100IN ........... Cnsrt-Lafayette ..................... 12,570 88.0 6.6 62.3 8.2 65.6 ...................IN ........... Cnsrt-South Bend ................. 13,277 93.0 7.1 67.0 8.9 71.2 ...................IN ........... East Chicago ........................ 9,090 63.7 24.5 231.1 24.7 197.6 100IN ........... Evansville ............................. 12,564 88.0 11.2 105.7 14.0 112.0 ...................IN ........... Fort Wayne ........................... 12,726 89.1 8.3 78.3 9.8 78.4 ...................IN ........... Gary ...................................... 8,994 63.0 26.4 249.1 27.6 220.8 100IN ........... Hammond ............................. 11,576 81.1 11.8 111.3 12.9 103.2 ...................IN ........... Indianapolis .......................... 14,605 102.3 9.7 91.5 0.0 0.0 ...................IN ........... Lake Co ................................ 15,323 107.3 3.6 34.0 4.6 36.8 ...................IN ........... Muncie .................................. 10,686 74.8 14.3 134.9 16.6 132.8 100IN ........... Terre Haute .......................... 10,527 73.7 15.5 146.2 18.4 147.2 100IA ............ Cedar Rapids ....................... 15,246 106.8 6.6 62.3 8.1 64.8 ...................IA ............ Cnsrt-Sioux City ................... 12,130 85.0 10.4 98.1 12.2 97.6 ...................IA ............ Davenport ............................. 12,557 88.0 12.4 117.0 13.3 106.4 ...................IA ............ Des Moines .......................... 13,710 96.0 9.5 89.6 11.0 88.0 ...................IA ............ Iowa City ............................... 13,277 93.0 9.3 87.7 9.6 76.8 ...................IA ............ Waterloo ............................... 12,475 87.4 14.3 134.9 15.1 120.8 50KS .......... Cnsrt-Johnson Co ................ 20,593 144.2 2.5 23.6 3.5 28.0 ...................KS .......... Kansas City .......................... 10,478 73.4 14.6 137.7 16.8 134.4 100KS .......... Lawrence .............................. 11,760 82.4 11.5 108.5 12.4 99.2 ...................KS .......... Topeka .................................. 13,680 95.8 9.3 87.7 10.8 86.4 ...................KS .......... Wichita .................................. 14,516 101.7 9.5 89.6 10.8 86.4 ...................KY .......... Covington ............................. 10,293 72.1 17.7 167.0 20.3 162.4 100KY .......... Jefferson Co ......................... 15,654 109.6 6.3 59.4 7.3 58.4 ...................KY .......... Lexington-Fayette ................. 14,962 104.8 10.2 96.2 12.1 96.8 ...................KY .......... Louisville ............................... 11,527 80.7 18.6 175.5 21.2 169.6 50KY .......... Owensboro ........................... 11,492 80.5 15.3 144.3 18.3 146.4 50LA ........... Alexandria ............................. 10,887 76.3 24.0 226.4 26.0 208.0 50LA ........... Baton Rouge ........................ 13,220 92.6 15.4 145.3 22.1 176.8 50LA ........... Cnsrt-Jefferson Parish .......... 12,764 89.4 11.6 109.4 13.0 104.0 ...................LA ........... Houma-Terrebone ................ 9,505 66.6 20.2 190.6 22.0 176.0 100LA ........... Lafayette ............................... 12,925 90.5 17.0 160.4 19.5 156.0 50LA ........... Lake Charles ........................ 11,475 80.4 20.3 191.5 22.2 177.6 50LA ........... Monroe ................................. 10,037 70.3 31.6 298.1 33.2 265.6 100LA ........... New Orleans ......................... 11,372 79.7 27.3 257.5 29.3 234.4 50LA ........... Shreveport ............................ 11,663 81.7 20.2 190.6 22.8 182.4 50ME .......... Portland ................................ 14,914 104.5 10.6 100.0 13.7 109.6 ...................MD ......... Anne Arundel Co .................. 18,522 129.7 2.5 23.6 3.6 28.8



State Jurisdiction




% Ratio % Ratio

MD ......... Baltimore .............................. 11,994 84.0 17.8 167.9 20.6 164.8 50MD ......... Baltimore Co ......................... 18,658 130.7 3.8 35.8 5.2 41.6MD ......... Montgomery Co .................... 25,433 178.1 2.8 26.4 3.5 28.0MD ......... Prince Georges Co ............... 17,512 122.7 3.7 34.9 4.6 36.8MA .......... Boston .................................. 15,581 109.1 15.0 141.5 16.8 134.4 50MA .......... Brockton ............................... 13,455 94.2 11.7 110.4 13.1 104.8MA .......... Cambridge ............................ 19,879 139.2 7.2 67.9 9.7 77.6MA .......... Cnsrt-Barnstable Co ............. 16,402 114.9 5.8 54.7 7.4 59.2MA .......... Cnsrt-Fitchburg ..................... 13,977 97.9 8.7 82.1 10.5 84.0MA .......... Cnsrt-Holyoke ....................... 12,464 87.3 14.3 134.9 15.4 123.2 50MA .......... Cnsrt-Malden ........................ 16,550 115.9 7.1 67.0 9.8 78.4MA .......... Cnsrt-Newton ........................ 24,601 172.3 3.2 30.2 5.2 41.6MA .......... Cnsrt-Peabody ...................... 17,833 124.9 6.3 59.4 8.1 64.8MA .......... Cnsrt-Quincy ......................... 17,808 124.7 4.4 41.5 6.6 52.8MA .......... Fall River .............................. 10,966 76.8 12.3 116.0 15.8 126.4 50MA .......... Lawrence .............................. 9,686 67.8 25.6 241.5 25.7 205.6 100MA .......... Lowell ................................... 12,701 89.0 15.1 142.5 16.5 132.0 50MA .......... New Bedford ......................... 10,923 76.5 14.6 137.7 16.5 132.0 50MA .......... Somerville ............................. 15,179 106.3 7.6 71.7 10.4 83.2MA .......... Springfield ............................. 11,584 81.1 17.7 167.0 17.9 143.2 50MA .......... Worcester ............................. 13,393 93.8 12.2 115.1 14.4 115.2MI ........... Ann Arbor ............................. 17,786 124.6 6.0 56.6 7.2 57.6MI ........... Battle Creek .......................... 12,963 90.8 14.1 133.0 15.6 124.8 50MI ........... Dearborn ............................... 16,852 118.0 8.2 77.4 9.4 75.2MI ........... Detroit ................................... 9,443 66.1 29.0 273.6 29.6 236.8 100MI ........... Flint ....................................... 10,415 72.9 27.6 260.4 26.9 215.2 100MI ........... Genesee Co ......................... 15,109 105.8 8.0 75.5 9.1 72.8MI ........... Grand Rapids ....................... 12,070 84.5 12.6 118.9 13.6 108.8MI ........... Jackson ................................ 10,410 72.9 21.2 200.0 21.8 174.4 100MI ........... Kalamazoo ............................ 11,956 83.7 19.3 182.1 19.4 155.2 50MI ........... Kent Co ................................ 16,497 115.5 3.3 31.1 4.5 36.0MI ........... Lansing ................................. 12,232 85.7 16.5 155.7 17.3 138.4 50MI ........... Macomb Co .......................... 16,502 115.6 4.0 37.7 5.6 44.8MI ........... Muskegon ............................. 8,890 62.3 23.0 217.0 23.5 188.0 100MI ........... Oakland Co .......................... 19,797 138.7 3.9 36.8 5.1 40.8MI ........... Pontiac .................................. 9,847 69.0 24.1 227.4 25.6 204.8 100MI ........... Port Huron ............................ 11,210 78.5 20.0 188.7 20.8 166.4 50MI ........... Saginaw ................................ 8,944 62.6 28.5 268.9 28.6 228.8 100MI ........... Warren .................................. 15,224 106.6 5.1 48.1 6.1 48.8MI ........... Wayne Co ............................. 17,930 125.6 5.7 53.8 6.8 54.4MI ........... Westland ............................... 15,079 105.6 5.6 52.8 6.8 54.4MN ......... Cnsrt-Dakota Co ................... 16,643 116.6 3.6 34.0 4.5 36.0MN ......... Cnsrt-Hennepin Co ............... 20,501 143.6 3.0 28.3 4.0 32.0MN ......... Cnsrt-St. Louis Co ................ 11,619 81.4 9.9 93.4 12.5 100.0MN ......... Minneapolis .......................... 14,830 103.9 14.1 133.0 15.0 120.0 50MN ......... St. Paul ................................. 13,727 96.1 12.4 117.0 13.7 109.6MS .......... Hattiesburg ........................... 10,013 70.1 30.0 283.0 30.0 240.0 100MS .......... Jackson ................................ 12,216 85.6 18.0 169.8 20.5 164.0 50MO ......... Columbia .............................. 12,452 87.2 12.4 117.0 13.0 104.0MO ......... Independence ....................... 13,208 92.5 6.9 65.1 8.8 70.4MO ......... Kansas City .......................... 13,799 96.7 11.7 110.4 14.1 112.8MO ......... Springfield ............................. 11,878 83.2 11.6 109.4 14.3 114.4 ...................MO ......... St. Joseph ............................ 11,044 77.4 13.2 124.5 15.3 122.4 50MO ......... St. Louis ............................... 10,798 75.6 20.6 194.3 22.6 180.8 50MO ......... St. Louis Co .......................... 17,675 123.8 4.3 40.6 5.4 43.2 ...................MT .......... Billings .................................. 12,834 89.9 9.2 86.8 10.4 83.2 ...................MT .......... Great Falls ............................ 12,603 88.3 11.2 105.7 13.1 104.8 ...................NE .......... Lincoln .................................. 13,720 96.1 6.5 61.3 8.1 64.8 ...................NE .......... Omaha .................................. 13,957 97.8 9.6 90.6 11.5 92.0 ...................NV .......... Cnsrt-Clark Co ...................... 14,983 104.9 7.8 73.6 9.1 72.8 ...................NV .......... Cnsrt-Reno ........................... 16,365 114.6 6.4 60.4 7.4 59.2 ...................NH .......... Manchester ........................... 15,111 105.8 6.3 59.4 9.2 73.6 ...................NJ ........... Atlantic City .......................... 12,017 84.2 20.6 194.3 24.6 196.8 50NJ ........... Bergen Co ............................ 24,080 168.7 2.7 25.5 4.2 33.6 ...................NJ ........... Burlington Co ........................ 18,278 128.0 2.7 25.5 3.6 28.8 ...................NJ ........... Camden ................................ 7,276 51.0 34.1 321.7 35.5 284.0 100NJ ........... Cnsrt-Camden Co ................ 17,795 124.6 3.3 31.1 4.7 37.6 ...................



State Jurisdiction




% Ratio % Ratio

NJ ........... Cnsrt-Hudson Co .................. 15,480 108.4 9.7 91.5 13.0 104.0 ...................NJ ........... Cnsrt-Mercer Co ................... 21,419 150.0 2.2 20.8 3.3 26.4 ...................NJ ........... Cnsrt-Morris Co .................... 25,177 176.3 1.8 17.0 2.8 22.4 ...................NJ ........... Cnsrt-Ocean Co ................... 15,542 108.9 4.3 40.6 5.9 47.2 ...................NJ ........... Cnsrt-Union Co ..................... 21,824 152.9 3.2 30.2 4.9 39.2 ...................NJ ........... Cnsrt-Vineland ...................... 12,670 88.7 11.0 103.8 13.9 111.2 ...................NJ ........... East Orange ......................... 12,376 86.7 15.6 147.2 18.5 148.0 50NJ ........... Elizabeth ............................... 12,112 84.8 13.7 129.2 15.2 121.6 50NJ ........... Essex Co .............................. 26,400 184.9 3.3 31.1 5.2 41.6 ...................NJ ........... Gloucester Co ...................... 15,242 106.8 4.7 44.3 6.0 48.0 ...................NJ ........... Irvington ................................ 12,982 90.9 10.3 97.2 12.7 101.6 ...................NJ ........... Jersey City ............................ 13,060 91.5 16.6 156.6 18.3 146.4 50NJ ........... Middlesex Co ........................ 20,219 141.6 2.2 20.8 3.6 28.8 ...................NJ ........... Monmouth Co ....................... 20,886 146.3 2.7 25.5 4.4 35.2 ...................NJ ........... Newark ................................. 9,424 66.0 22.8 215.1 26.1 208.8 100NJ ........... Passaic ................................. 11,057 77.4 14.6 137.7 17.1 136.8 50NJ ........... Paterson ............................... 10,518 73.7 15.7 148.1 17.7 141.6 100NJ ........... Perth Amboy ......................... 11,351 79.5 12.5 117.9 14.8 118.4 ...................NJ ........... Somerset Co ........................ 25,111 175.9 1.4 13.2 2.5 20.0 ...................NJ ........... Trenton ................................. 11,018 77.2 15.1 142.5 17.2 137.6 50NM ......... Albuquerque ......................... 14,013 98.2 10.3 97.2 11.6 92.8 ...................NM ......... Las Cruces ........................... 11,175 78.3 16.6 156.6 17.2 137.6 50NY .......... Albany ................................... 13,742 96.3 12.1 114.2 13.9 111.2 ...................NY .......... Babylon Town ....................... 16,726 117.2 3.7 34.9 4.8 38.4 ...................NY .......... Binghamton .......................... 12,106 84.8 12.0 113.2 14.7 117.6 ...................NY .......... Buffalo .................................. 10,445 73.2 21.7 204.7 23.6 188.8 100NY .......... Cnsrt-Amherst ...................... 15,956 111.8 3.6 34.0 5.4 43.2 ...................NY .......... Cnsrt-Dutchess Co ............... 17,275 121.0 3.7 34.9 5.3 42.4 ...................NY .......... Cnsrt-Erie Co ........................ 14,464 101.3 4.1 38.7 5.8 46.4 ...................NY .......... Cnsrt-Jefferson Co ............... 10,719 75.1 11.0 103.8 13.2 105.6 ...................NY .......... Cnsrt-Monroe Co .................. 18,303 128.2 2.4 22.6 3.3 26.4 ...................NY .......... Cnsrt-Onondaga Co ............. 16,503 115.6 2.9 27.4 4.2 33.6 ...................NY .......... Cnsrt-Orange Co .................. 15,521 108.7 5.2 49.1 7.0 56.0 ...................NY .......... Cnsrt-Schenectady ............... 14,439 101.1 7.8 73.6 10.2 81.6 ...................NY .......... Elmira ................................... 9,489 66.5 19.4 183.0 20.2 161.6 100NY .......... Islip Town ............................. 16,778 117.5 3.4 32.1 4.3 34.4 ...................NY .......... Jamestown ........................... 10,731 75.2 14.6 137.7 15.4 123.2 50NY .......... Mount Vernon ....................... 15,835 110.9 8.9 84.0 11.6 92.8NY .......... Nassau Co ............................ 21,329 149.4 2.6 24.5 3.9 31.2NY .......... New Rochelle ....................... 23,745 166.3 4.7 44.3 7.9 63.2NY .......... New York .............................. 16,281 114.0 16.3 153.8 18.4 147.2 50NY .......... Niagara Falls ........................ 10,904 76.4 15.5 146.2 17.2 137.6 50NY .......... Rochester ............................. 11,704 82.0 21.1 199.1 21.2 169.6 50NY .......... Rockland Co ......................... 20,283 142.1 3.7 34.9 5.1 40.8NY .......... Suffolk Co ............................. 17,633 123.5 3.5 33.0 5.0 40.0NY .......... Syracuse ............................... 11,351 79.5 17.0 160.4 18.2 145.6 50NY .......... Utica ..................................... 10,726 75.1 16.6 156.6 18.8 150.4 50NY .......... Westchester Co .................... 30,382 212.8 2.6 24.5 3.9 31.2NY .......... Yonkers ................................ 17,484 122.5 9.0 84.9 11.0 88.0NC .......... Charlotte ............................... 16,793 117.6 8.5 80.2 10.6 84.8NC .......... Cnsrt-Asheville ..................... 12,882 90.2 8.7 82.1 12.5 100.0NC .......... Cnsrt-Chapel Hill .................. 15,835 110.9 6.4 60.4 8.5 68.0NC .......... Cnsrt-Durham ....................... 14,997 105.0 8.8 83.0 11.4 91.2NC .......... Cnsrt-Gastonia ..................... 12,681 88.8 8.0 75.5 10.8 86.4NC .......... Cnsrt-Greensboro ................. 15,410 107.9 8.0 75.5 10.1 80.8NC .......... Cnsrt-Surry Co ..................... 12,224 85.6 8.0 75.5 13.3 106.4NC .......... Cnsrt-Winston-Salem ........... 16,151 113.1 7.8 73.6 10.3 82.4NC .......... Cumberland Co .................... 10,445 73.2 12.4 117.0 12.4 99.2 50NC .......... Fayetteville ........................... 12,825 89.8 15.3 144.3 18.0 144.0 50NC .......... Goldsboro ............................. 10,726 75.1 17.4 164.2 20.8 166.4 50NC .......... Raleigh ................................. 16,896 118.3 7.7 72.6 10.0 80.0NC .......... Rocky Mount ........................ 12,593 88.2 15.6 147.2 20.2 161.6 50NC .......... Wake Co ............................... 17,520 122.7 3.6 34.0 5.4 43.2NC .......... Wilmington ............................ 12,077 84.6 16.8 158.5 19.6 156.8 50ND .......... Fargo .................................... 13,554 94.9 7.9 74.5 9.6 76.8OH .......... Akron .................................... 12,015 84.2 16.5 155.7 17.5 140.0 50OH .......... Canton .................................. 10,133 71.0 18.8 177.4 19.5 156.0 100



State Jurisdiction




% Ratio % Ratio

OH .......... Cincinnati .............................. 12,547 87.9 20.7 195.3 22.5 180.0 50OH .......... Cleveland .............................. 9,258 64.8 25.2 237.7 26.7 213.6 100OH .......... Cnsrt-Cuyahoga Co .............. 18,212 127.6 3.2 30.2 4.9 39.2OH .......... Cnsrt-Montgomery Co .......... 16,540 115.9 4.9 46.2 6.2 49.6OH .......... Cnsrt-Stark Co ...................... 13,758 96.4 6.3 59.4 7.8 62.4OH .......... Cnsrt-Warren ........................ 12,900 90.4 9.4 88.7 11.3 90.4OH .......... Columbus ............................. 13,151 92.1 12.6 118.9 14.1 112.8OH .......... Dayton .................................. 9,946 69.7 22.0 207.5 23.1 184.8 100OH .......... East Cleveland ..................... 9,020 63.2 25.9 244.3 28.1 224.8 100OH .......... Franklin Co ........................... 18,560 130.0 3.4 32.1 4.4 35.2OH .......... Hamilton City ........................ 11,108 77.8 14.0 132.1 15.4 123.2 50OH .......... Hamilton Co .......................... 16,185 113.4 4.3 40.6 5.6 44.8OH .......... Lake Co ................................ 15,185 106.4 3.7 34.9 4.8 38.4OH .......... Lima ...................................... 9,535 66.8 18.6 175.5 20.6 164.8 100OH .......... Lorain .................................... 10,676 74.8 16.6 156.6 17.6 140.8 100OH .......... Mansfield .............................. 11,774 82.5 14.5 136.8 17.0 136.0 50OH .......... Springfield ............................. 10,648 74.6 16.6 156.6 18.1 144.8 100OH .......... Summit Co ............................ 16,840 118.0 3.6 34.0 4.8 38.4OH .......... Toledo ................................... 11,894 83.3 15.4 145.3 16.8 134.4 50OH .......... Youngstown .......................... 8,544 59.8 24.4 230.2 25.4 203.2 100OK .......... Cnsrt-Tulsa Co ..................... 12,184 85.3 10.8 101.9 11.0 88.0OK .......... Lawton .................................. 10,772 75.5 13.4 126.4 15.0 120.0 50OK .......... Norman ................................. 13,690 95.9 8.2 77.4 9.7 77.6 ...................OK .......... Oklahoma City ...................... 13,528 94.8 12.0 113.2 14.0 112.0 ...................OK .......... Tulsa ..................................... 15,434 108.1 11.5 108.5 13.4 107.2 ...................OR .......... Clackamas Co ...................... 16,329 114.4 4.7 44.3 6.2 49.6 ...................OR .......... Cnsrt-Eugene ....................... 12,846 90.0 10.3 97.2 11.3 90.4 ...................OR .......... Cnsrt-Portland ...................... 14,479 101.4 8.9 84.0 10.7 85.6 ...................OR .......... Cnsrt-Salem .......................... 12,722 89.1 9.3 87.7 11.1 88.8 ...................OR .......... Cnsrt-Washington Co ........... 16,357 114.6 4.8 45.3 5.7 45.6 ...................PA .......... Allegheny Co ........................ 16,335 114.4 5.9 55.7 7.8 62.4 ...................PA .......... Allentown .............................. 12,822 89.8 9.3 87.7 11.3 90.4 ...................PA .......... Altoona ................................. 10,398 72.8 14.0 132.1 15.8 126.4 100PA .......... Beaver Co ............................ 11,695 81.9 10.8 101.9 12.3 98.4 ...................PA .......... Berks Co ............................... 15,686 109.9 2.6 24.5 4.4 35.2 ...................PA .......... Bethlehem ............................ 13,684 95.8 8.8 83.0 11.3 90.4 ...................PA .......... Chester Co ........................... 20,601 144.3 3.0 28.3 4.1 32.8 ...................PA .......... Cnsrt-Bucks Co .................... 18,885 132.3 2.6 24.5 3.6 28.8 ...................PA .......... Cnsrt-Delaware Co ............... 16,874 118.2 5.3 50.0 7.3 58.4 ...................PA .......... Cnsrt-Luzerne Co ................. 12,044 84.4 8.0 75.5 11.7 93.6 ...................PA .......... Cnsrt-Westmoreland Co ....... 12,693 88.9 8.2 77.4 10.1 80.8 ...................PA .......... Erie ....................................... 10,715 75.1 15.2 143.4 16.6 132.8 50PA .......... Harrisburg ............................. 11,037 77.3 23.9 225.5 25.1 200.8 50PA .......... Johnstown ............................ 8,500 59.5 22.5 212.3 25.3 202.4 100PA .......... Lancaster .............................. 10,693 74.9 16.3 153.8 17.7 141.6 100PA .......... Lancaster Co ........................ 14,771 103.5 4.0 37.7 5.2 41.6 ...................PA .......... Montgomery Co .................... 20,325 142.4 2.1 19.8 3.4 27.2 ...................PA .......... Philadelphia .......................... 12,091 84.7 16.1 151.9 18.4 147.2 50PA .......... Pittsburgh ............................. 12,580 88.1 16.6 156.6 18.7 149.6 50PA .......... Reading ................................ 11,041 77.3 15.2 143.4 18.2 145.6 50PA .......... Scranton ............................... 11,108 77.8 11.1 104.7 15.0 120.0 ...................PA .......... Washington Co ..................... 12,738 89.2 9.7 91.5 12.0 96.0 ...................PA .......... Williamsport .......................... 10,276 72.0 16.4 154.7 19.0 152.0 100PA .......... York ...................................... 10,485 73.4 16.4 154.7 18.1 144.8 100PA .......... York Co ................................ 15,120 105.9 2.8 26.4 4.5 36.0 ...................RI ........... Pawtucket ............................. 12,865 90.1 8.1 76.4 11.7 93.6 ...................RI ........... Providence ............................ 11,838 82.9 18.3 172.6 21.7 173.6 50RI ........... Woonsocket .......................... 11,997 84.0 11.6 109.4 15.9 127.2 50SC .......... Charleston ............................ 14,093 98.7 16.3 153.8 19.3 154.4 50SC .......... Cnsrt-Sumter Co .................. 9,936 69.6 17.1 161.3 20.4 163.2 100SC .......... Columbia .............................. 12,210 85.5 15.7 148.1 18.4 147.2 50SC .......... Greenville ............................. 14,708 103.0 13.7 129.2 18.2 145.6 50SC .......... Greenville Co ........................ 13,643 95.6 6.8 64.2 9.7 77.6 ...................SC .......... North Charleston .................. 10,315 72.2 19.2 181.1 20.3 162.4 100SC .......... Spartanburg .......................... 12,142 85.0 17.1 161.3 22.4 179.2 50SD .......... Sioux Falls ............................ 13,677 95.8 5.5 51.9 7.7 61.6 ...................TN .......... Chattanooga ......................... 12,332 86.4 14.4 135.8 18.0 144.0 50



State Jurisdiction




% Ratio % Ratio

TN .......... Clarksville ............................. 11,252 78.8 11.0 103.8 12.5 100.0 ...................TN .......... Jackson ................................ 11,268 78.9 17.9 168.9 21.0 168.0 50TN .......... Knox Co ................................ 15,333 107.4 6.4 60.4 8.9 71.2 ...................TN .......... Knoxville ............................... 12,108 84.8 15.3 144.3 18.3 146.4 50TN .......... Memphis ............................... 11,682 81.8 18.7 176.4 21.5 172.0 50TN .......... Nashville-Davidson ............... 15,195 106.4 10.0 94.3 12.6 100.8 ...................TN .......... Shelby Co ............................. 17,987 126.0 4.1 38.7 5.1 40.8 ...................TX .......... Abilene .................................. 11,857 83.0 11.0 103.8 13.5 108.0 ...................TX .......... Amarillo ................................. 12,744 89.3 13.1 123.6 14.9 119.2 ...................TX .......... Arlington ............................... 16,239 113.7 5.7 53.8 6.3 50.4 ...................TX .......... Austin .................................... 14,295 100.1 11.5 108.5 12.6 100.8 ...................TX .......... Beaumont ............................. 12,751 89.3 16.6 156.6 18.7 149.6 50TX .......... Bexar Co .............................. 12,990 91.0 7.9 74.5 8.7 69.6 ...................TX .......... Brownsville ........................... 6,284 44.0 38.5 363.2 39.8 318.4 100TX .......... College Station ..................... 9,262 64.9 16.6 156.6 16.7 133.6 100TX .......... Corpus Christi ....................... 11,755 82.3 16.4 154.7 18.5 148.0 50TX .......... Dallas .................................... 16,300 114.2 14.7 138.7 16.0 128.0 50TX .......... Dallas Co .............................. 17,395 121.8 5.4 50.9 6.7 53.6 ...................TX .......... Denton .................................. 12,013 84.1 9.9 93.4 10.6 84.8 ...................TX .......... El Paso ................................. 9,603 67.3 21.2 200.0 22.4 179.2 100TX .......... Fort Bend Co ........................ 15,656 109.7 7.0 66.0 8.3 66.4 ...................TX .......... Fort Worth ............................ 13,162 92.2 13.6 128.3 15.3 122.4 50TX .......... Galveston ............................. 12,399 86.8 20.0 188.7 22.4 179.2 50TX .......... Garland ................................. 15,056 105.5 5.8 54.7 6.6 52.8 ...................TX .......... Grand Prairie ........................ 13,752 96.3 7.7 72.6 9.0 72.0 ...................TX .......... Harlingen .............................. 9,183 64.3 25.3 238.7 26.7 213.6 100TX .......... Harris Co .............................. 16,185 113.4 6.1 57.5 6.8 54.4 ...................TX .......... Hidalgo Co ............................ 5,346 37.4 41.5 391.5 42.5 340.0 100TX .......... Houston ................................ 14,261 99.9 17.2 162.3 18.4 147.2 50TX .......... Irving ..................................... 16,424 115.0 7.7 72.6 8.6 68.8 ...................TX .......... Laredo .................................. 6,981 48.9 32.2 303.8 34.7 277.6 100TX .......... Longview .............................. 12,761 89.4 13.7 129.2 15.8 126.4 50TX .......... Lubbock ................................ 12,322 86.3 13.3 125.5 14.7 117.6 50TX .......... McAllen ................................. 9,814 68.7 27.7 261.3 28.8 230.4 100TX .......... Odessa ................................. 11,588 81.2 15.5 146.2 16.9 135.2 50TX .......... Pasadena ............................. 12,402 86.9 11.1 104.7 12.4 99.2 ...................TX .......... Port Arthur ............................ 9,706 68.0 24.0 226.4 25.5 204.0 100TX .......... San Angelo ........................... 11,353 79.5 13.7 129.2 16.0 128.0 50TX .......... San Antonio .......................... 10,884 76.2 18.7 176.4 20.4 163.2 50TX .......... Tarrant Co ............................ 15,850 111.0 4.8 45.3 6.1 48.8 ...................TX .......... Tyler ...................................... 13,400 93.9 15.2 143.4 17.9 143.2 50TX .......... Waco .................................... 10,195 71.4 19.7 185.8 22.0 176.0 100TX .......... Wichita Falls ......................... 11,686 81.9 13.2 124.5 15.7 125.6 50UT .......... Cnsrt-Provo .......................... 9,050 63.4 11.1 104.7 11.6 92.8 50UT .......... Cnsrt-Salt Lake Co ............... 11,866 83.1 6.6 62.3 7.4 59.2 ...................UT .......... Ogden ................................... 10,754 75.3 13.1 123.6 14.8 118.4 ...................UT .......... Salt Lake City ....................... 13,482 94.4 11.9 112.3 13.2 105.6 ...................VA .......... Alexandria ............................. 25,509 178.7 4.7 44.3 6.8 54.4 ...................VA .......... Arlington Co .......................... 25,690 179.9 4.2 39.6 5.4 43.2 ...................VA .......... Chesapeake ......................... 13,817 96.8 7.0 66.0 8.6 68.8 ...................VA .......... Chesterfield Co ..................... 17,423 122.0 3.5 33.0 4.2 33.6 ...................VA .......... Cnsrt-Charlottesville ............. 14,579 102.1 7.6 71.7 10.6 84.8 ...................VA .......... Danville ................................. 11,344 79.5 15.0 141.5 19.2 153.6 50VA .......... Fairfax Co ............................. 24,765 173.5 2.2 20.8 2.7 21.6 ...................VA .......... Hampton ............................... 13,099 91.7 8.8 83.0 10.6 84.8 ...................VA .......... Henrico Co ........................... 18,019 126.2 3.9 36.8 5.1 40.8 ...................VA .......... Lynchburg ............................. 12,657 88.7 12.8 120.8 16.1 128.8 50VA .......... Newport News ...................... 12,711 89.0 12.2 115.1 13.7 109.6 ...................VA .......... Norfolk .................................. 11,643 81.6 15.1 142.5 16.9 135.2 50VA .......... Portsmouth ........................... 11,158 78.2 14.9 140.6 16.9 135.2 50VA .......... Prince William Co ................. 17,795 124.6 2.4 22.6 2.8 22.4VA .......... Richmond ............................. 13,993 98.0 17.4 164.2 19.4 155.2 50VA .......... Roanoke ............................... 12,513 87.6 12.8 120.8 15.6 124.8 50VA .......... Virginia Beach ...................... 15,242 106.8 4.3 40.6 5.1 40.8WA ......... Cnsrt-Clark Co ...................... 13,962 97.8 7.0 66.0 8.6 68.8WA ......... Cnsrt-King Co ....................... 18,735 131.2 4.0 37.7 4.9 39.2WA ......... Cnsrt-Snohomish Co ............ 15,766 110.4 4.9 46.2 6.0 48.0



State Jurisdiction




% Ratio % Ratio

WA ......... Kitsap Co .............................. 14,311 100.2 7.5 70.8 8.6 68.8WA ......... Pierce Co .............................. 13,946 97.7 7.1 67.0 7.9 63.2WA ......... Seattle .................................. 18,308 128.2 7.4 69.8 9.7 77.6WA ......... Spokane ............................... 12,375 86.7 12.5 117.9 14.4 115.2WA ......... Spokane Co .......................... 13,217 92.6 7.4 69.8 8.5 68.0WA ......... Tacoma ................................. 12,272 86.0 12.5 117.9 14.2 113.6WA ......... Yakima .................................. 11,593 81.2 15.7 148.1 18.1 144.8 50WV ......... Charleston ............................ 16,067 112.5 15.0 141.5 17.4 139.2 50WV ......... Cnsrt-Huntington .................. 11,275 79.0 15.7 148.1 18.4 147.2 50WI ........... Cnsrt-Milwaukee Co ............. 17,707 124.0 2.6 24.5 3.9 31.2WI ........... Eau Claire ............................. 11,426 80.0 10.1 95.3 11.3 90.4WI ........... Green Bay ............................ 12,969 90.8 10.0 94.3 11.2 89.6WI ........... Kenosha ............................... 12,284 86.0 9.9 93.4 10.7 85.6WI ........... La Crosse ............................. 10,898 76.3 10.2 96.2 12.5 100.0WI ........... Madison ................................ 15,143 106.1 6.6 62.3 7.0 56.0WI ........... Milwaukee ............................. 11,106 77.8 18.5 174.5 18.3 146.4 50WI ........... Racine .................................. 11,858 83.1 13.2 124.5 13.9 111.2 50PR .......... Aguadilla Municipio .............. 3,722 26.1 62.5 589.6 0.0 0.0 100PR .......... Arecibo Municipio ................. 3,652 25.6 60.7 572.6 0.0 0.0 100PR .......... Bayamon Municipio .............. 5,134 36.0 40.2 379.2 0.0 0.0 100PR .......... Caguas Municipio ................. 4,547 31.8 48.8 460.4 0.0 0.0 100PR .......... Carolina Municipio ................ 5,524 38.7 38.8 366.0 0.0 0.0 100PR .......... Guaynabo Municipio ............. 8,321 58.3 37.3 351.9 0.0 0.0 100PR .......... Mayaguez Municipio ............. 4,380 30.7 54.3 512.3 0.0 0.0 100PR .......... Ponce Municipio ................... 3,735 26.2 58.8 554.7 0.0 0.0 100PR .......... San Juan Municipio .............. 6,383 44.7 44.8 422.6 0.0 0.0 100PR .......... Toa Baja Municipio ............... 4,293 30.1 47.6 449.1 0.0 0.0 100

APPENDIX D.—FY 1995 HOME PROGRAM MATCH REDUCTIONS FOR STATES

[Last column indicates 100% or 50% match reduction based on fiscal distress]

Participating jurisdiction

PCI criterion Poverty criterion Income Growth

Matchreduc-

tionPCI 1989 PCIration

Families Elderly andfamilies % Ratio

% Ratio % Ratio

Alabama ........................................................................ 11,486 80.5 14.3 134.9 18.3 146.4 5.7 103.6 50Alaska ............................................................................ 17,610 123.3 6.8 64.2 7.1 56.8 5.3 96.4 ...........Arizona .......................................................................... 13,461 94.3 11.4 107.5 12.7 101.6 8.0 145.5 ...........Arkansas ....................................................................... 10,520 73.7 14.8 139.6 19.0 152.0 5.2 94.5 100California ....................................................................... 16,409 114.9 9.3 87.7 9.8 78.4 3.8 69.1 50Colorado ........................................................................ 14,821 103.8 8.6 81.1 10.2 81.6 6.8 123.6 ...........Connecticut ................................................................... 20,189 141.4 5.0 47.2 6.6 52.8 5.7 103.6 ...........Delaware ....................................................................... 15,854 111.0 6.1 57.5 8.1 64.8 6.8 123.6 ...........District of Columbia ....................................................... 18,881 132.2 13.3 125.5 16.2 129.6 5.1 92.7 50Florida ........................................................................... 14,698 102.9 9.0 84.9 11.3 90.4 5.9 107.3 ...........Georgia .......................................................................... 13,631 95.5 11.5 108.5 14.5 116.0 6.5 118.2 ...........Hawaii ............................................................................ 15,770 110.5 6.0 56.6 7.4 59.2 3.7 67.3 50Idaho ............................................................................. 11,457 80.2 9.7 91.5 11.5 92.0 8.0 145.5 ...........Illinois ............................................................................ 15,201 106.5 9.0 84.9 10.7 85.6 5.3 96.4 ...........Indiana ........................................................................... 13,149 92.1 7.9 74.5 9.9 79.2 6.2 112.7 ...........Iowa ............................................................................... 12,422 87.0 8.4 79.2 10.6 84.8 5.4 98.2 ...........Kansas .......................................................................... 13,300 93.2 8.3 78.3 10.7 85.6 4.5 81.8 ...........Kentucky ........................................................................ 11,153 78.1 16.0 150.9 18.7 149.6 5.9 107.3 50Louisiana ....................................................................... 10,635 74.5 19.4 183.0 22.1 176.8 8.3 150.9 100Maine ............................................................................. 12,957 90.8 8.0 75.5 11.0 88.0 5.2 94.5 ...........Maryland ........................................................................ 17,730 124.2 6.0 56.6 7.8 62.4 5.4 98.2 ...........Massachusetts .............................................................. 17,224 120.6 6.7 63.2 8.6 68.8 5.8 105.5 ...........Michigan ........................................................................ 14,154 99.1 10.2 96.2 11.8 94.4 7.5 136.4 ...........Minnesota ...................................................................... 14,389 100.8 7.3 68.9 9.6 76.8 4.9 89.1 ...........Mississippi ..................................................................... 9,648 67.6 20.2 190.6 24.2 193.6 8.9 161.8 100Missouri ......................................................................... 12,989 91.0 10.1 95.3 12.9 103.2 5.7 103.6 ...........Montana ........................................................................ 11,213 78.5 12.0 113.2 13.7 109.6 6.1 110.9 ...........Nebraska ....................................................................... 12,452 87.2 8.0 75.5 10.6 84.8 4.8 87.3 ...........Nevada .......................................................................... 15,214 106.6 7.3 68.9 8.7 69.6 10.1 183.6 ...........


APPENDIX D.—FY 1995 HOME PROGRAM MATCH REDUCTIONS FOR STATES—Continued[Last column indicates 100% or 50% match reduction based on fiscal distress]

Participating jurisdiction

PCI criterion Poverty criterion Income Growth

Matchreduc-

tionPCI 1989 PCIration

Families Elderly andfamilies % Ratio

% Ratio % Ratio

New Hampshire ............................................................. 15,959 111.8 4.4 41.5 6.4 51.2 6.0 109.1 ...........New Jersey ................................................................... 18,714 131.1 5.6 52.8 7.4 59.2 4.2 76.4 ...........New Mexico ................................................................... 11,246 78.8 16.5 155.7 18.0 144.0 8.4 152.7 50New York ....................................................................... 16,501 115.6 10.0 94.3 12.1 96.8 4.5 81.8 ...........North Carolina ............................................................... 12,885 90.3 9.9 93.4 13.4 107.2 8.1 147.3 ...........North Dakota ................................................................. 11,051 77.4 10.9 102.8 13.5 108.0 4.5 81.8 ...........Ohio ............................................................................... 13,461 94.3 9.7 91.5 11.5 92.0 5.6 101.8 ...........Oklahoma ...................................................................... 11,893 83.3 13.0 122.6 16.1 128.8 4.9 89.1 50Oregon .......................................................................... 13,418 94.0 8.7 82.1 10.5 84.0 7.3 132.7 ...........Pennsylvania ................................................................. 14,068 98.5 8.2 77.4 10.3 82.4 4.7 85.5 ...........Rhode Island ................................................................. 14,981 104.9 6.8 64.2 9.9 79.2 5.8 105.5 ...........South Carolina .............................................................. 11,897 83.3 11.9 112.3 15.3 122.4 5.4 98.2 ...........South Dakota ................................................................ 10,661 74.7 11.6 109.4 14.4 115.2 6.8 123.6 50Tennessee ..................................................................... 12,255 85.8 12.4 117.0 15.9 127.2 7.0 127.3 50Texas ............................................................................. 12,904 90.4 14.1 133.0 16.2 129.6 5.9 107.3 50Utah ............................................................................... 11,029 77.3 8.6 81.1 9.7 77.6 8.6 156.4 ...........Vermont ......................................................................... 13,527 94.7 6.9 65.1 9.4 75.2 4.8 87.4 ...........Virginia .......................................................................... 15,713 110.1 7.7 72.6 10.0 80.0 5.4 98.2 ...........Washington ................................................................... 14,923 104.5 7.8 73.6 9.4 75.2 5.0 90.9 ...........West Virginia ................................................................. 10,520 73.7 16.0 150.9 18.3 146.4 5.3 96.4 100Wisconsin ...................................................................... 13,276 93.0 7.6 71.7 9.1 72.8 6.0 109.1 ...........Wyoming ....................................................................... 12,311 86.2 9.3 87.7 10.8 86.4 6.9 125.5 ...........Puerto Rico ................................................................... 4,177 29.3 55.3 521.7 ........... ........... ........... ........... 100

APPENDIX E.—LISTING OF HUD FIELD OFFICE CONTACTS

Alabama ............................................ John D. Harmon, Beacon Ridge Tower, 600 Beacon Pkwy. West, Suite 300, Birmingham, AL 35209–3144; (205) 290–7645; TDD (205) 290–7624.

Alaska ................................................ Dean Zinck, 949 E. 36th Avenue, Suite 401, Anchorage, AK 99508–4399; (907) 271–3669; TDD (907)271–4328.

Arizona .............................................. Lou Kislin, 400 N. 5th St., Suite 1600, Arizona Center, Phoenix AZ 85004; (602) 379–4754; TDD (602)379–4461.

Arkansas ............................................ Billy M. Parsley, TCBY Tower, 425 West Capitol Ave., Suite 900, Little Rock, AR 72201–3488; (501)324–6375; TDD (501) 324–5931.

California ........................................... (Southern) Herbert L. Roberts, 1615 W. Olympic Blvd., Los Angeles, CA 90015–3801; (213) 251–7235;TDD (213) 251–7038.

(Northern) Steve Sachs, 450 Golden Gate Ave., P.O. Box 36003, San Francisco, CA 94102–3448; (415)556–5576; TDD (415) 556–8357.

Colorado ............................................ Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO 80202–3607; (303) 672–5414;TDD (303) 672–5248.

Connecticut ........................................ Daniel Kolesar, 330 Main St., Hartford, CT 06106–1860; (203) 240–4508; TDD (203) 240–4522.Delaware ........................................... Joyce Gaskins, Liberty Sq. Bldg., 105 S. 7th St., Philadelphia, PA 19106–3392; (215) 597–2665; TDD

(215) 597–5564.District of Columbia (and MD and VA

suburbs).James H. McDaniel, 820 First St., NE., Washington, DC 20002; (202) 275–0994; TDD (202) 275–0772.

Florida ................................................ James N. Nichol, 301 West Bay St., Suite 2200, Jacksonville, FL 32202–5121; (904) 232–3587; TDD(904) 791–1241.

Miami-So.Dade .................................. Richard P. Garrabrant, South Dade County Government Annex, Room 1400, 10710 SW 211 Street,Miami, FL 33189; (303) 238–2851.

Georgia .............................................. John Perry, Russell Fed. Bldg., Room 688, 75 Spring St., SW, Atlanta, GA 30303–3388; (404) 331–5139;TDD (404) 730–2654.

Hawaii (and Pacific) .......................... Patti A. Nicholas, 7 Waterfront Plaza, Suite 500, 500 Ala Moana Blvd., Honolulu, HI 96813–4918; (808)522–8180; TDD (808) 541–1356.

Idaho .................................................. John G. Bonham, 520 SW 6th Ave., Portland, OR 97204–1596 (503) 326–7018; TDD * via 1–800–877–8339.

Illinois ................................................. Jim Barnes, 77 W. Jackson Blvd., Chicago, IL 60604–3507; (312) 353–1696; TDD (312) 353–7143.Indiana ............................................... Robert F. Poffenberger, 151 N. Delaware St., Indianapolis, IN 46204–2526; (317) 226–5169; TDD * via

1–800–877–8339.Iowa ................................................... Gregory A. Bevirt, Executive Tower Centre, 10909 Mill Valley Road, Omaha, NE 68154–3955; (402)

492–3144; TDD (402) 492–3183.Kansas ............................................... William Rotert, Gateway Towers 2, 400 State Ave., Kansas City, KS 66101–2406; (913) 551–5484; TDD

(913) 551–6972.Kentucky ............................................ Ben Cook, P.O. Box 1044, 601 W. Broadway, Louisville, KY 40201–1044; (502) 582–5394; TDD (502)

582–5139.Louisiana ........................................... Greg Hamilton, P.O. Box 70288, 1661 Canal St., New Orleans, LA 70112–2887; (504) 589–7212; TDD

(504) 589–7237.


APPENDIX E.—LISTING OF HUD FIELD OFFICE CONTACTS—Continued

Maine ................................................. David Lafond, Norris Cotton Fed. Bldg., 275 Chestnut St., Manchester, NH 03101–2487; (603) 666–7640; TDD (603) 666–7518.

Maryland ............................................ Harold Young, 10 South Howard Street, 5th Floor, Baltimore, MD 21202–0000; (410) 962–2520x3116;TDD (410) 962–0106.

Massachusetts ................................... Frank Del Vecchio, Thomas P. O’Neill, Jr., Fed. Bldg., 10 Causeway St., Boston, MA 02222–1092; (617)565–5342; TDD (617) 565–5453.

Michigan ............................................ Richard Paul, Patrick McNamara Bldg., 477 Michigan Ave., Detroit, MI 48226–2592; (313) 226–4343;TDD * via 1–800–877–8339.

Minnesota .......................................... Shawn Huckleby, 220 2nd St. South, Minneapolis, MN 55401–2195; (612) 370–3019; TDD (612) 370–3186.

Mississippi ......................................... Jeanie E. Smith, Dr. A. H. McCoy Fed. Bldg., 100 W. Capitol St., Room 910, Jackson, MS 39269–1096;(601) 965–4765; TDD (601) 965–4171.

Missouri ............................................. (Eastern) David H. Long, 1222 Spruce St., St. Louis, MO 63103–2836; (314) 539–6524; TDD (314) 539–6331.

(Western) William Rotert, Gateway Towers 2, 400 State Ave., Kansas City, KS 66101–2406; (913) 551–54843; TDD (913) 551–6972.

Montana ............................................. Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO 80202–3607; (303) 672–5414;TDD (303) 672–5248.

Nebraska ........................................... Gregory A. Bevirt, Executive Tower Centre, 10909 Mill Valley Road, Omaha, NE 68154–3955; (402)492–3144; TDD (402) 492–3183.

Nevada .............................................. (Las Vegas, Clark Cnty) Lou Kislin, 400 N. 5th St., Suite 1600, 2 Arizona Center, Phoenix, AZ 85004;(602) 379–4754; TDD (602) 379–4461.

(Remainder of State) Steve Sachs, 450 Golden Gate Ave., P.O. Box 36003, San Francisco, CA 94102–3448; (415) 556–5576; TDD (415) 556–8357.

New Hampshire ................................. David Lafond, Norris Cotton Fed. Bldg., 275 Chestnut St., Manchester, NH 03101–2487; (603) 666–7640; TDD (603) 666–7518.

New Jersey ........................................ Frank Sagarese, 1 Newark Center, Newark, NJ 07102; (201) 622–7900; TDD (201) 645–3298.New Mexico ....................................... Katie Worsham, 1600 Throckmorton, P.O. Box 2905, Fort Worth, TX 76113–2905; (817) 885–5483; TDD

(817) 885–5447.New York ........................................... (Upstate) Michael F. Merrill, Lafayette Ct., 465 Main St., Buffalo, NY 14203–1780; (716) 846–5768; TDD

* via 1–800–877–8339.(Downstate) Jack Johnson, 26 Federal Plaza, New York, NY 10278–0068; (212) 264–2885; TDD (212)

264–0927.North Carolina ................................... Charles T. Ferebee, Koger Building, 2306 West Meadowview Road, Greensboro, NC 27407; (910) 547–

4005; TDD (910) 547–4055.North Dakota ..................................... Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO 80202–3607; (303) 672–5414;

TDD (303) 672–5248.Ohio ................................................... Jack E. Riordan, 200 North High St., Columbus, OH 43215–2499; (614) 469–6743; TDD (614) 469–

6694.Oklahoma .......................................... Ted Allen, Murrah Fed. Bldg., 200 NW 5th St., Oklahoma City, OK 73102–3202; (405) 231–4973; TDD

(405) 231–4181.Oregon ............................................... John G. Bonham, 520 SW 6th Ave., Portland, OR 97204–1596 (503) 326–7018; TDD * via 1–800–877–

8339.Pennsylvania ..................................... (Western) Bruce Crawford, Old Post Office and Courthouse Bldg., 700 Grant St., Pittsburgh, PA 15219–

1906; (412) 644–5493; TDD (412) 644–5747.(Eastern) Joyce Gaskins, Liberty Sq. Bldg., 105 S. 7th St., Philadelphia, PA 19106–3392; (215) 597–

2665; TDD (215) 597–5564.Puerto Rico (and Caribbean) ............ Carmen R. Cabrera, 159 Carlos Chardon Ave., San Juan, PR 00918–1804; (809) 766–5576; TDD (809)

766–5909.Rhode Island ..................................... Frank Del Vecchio, Thomas P. O’Neill, Jr., Fed. Bldg., 10 Causeway St., Boston, MA 02222–1092; (617)

565–5342; TDD (617) 565–5453.South Carolina ................................... Louis E. Bradley, Fed. Bldg., 1835–45 Assembly St., Columbia, SC 29201–2480; (803) 765–5564; TDD *

via 1–800–877–8339.South Dakota ..................................... Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO 80202–3607; (303) 672–5414;

TDD (303) 672–5248.Tennessee ......................................... Virginia Peck, 710 Locust St., Knoxville, TN 37902–2526; (615) 545–4396; TDD (615) 545–4559.Texas ................................................. (Northern) Katie Worsham, 1600 Throckmorton, P.O. Box 2905, Fort Worth, TX 76113–2905; (817) 885–

5483; TDD (817) 885–5447.(Southern) John T. Maldonado, Washington Sq., 800 Dolorosa, San Antonio, TX 78207–4563; (210)

229–6820; TDD (210) 229–6885.Utah ................................................... Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO 80202–3607; (303) 672–5414;

TDD (303) 672–5248.Vermont ............................................. David Lafond, Norris Cotton Fed. Bldg., 275 Chestnut St., Manchester, NH 03101–2487; (603) 666–

7640; TDD (603) 666–7518.Virginia ............................................... Joseph Aversano, 3600 W. Broad St., P.O. Box 90331, Richmond, VA 23230–0331; (804) 278–4503;

TDD (804) 278–4501.Washington ........................................ John Peters, Federal Office Bldg., 909 First Ave., Suite 200, Seattle, WA 98104–1000; (206) 220–5150;

TDD (206) 220–5185.West Virginia ..................................... Bruce Crawford, Old Post Office & Courthouse Bldg., 700 Grant St., Pittsburgh, PA 15219–1906; (412)

644–5493; TDD (412) 644–5747.Wisconsin .......................................... Lana J. Vacha, Henry Reuss Fed. Plaza, 310 W. Wisconsin Ave., Ste. 1380, Milwaukee, WI 53203–

2289; (414) 297–3113; TDD * via 1–800–877–8339.


APPENDIX E.—LISTING OF HUD FIELD OFFICE CONTACTS—Continued

Wyoming ............................................ Sharon Jewell, First Interstate Tower North, 633 17th St., Denver, CO 80202–3607; (303) 672–5414;TDD (303) 672–5248.

Telephone numbers for Telecommunications Devices for the Deaf (TDD machines) are listed for field offices; all HUD numbers, including thosenoted*, may be reached via TDD by dialing the Federal Information Relay Service on 1–800–877–TDDY or (1–800–877–8339) or (202) 708–9300.

[FR Doc. 95–1792 Filed 1–24–95; 8:45 am]BILLING CODE 4210–29–P

fede

ral r

egiste

r

5043


Part V

Office of PersonnelManagement5 CFR Part 581Processing Garnishment Orders for ChildSupport and/or Alimony; Final Rule


OFFICE OF PERSONNELMANAGEMENT

5 CFR Part 581

RIN 3206–AG49

Processing Garnishment Orders forChild Support and/or Alimony

AGENCY: Office of PersonnelManagement.ACTION: Final rule; technicalamendment.

SUMMARY: This document amends thelist of designated agents in accordancewith information provided by variousFederal agencies. OPM is also correctinga technical error that was reported toOPM by the Corporation for Nationaland Community Service.EFFECTIVE DATE: This amendment iseffective February 24, 1995FOR FURTHER INFORMATION CONTACT:Murray M. Meeker, Attorney, Office ofthe General Counsel, (202) 606–1980.SUPPLEMENTARY INFORMATION:Subsequent to publication of the list ofdesignated agents (Appendix A) on July2, 1993 (58 FR 35845), OPM wasadvised of the need for amendments tothe list. This publication makes thenecessary amendments. OPM is alsoamending 5 CFR 581.104 in response toa suggestion from the Corporation forNational and Community Service.

Regulatory Flexibility Act

I certify that these regulations will nothave a significant economic impact ona substantial number of small entitiesbecause their effects are limited toFederal employees and their creditors.

E.O. 12866, Regulatory Review

This rule has been reviewed by theOffice of Management and Budget inaccordance with E.O. 12866.


Alimony, Child Support, Governmentemployees, Wages.U.S. Office of Personnel ManagementLorraine A. Green,Deputy Director.

Accordingly, OPM is amending 5 CFRpart 581 as follows:

PART 581—PROCESSINGGARNISHMENT ORDERS FOR CHILDSUPPORT AND/OR ALIMONY

1. The authority citation for part 581is revised to read as follows:

Authority: 15 U.S.C. 1673; 42 U.S.C. 659,661–662; E.O. 12105, 43 FR 59465, 3 CFR,1978 Comp. p. 262.

§ 581.104 [Amended]

2. Section 581.104 is amended byremoving the second paragraph (i)(3).

3. Appendix A to part 581 is revisedto read as follows:

Appendix A to Part 581—List of AgentsDesignated to Accept Legal Process

This appendix lists the agentsdesignated to accept legal process forthe Executive Branch of the UnitedStates, the United States Postal Service,the Postal Rate Commission, the Districtof Columbia, American Samoa, Guam,the Virgin Islands, and the SmithsonianInstitution.

I. Departments

Department of Agriculture

General Counsel, Department ofAgriculture, Research and OperationsDivision, Room 2321, South Building,14th & Independence Ave., SW.,Washington, DC 20250, (202) 720–5565,

Department of Commerce

1. Bureau of the Census:For employee-obligors employed by

Headquarters, the HagerstownTelephone Center and the TucsonTelephone Center:Bureau of the Census, Personnel

Division, ATTN: Chief, Personnel &Pay Systems Branch, Room 3254, FOB#3, Washington, DC 20230, (301) 763–1520For employee-obligors employed by

the Data Preparation Division:Bureau of the Census, Data Preparation

Division, Chief, PersonnelManagement Staff, Room 113, Bldg.66, Jeffersonville, IN 47132, (812)288–3323For employee-obligors employed by a

Regional Office, to the Regional Directorin the Regional Office to which they areassigned. The Bureau’s 12 RegionalOffices are as follows:Bureau of the Census, Atlanta Regional

Office, 101 Marietta Street, NW., Suite3200, Atlanta, GA 30303–2700, (404)730–3832

Bureau of the Census, Boston RegionalOffice, 2 Copley Place, Suite 301, P.O.Box 9108, Boston, MA 02117–9108,(617) 424–0500

Bureau of the Census, CharlotteRegional Office, 901 Center ParkDrive, Suite 106, Charlotte, NC28217–2935, (704) 344–6142

Bureau of the Census, Chicago RegionalOffice, 2255 Enterprise Drive, Suite5501, Westchester, IL 60154–5800,(708) 562–1788

Bureau of the Census, Dallas RegionalOffice, 6303 Harry Hines Blvd., Suite

210, Dallas, TX 75235–5269, (214)767–7500

Bureau of the Census, Denver RegionalOffice, 6900 W. Jefferson Avenue,P.O. Box 272020 Denver, CO 80227–9020, (303) 969–6750

Bureau of the Census, Detroit RegionalOffice, 1395 Brewery Park Blvd., P.O.Box 33405, Detroit, MI 48232–5405,(313) 259–1158

Bureau of the Census, Kansas CityRegional Office, Gateway Tower II,Suite 600, 400 State Avenue, KansasCity, KS 66101–2410, (913) 551–6728

Bureau of the Census, Los AngelesRegional Office, 15350 Sherman Way,Suite 300, Van Nuys, CA 91406–4224,(818) 904–6393

Bureau of the Census, New YorkRegional Office, Jacob J. Javits Fed.Bldg., Room 37–130, 26 Federal Plaza,New York, NY 10278–0044, (212)264–3860

Bureau of the Census, PhiladelphiaRegional Office, 105 South 7th Street,First Floor, Philadelphia, PA 19106–3395, (215) 597–4920

Bureau of the Census, Seattle RegionalOffice, 101 Stewart Street, Suite 500,Seattle, WA 98101–1098, (206) 728–53002. Patent and Trademark Office (PTO):

Human Resources Manager, Patent andTrademark Office, Box 3, Washington,DC 20231, (703) 305–82313. United States and Foreign

Commercial Service (US&FCS):Director, Office of Foreign Service

Personnel, Room 3815, 14th &Constitution Avenue, NW.,Washington, DC 20230, (202) 482–31334. International Trade Administration

(ITA):Director, Personnel Management

Division, International TradeAdministration, Room 4809, 14th andConstitution Avenue, NW.,Washington, DC 20230, (202) 482–34385. National Institute of Standards and

Technology (NIST) (For employee-obligors of the Headquarters offices inGaithersburg only):Human Resources Manager, Office of

Personnel and Civil Rights,Administration Building, Room A–123, Gaithersburg, MD 20899, (301)975–30006. Office of the Inspector General (For

employee-obligors of the Headquarters/Washington, DC offices only):Human Resources Manager, Resource

Management Division, Room 7713,14th & Constitution Avenue, NW.,Washington, DC 20230, (202) 482–4948


7. National Oceanic and AtmosphericAdministration (NOAA) (For employee-obligors in the Headquarters offices,Washington, DC, and the Silver Springand Camp Springs, MD, and Sterling VAoffices only):Chief, Human Resources Services

Division, NOAA, 1315 East-WestHighway, Room 13619, Silver Spring,MD 20910, (301) 713–05248. Office of the Secretary, Bureau of

Economic Analysis, Bureau of ExportAdministration (BXA), EconomicDevelopment Administration (EDA),Economics and StatisticsAdministration, Minority BusinessDevelopment Agency (MBDA), NationalTechnical Information Service, NationalTelecommunications and InformationAdministration (NTIA), TechnologyAdministration, and United StatesTravel and Tourism Administration (Foremployee-obligors in the Washington,D.C. metro area offices only):Human Resources Manager, Office of

Personnel Operations, Office of theSecretary, Room 5005, 14th &Constitution Avenue, NW.,Washington, DC 20230, (202) 482–38279. Regional employees of NOAA,

NIST, OIG, BXA, EDA, MBDA, ITA,NTIA: to the Human Resources Managerservicing the region or State in whichthey are employed:

a. Central Region. For NOAAemployee-obligors in the States of:Alabama, Arkansas, Florida, Georgia,Illinois, Indiana, Iowa, Kentucky,Louisiana, Michigan, Minnesota,Mississippi, Missouri, Ohio, Tennessee,and Wisconsin; for National MarineFisheries Service employees in theStates of North Carolina, SouthCarolina, and Texas; for NationalWeather Service employees in the Statesof Colorado, Kansas, Nebraska, NorthDakota, South Dakota, and Wyoming;and for employee-obligors in the Bureauof Export Administration (BXA),Economic Development Administration(EDA), Minority Business DevelopmentAgency (MBDA), International TradeAdministration (ITA), in the States ofAlabama, Arkansas, Colorado, Florida,Georgia, Illinois, Indiana, Iowa, Kansas,Kentucky, Louisiana, Michigan,Minnesota, Mississippi, Missouri,Nebraska, New Mexico, Ohio,Oklahoma, South Dakota, Texas, WestVirginia, and Wisconsin:Human Resources Officer, Central

Administrative Support Center(CASC), NOAA CC, Federal Building,601 East 12th Street, Room 1736,Kansas City, MO 64106, (816) 867–2056

b. Eastern Region. For NOAAemployee-obligors in the States of:Connecticut, Delaware, Maine,Maryland, Massachusetts, NewHampshire, New Jersey, New York,North Carolina, Ohio, Pennsylvania,Rhode Island, South Carolina, Vermont,Virginia, West Virginia, Puerto Rico,and the Virgin Islands; and foremployee-obligors in the Bureau ofExport Administration (BXA), EconomicDevelopment Administration (EDA),Minority Business Development Agency(MBDA), and International TradeAdministration (ITA) in the States ofConnecticut, Delaware, Maine,Maryland, Massachusetts, NewHampshire, New Jersey, New York,North Carolina, Pennsylvania, RhodeIsland, South Carolina, Tennessee,Vermont, Virginia, Puerto Rico, and theVirgin Islands:Human Resources Officer, Eastern

Administrative Support Center(EASC), NOAA EC, 200 World TradeCenter, Norfolk, VA 23510, (804) 441–6516c. Mountain Region. For NOAA

employee-obligors in the States of:Colorado, Kansas, Nebraska, NewMexico, North Dakota, Oklahoma, SouthDakota, Texas and Wyoming; and forNational Weather Service employees inthe States of Alabama, Arkansas,Florida, Georgia, Louisiana, Mississippi,New Mexico, Oklahoma, Tennessee,Texas, and Puerto Rico; and foremployee-obligors in the Bureau ofExport Administration (BXA); EconomicDevelopment Administration (EDA)(Utah only); Minority BusinessDevelopment Agency (MBDA); NationalInstitute of Standards and Technology(NIST) (Hawaii only); Office of theInspector General (OIG); NationalTelecommunications and InformationAdministration (NTIA); in the States of:Colorado, Iowa, Louisiana, Missouri,Montana, New Mexico, North Dakota,Oklahoma, South Dakota, Texas, andUtah:Human Resources Officer, Mountain

Administrative Support Center(MASC), NOAA MC, 325 Broadway,Boulder, CO 80303–3328, (303) 497–6305d. Western Region. For NOAA

employee-obligors in the States of:Alaska, Arizona, California, Hawaii,Idaho, Montana, Nevada, Oregon, Utah,Washington, American Samoa, and theTrust Territories, and for employee-obligors in the Bureau of ExportAdministration (BXA), EconomicDevelopment Administration (EDA),Minority Business Development Agency(MBDA), Office of the Inspector General(OIG), and International Trade

Administration (ITA); in the States ofAlaska, Arizona, California, Hawaii,Idaho, Nevada, Oregon, Utah,Washington, American Samoa, and theTrust Territories:Human Resources Officer, Western

Administrative Support Center(WASC), NOAA WC, 7600 Sand PointWay NE, Bin C15700, Seattle, WA98115–0070, (206) 526–605710. In cases where the name of the

operating unit cannot be determined:Director for Human Resources

Management, Department ofCommerce, Room 5001, 14th &Constitution Avenue, NW.,Washington, DC 20230, (202) 482–4807

Department of Defense

General Notice for Certain CivilianEmployees of the Army and the Navy.

Effective February 1, 1995, theAssistant General Counsel forGarnishment Operations, DefenseFinance and Accounting Service,Cleveland Center (DFAS–CL/L), will bethe designated agent for legal process forgarnishment for child support andalimony from the pay of civilianemployees who work at variousDepartment of Defense installations andactivities located throughout the UnitedStates, but who are paid by DFASpayroll centers in Charleston andPensacola.

Due to the on-going consolidation oflocal installation payroll offices intoDFAS Charleston and Pensacola, it isimpossible to give an accurate anddetailed list here of those activities forwhich DFAS–CL/L will serve as agentfor process. Further, DFAS is aware thatchild support and alimonygarnishments will continue to be servedat various installations until thisconsolidation is complete.

Accordingly, the time standardsexpressed in Title 5 of the Code ofFederal Regulations, part 581, will beginto run only after the garnishment isreceived by DFAS–CL/L. After it isreceived, DFAS–CL/L will process thegarnishment in accordance with theprovisions of 5 CFR part 581.

For those employees known to bepaid by the DFAS Charleston orPensacola payroll centers, thegarnishment should be served bycertified mail directly on DFAS–CL/L atthe following address:Assistant General Counsel for

Garnishment Operations, DefenseFinance and Accounting Service,Cleveland Center-Code L, P.O. Box9980002, Cleveland, OH 44199–8002,(216) 522–5956


Other Department of DefenseEmployees:

Army

a. Civilian employees in Germany:Commander, 266th Theater Finance

Corps, Attention: AEUCF–CPF, APONY 09007–0137, 049–6221–57–8911,Autovon: 370–8911b. Nonappropriated fund civilian

employees of the Army:Post Exchanges:

Army and Air Force Exchange Service,Attention: CM–G–RI, P.O. Box660202, Dallas, TX 75266–0202, (214)312–2011c. All other Army personnel, active

and retired:Director, DFAS-Indianapolis Center,

Attention: DFAS–I–GG, Indianapolis,IN 46249, (317) 542–2155d. See General Notice, above, for

certain civilian employees of the Armyand Navy.

Navy

Active duty, reserve, and retiredmembers of the Fleet reserve:Director, DFAS-Cleveland Center, Office

of General Counsel, Attention: CodeL, P.O. Box 998002, Cleveland, OH44199–8002, (216) 522–5301Process affecting the pay of civilian

employees of the Department of theNavy, including the Marine Corps:

(i) If currently employed at Navy orMarine Corps activities (includingnonappropriated fund instrumentalities)or installations situated within theterritorial jurisdiction of the issuingcourt, such process may be served onthe commanding officer or head of suchactivity or installation, or principalassistant specifically designated inwriting by such official. (See GeneralNotice, above, for certain civilianemployees of the Army and Navy.)

(ii) In other cases involving civilianemployees, such process may be servedin the manner indicated below:

(A) If pertaining to civil servicepersonnel of the Navy or Marine Corps,not covered by (a) or by the GeneralNotice above, such process may beserved on:Director of Civilian Personnel Law,

Office of the General Counsel, NavyDepartment, Washington, DC 20390,(703) 696–4717(B) If pertaining to non-civil service

civilian personnel of Navy Exchanges orrelated nonappropriated fundinstrumentalities administered by theNavy by Resale System Office, suchprocess may be served on:Commanding Officer, Navy Exchange

Service Command, Attention: Office

of Counsel, 3280 Virginia BeachBlvd., Virginia Beach, VA 23452,(804) 631–3614(C) If pertaining to non-civil service

personnel of Navy clubs, messes, orrecreational facilities (non-appropriatedfunds), such process may be served on:Chief of Navy Personnel, Director,

Morale, Welfare, and RecreationDivision (MWR), Washington, DC20370, (202) 433–3005(D) If pertaining to non-civil service

civilian personnel of othernonappropriated fund instrumentalitieswhich fall outside the purview of theChief of Navel Personnel or theCommanding Officer, Navy ResaleSystems Office, such as locallyestablished morale, welfare, and othersocial and hobby clubs, such processmay be served on the commandingofficer of the activity concerned.

(E) If pertaining to non-civil servicepersonnel of any Marine Corpsnonappropriated fund instrumentalities,such process may be served on thecommanding officer of the activityconcerned.

Marine Corps

Active duty and reserve militarymembers:Director, DFAS-Kansas City Center

(Code G), Kansas City, MO 64197–0001, (816) 926–7103Retired military members:

Director, DFAS-Cleveland Center, Officeof General Counsel, Attention: CodeL, P.O. Box 998002, Cleveland, OH44199–8002, (216) 522–5301(For civilian employees of the Marine

Corps, see the listing above for civilianemployees of the Navy.)

Air Force

1. Active duty, Reserve, Air NationalGuard (ANG), and civilian employees ofappropriated fund activities.Director, DFAS-Denver Center,

Attention: GL, Denver, CO 80279–5000, (303) 676–75242. Retired military members:

DFAS-Cleveland Center, Office ofGeneral Counsel, Code L, P.O. Box998002, Cleveland, OH 44199–8002,(216) 522–53013. Nonappropriated fund civilian

employees of base exchanges:Army and Air Force Exchange Service,

Attention: FA–F/R, P.O. Box 650038,Dallas, TX 75265–0038, (214) 312–21194. Civilian employees of all other Air

Force nonappropriated fund activities:HQ AFMWRC/GC, Randolph AFB, TX

78150–7000, (512) 652–6691

Defense Advance Research ProjectAgency, Air Force District ofWashington, Accounting and FinanceOffice, Attention: 15DA ,Washington,DC 20332–5260, (202) 767–4211

Defense Communications Agency,General Counsel or Deputy GeneralCounsel, Office of the GeneralCounsel (Code AL), DefenseCommunications Agency,Washington, DC 20305–2000, (202)692–2009

Defense Contract Audit Agency,Director of Personnel, CameronStation, Alexandria, VA 22304–6178,(703) 274–7325

Defense Finance and AccountingService, Director, DFAS-ColumbusCenter, Attention: AEP, P.O. Box182317, Columbus, OH 43218–2317,(614) 338–7232

Defense Intelligence Agency, GeneralCounsel, The Pentagon, Washington,DC 20340–1029, (202) 697–3945

Defense Investigative Service, DeputyDirector (Resources), 1900 Half Street,SW., Washington, DC 20324–1700,(202) 475–1311

Defense Logistics Agency

1. For civilian employees of thefollowing Defense Logistics Agency(DLA) activities:Headquarters, Defense Logistics AgencyDefense Administrative Support CenterDefense Technical Information CenterDefense Industrial Plant Equipment

CenterDefense Construction Supply CenterDLA Systems Automation CenterInformation Processing Center—

ColumbusDefense Reutilization and Marketing

ServiceDefense Contract Management

CommandDefense Contract Management District

North CentralDefense Contract Management District

NortheastDefense Contract Management District

SouthDefense Contract Management District

WestDefense Contract Management District—

Los AngelesDefense Depot—ColumbusDefense Depot—MemphisDefense Distribution Region EastDefense Distribution Region WestDirector, DFAS-Columbus Center,

Attention: AEP, P.O. Box 182317,Columbus, OH 43218–2317, (614)338–72322. Defense Electronics Supply Center:

Accounting and Finance Officer (DESC–CF), 1507 Wilmington Pike, Dayton,OH 45444–5000, (513) 296–6415


3. Defense General Supply Center:Accounting and Finance Officer (DGSC–

CF), Richmond, VA 23297–5000,(804) 275–48474. Defense Personnel Support Center:

Accounting and Finance Officer (DPCS–CF), 2800 South 20th Street,Philadelphia, PA 19101–8419, (215)737–27415. Defense Depot, Ogden:

Accounting and Finance Officer(DDOU–CF), Ogden, UT 84407–5000,(816) 399–75386. Transition Management Office,

Cleveland:Accounting and Finance Officer (TMO–

CLE–CF), Anthony J. CelebrezzeFederal Office Building, 1240 EastNinth Street, Cleveland, OH 44199–2064, (216) 552–64907. Transition Management Office, St.

Louis:Accounting and Finance Officer (TMO–

STL–CF), 1222 Spruce Street, St.Louis, MO 63103, (314) 331–5299

Defense Mapping Agency1. For employees of the DMA Combat

Support Center, the DMAHydrographic/Topographic Center, theDefense Mapping School, andHeadquarters:Associate General Counsel, DMA

Hydrographic/Topographic Center,6500 Brookes Lane, Washington, DC20315–0030, (202) 227–22682. For employees of the DMA

Aerospace Center:Associate General Counsel, DMA

Aerospace Center, 3200 South SecondStreet, St. Louis, MO 63118–3399,(314) 263–45013. For employees of the DMA Reston

Center, the DMA Systems Center, andthe DMA Telecommunications ServicesCenter:Associate General Counsel, DMA

Systems Center, 12100 Sunset HillsRoad, Suite 200, Reston, VA 22090–3207, (703) 487–8106

Defense Nuclear Agency1. For employees at Kirtland AFB,

New Mexico:Director, Defense Finance and

Accounting Service, Attention: JA,Denver, CO 80279–5000, (303) 676–75242. For all other DNA employees:

General Counsel, Defense NuclearAgency, 6801 Telegraph Road,Alexandria, VA 22310–3398, (703)325–7681

Uniformed Services University of theHealth SciencesDirector, Personnel/Manpower,

Civilian Personnel,4301 Jones Bridge Road,Bethesda, MD 20814–4799,(301) 295–3081

With respect to other civilianemployees of Department of Defenseagencies, or other employing activitieswithin the Department of Defense or theMilitary Department, the Director of theagency or activity shall assist byreceiving and forwarding process to thedesignated agent in the appropriatedisbursing office.

Department of Education

Assistant General Counsel,Division of Business and Administrative

Law,Room 4091, FOB–6,400 Maryland Avenue, SW.,Washington, DC 20202–2110,(202) 401–3690

Department of Energy

Power Administrations

1. Alaska Power Administration:Administrator,Alaska Power Administration,Department of Energy,P.O. Box 020050,Juneau, AK 99802–0050,(907) 586–7405

2. Bonneville Power Administration:Chief,Payroll Section DSDP,Bonneville Power Administration,Department of Energy,905 NE. 11th Avenue,Portland, OR 97232,(503) 230–3203

3. Southeastern PowerAdministration:Chief,Payroll Branch,Department of Energy,Room 1E–184,Forrestal Building,1000 Independence Avenue, SW.,Washington, DC 20585,(202) 586–5581

4. Southwestern PowerAdministration:Chief Counsel,Southwestern Power Administration,Department of Energy,P.O. Box Drawer 1619,Tulsa, OK 74101,(918) 581–7426

5. Western Area PowerAdministration:General Counsel,Western Area Power Administration,Department of Energy,P.O. Box 3402,Golden, CO 80401,(303) 231–1529

Field Offices

1. Albuquerque Operations Office:Chief Counsel,Albuquerque Operations Office,Department of Energy,P.O. Box 5400,Albuquerque, NM 87115,(505) 844–7265

2. Chicago Operations Office:Chief Counsel,Chicago Operations Office,Department of Energy,9800 South Cass Avenue,Argonne, IL 60439,(312) 972–2032

3. Idaho Operations Office:Chief,Field Office Accounting Section,Finance and Budget Division,Department of Energy,785 DOE Place,Idaho Falls, ID 83402,(208) 526–1822

4. Nevada Operations Office:Chief,Payroll Branch, CR–431,Department of Energy,GTN Building, Room 259,Washington, DC 20585,(301) 903–4012

5. Oak Ridge Operations Office:Chief Counsel,Oak Ridge Operations Office,Department of Energy,P.O. Box 20001,Oak Ridge, TN 37831–8510,(615) 576–1200

6. Richland Operations Office:Chief Counsel,Richland Operations Office,Department of Energy,P.O. Box 550,Richland, WA 99352,(509) 376–7311

7. San Francisco Operations Office:Chief,Accounting Branch,Financial Management Division,Department of Energy,1333 Broadway,Oakland, CA 94612,(415) 273–4258

8. Savannah River Operations Office:Director, Financial Management and

Program Support Division,Department of Energy, P.O. Box A,Aiken, SC 29802, (803) 725–55909. Washington DC Headquarters,

Pittsburgh Naval Reactors Office,Schenectady Naval Reactors Office, andall other organizations within theDepartment of Energy:Chief, Payroll Branch, CR–431,

Department of Energy, GTN Building,Room E–259, Washington, DC 20585,(301) 903–4012


Department of Health and HumanServices

1. For the garnishment of theremuneration of employees of theDepartment of Health and HumanServices:Garnishment Agent, Office of General

Counsel, Room 5362–North Building,330 Independence Ave., SW.,Washington, DC 20201, (202) 619–01502. For the garnishment of benefits

under Title II of the Social Security Act,legal process may be served on theoffice manager at any Social SecurityDistrict or Branch Office. The addressesand telephone numbers of SocialSecurity District and Branch Officesmay be found in the local telephonedirectory.

Department of Housing and UrbanDevelopmentChief, Systems Support Branch,

Evaluation and Systems Division,Department of Housing and UrbanDevelopment, 451 7th Street, SW.,Room 2102, Washington, DC 20410,(202) 755–6116

HeadquartersChief, Systems Support Branch,

Technology Support Division,Department of Housing and UrbanDevelopment, 451 7th Street, SW.,Room 2256, Washington, DC 20410,(202) 708–0241

New England (Massachusetts, Maine,Vermont, New Hampshire, RhodeIsland, and Connecticut)Personnel Officer, Department of

Housing and Urban Development,Thomas P. O’Neill, Jr., FederalBuilding, 10 Causeway Street, Room375, Boston, MA 02222, (617) 565–5435

New York, New JerseyPersonnel Officer, Department of

Housing and Urban Development, 26Federal Plaza, New York, NY 10278,(212) 264–0782

Mid-Atlantic (Pennsylvania, Maryland,Washington, DC, West Virginia,Virginia, and Delaware)Personnel Officer, Department of

Housing and Urban Development,Liberty Square Building, 105 South7th Street, Philadelphia, PA 19106,(215) 597–2613

Southeast (Georgia, North Carolina,Kentucky, Tennessee, South Carolina,Alabama, Mississippi, Puerto Rico, andFlorida),Personnel Officer, Department of

Housing and Urban Development,

Richard B. Russell Federal Building,75 Spring Street, SW., Atlanta, GA30303, (404) 331–4078

Midwest (Illinois, Minnesota,Wisconsin, Michigan, Ohio, andIndiana)

Personnel Officer, Department ofHousing and Urban Development,Ralph H. Metcalfe Federal Building,77 West Jackson Boulevard Chicago,IL 60604, (312) 353–5960

Southwest (Texas, Oklahoma, Arkansas,Louisiana, and New Mexico)

Personnel Officer, Department ofHousing and Urban Development,1600 Throckmorton, P.O. Box 2905,Fort Worth, TX 76113, (817) 885–5471

Great Plains (Kansas, Missouri, Iowa,and Nebraska)

Personnel Officer, Department ofHousing and Urban Development,Gateway Tower II, 400 State Avenue,Kansas City, KS 66101, (913) 551–5419

Rocky Mountain (Colorado, Montana,North Dakota, South Dakota, Wyoming,and Utah)

Personnel Officer, Department ofHousing and Urban Development,First Interstate Tower North, 633 17thStreet, Denver, CO 80202, (303) 671–5259

Pacific/Hawaii (California, Nevada,Arizona, and Hawaii)

Personnel Officer, Department ofHousing and Urban Development,Phillip Burton Federal Building, andU.S. Courthouse, 450 Golden GateAvenue, P.O. Box 36003, SanFrancisco, CA 94102, (415) 556–7142

Northwest/Alaska (Washington, Oregon,Idaho, and Alaska)

Personnel Officer, Department ofHousing and Urban Development,Federal Office Building, 909 FirstAvenue, Suite 200, Seattle, WA98104, (206) 220–5125

Department of the Interior

Chief, Payroll Operations Division, Attn:Code D–2605, Bureau of Reclamation,Administrative Service Center,Department of the Interior, P.O. Box272030, 7201 West Mansfield Avenue,Denver, CO 80227–9030, (303) 969–7739

Department of Justice

Offices, Boards, and Divisions,Personnel Office, 12th & PennsylvaniaAvenue, NW., Room 5216,Washington, DC 20530, (202) 514–6008

Office of the Inspector General,Personnel Division, 1425 New YorkAvenue, NW., Suite 7000,Washington, DC 20005, (202) 616–4501For employees of any office of a

United States Attorney and foremployees of the Executive Office forUnited States Attorneys:Assistant Director, Executive Office for

United States Attorneys, PersonnelStaff, Bicentennial Building, 600 EStreet, NW., Room 8017, Washington,DC 20530

United States Marshals Service,Personnel Office, 600 Army NavyDrive, Room 850, Arlington, VA22202–4210, (202) 307–9637

Office of Justice Programs, Office ofPersonnel, 633 Indiana Avenue, NW.,Room 600, Washington, DC 20530,(202) 307–0730

U.S. Trustees Programs, PersonnelOffice, 901 E Street, NW., Room 770,Washington, DC 20530, (202) 616–1000

Drug Enforcement Administration,Office of Personnel, EmployeeRelations Unit, 700 Army Navy Drive,Room 3164, Arlington, VA 22202–4210, (202) 307–1222

Immigration and Naturalization Service,Director of Personnel, CAB Building,Room 624, Washington, DC 20536,(202) 514–3964

Federal Prisons Systems, U.S.Penitentiary, Personnel Office, 1300Metropolitan, Leavenworth, KS66048, (913) 682–8700

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, Route 37, Danbury, CT 06811,(203) 743–6471

Federal Prisons Systems, PersonnelOffice, 320 1st Street, NW., Room 161,Washington, DC 20534, (202) 307–3135

Federal Prisons Systems, U.S.Penitentiary, Personnel Office,Highway 63 South, Terre Haute, IN47808, (812) 238–1531

Federal Prisons Systems, U.S.Penitentiary, Personnel Office, RD#5,Lewisburg, PA 17837, (717) 523–1251

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 1000, Anthony, NM88021, (915) 886–3422

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, Kettler River Road, Sandstone,MN 55072, (612) 245–2262

Federal Prisons Systems, U.S.Penitentiary, Personnel Office, 601McDonough Blvd., SE., Atlanta, GA30315, (404) 622–6241

Federal Prisons Systems, FederalCorrectional Institution, Personnel


Office, P.O. Box 9999, Milan, MI48160, (313) 439–1511

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 888, Ashland, KY41105, (606) 928–6414

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 501 Capital Cir., NE.,Tallahassee, FL 32301, (904) 878–2173

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, Greenbag Road, Morgantown,WV 26505, (304) 296–4416

Federal Prisons Systems, U.S. MedicalCenter, Federal Prison, PersonnelOffice, 1900 W. Sunshine,Springfield, MO 65808, (417) 862–7041

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 2113 N. Hwy 175, Seagoville,TX 75159, (214) 287–2911

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 1000 River Road, Petersburg,VA 23804–1000, (804) 733–7881

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, Glen RayRoad, Box B, Alderson, WV 24910,(304) 445–2901

Federal Prisons Systems, U.S.Penitentiary, Personnel Office, 3901Klein Blvd., Lompoc, CA 93436, (805)735–3245

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, Highway 66 West, El Reno, OK73036, (405) 262–4875

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 9595 W. Quincy Avenue,Englewood, CO 80123, (303) 985–1566

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 1299 Seaside Avenue,Terminal Island, CA 90731, (310)831–8961

Federal Prisons Systems, U.S.Penitentiary, Personnel Office, Rt. 5,P.O. Box 2000, Marion, IL 62959,(618) 964–1441

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 3150 Norton Road, Fort Worth,TX 76119, (817) 535–2111

Federal Prisons Systems, MetropolitanCorrectional Center, Personnel Office,150 Park Row, New York, NY 10007,(212) 791–9130

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 1000, Butner, NC27509, (919) 575–4541

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, RR #2, Box 820, Safford, AZ85546, (602) 348–1337

Federal Prisons Systems, Bureau ofPrisons, South Central RegionalOffice, Personnel Office, 4211 CedarSprings, Suite 300, Dallas, TX 75219,(214) 767–9700

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, Oxford, WI 53952, (608) 584–5511

Federal Prisons Systems, FederalMedical Center, Personnel Office,3301 Leestown Road, Lexington, KY40511, (606) 255–6812

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 5701 8th Street, Dublin, CA94568, (510) 833–7500

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 8901 S. Wilmot Road, Tucson,AZ 85706, (602) 574–7100

Federal Prisons Systems, Bureau ofPrisons, Personnel Office, SE RegionalOffice, 523 McDonough Blvd., SE.,Atlanta, GA 30315, (404) 624–5252

Federal Prisons Systems, North CentralRegional Office, Personnel Office, 4th& State Avenue, 8th Floor-Tower II,Kansas City, KS 66101–2492, (913)551–1144

Federal Prisons Systems, Bureau ofPrisons, Personnel Office, NE Region,U.S. Customs, 2nd & Chestnut, 7thFloor, Philadelphia, PA 19106, (215)597–6302

Federal Prisons Systems, Bureau ofPrisons, Personnel Office, W. RegionalOffice, 7950 Dublin Blvd., 3rd Floor,Dublin, CA 94568, (510) 803–4710

Federal Prisons Systems, MetropolitanCorrectional Center, Personnel Office,71 W. Van Buren Street, Chicago, IL60605, (312) 322–0567

Federal Prisons Systems, MetropolitanCorrectional Center, Personnel Office,808 Union Street, San Diego, CA92101, (619) 232–4311

Federal Prisons Systems, MetropolitanCorrectional Center, Personnel Office,15801 SW 137th Avenue, Miami, FL33177, (305) 255–6788

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 1101 John A. Denie Road,Memphis, TN 38134, (901) 372–2269

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, P.O. Box1000, Montgomery, PA 17752, (717)547–1641

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 730, HWY 95,Bastrop, TX 78602–0730, (512) 321–3903

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, Eglin AFB,Eglin AFB, FL 32542, (904) 882–8522

Federal Prisons Systems, FederalCorrectional Institution, Personnel

Office, 565 E Renfroe Road, Talladega,AL 35160, (205) 362–0410

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, P.O. Box 500,Boron, CA 93516, (619) 762–5161

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 1900 Simler Avenue, BigSpring, TX 79720, (915) 263–8304

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 600, Otisville, NY10963, (914) 386–5855

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 300, Raybrook, NY12977, (518) 891–5400

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 37900 North 45th Avenue,Dept. 1680, Phoenix, AZ 85027, (602)465–5112

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 5050, Oakdale, LA71463, (318) 335–4070

Federal Prisons Systems, FederalMedical Center, Personnel Office, P.O.Box 4600, Rochester, MN 55903, (507)287–0674

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 1000, Loretto, PA15940, (814) 472–4140

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, MaxwellAFB, Montgomery, AL 36112, (205)834–3681

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 3625 FCI Road, Marianna, FL32446, (904) 526–6377

Federal Prisons Systems, MetropolitanDetention Center, Personnel Office,535 N. Alameda Street, Los Angeles,CA 90012, (213) 485–0439

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, P.O. Box 680,Yankton, SD 57078, (605) 665–3265

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, Drawer 2197,Bryan, TX 77803, (409) 823–1879

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, SaufleyField, Pensacola, FL 32509, (904)457–1911

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 3600 Guard Road, Lompoc, CA93436, (805) 736–4154

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, Box 5000, Bradford, PA 16701,(814) 362–8900

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, SeymourJohnson AFB, Goldsboro, NC 27533,(919) 735–9711


Federal Prisons Systems, Federal PrisonCamp, Personnel Office, Nellis AFB,Nellis, NV 89191, (702) 644–5001

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 5001, Sheridan, OR97378, (503) 843–4442

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 2600 Highway 301 South,Jesup, GA 31545, (912) 427–0870

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 280, Fairton, NJ08320, (609) 453–4068

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, P.O. Box1400, Duluth, MN 55814, (218) 722–8634

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, P.O. Box16300, El Paso, TX 79906, (915) 540–6150

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 4000, Three Rivers,TX 78071, (512) 786–3576

Federal Prisons Systems, FederalDetention Center, Personnel Office,P.O. Box 5060, Oakdale, LA 71463,(318) 335–4070

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, 6696 NavyRoad, Millington, TN 38053, (901)872–2277

Federal Prisons Systems, FederalMedical Center, Personnel Office, P.O.Box 68, Carville, LA 70721, (504)389–5044

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 789, Minersville, PA17954, (717) 544–7121

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, Homestead,FL 33039, (305) 258–9676

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, Box 40150,Tyndall AFB, FL 32403, (904) 286–6777

Federal Prisons Systems, MetropolitanDetention Center, Personnel Office,P.O. Box 34028, Ft. Buchanan, PR00934, (809) 749–4480

Federal Prisons Systems, Bureau ofPrisons #580, Personnel Office,Management & Specialist TrainingCenter, 791 Chambers Road, Aurora,CO 80011, (303) 361–0567

Federal Prisons Systems, LSCI, P.O. Box1500, White Deer, PA 17887, (717)547–1990

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, Rt. 8 Box 58, Fox HollowRoad, Manchester, KY 40962, (606)598–4153

Federal Prisons Systems, MetropolitanDetention Center, Personnel Office,

100 29th Street, Brooklyn, NY 11232,(718) 832–1039

Federal Prisons Systems, U.S.Penitentiary-High, 5880 State Hwy, 67South, Florence, CO 81226, (719)784–9454

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, 5880 State Hwy, 67 South,Florence, CO 81226, (719) 784–9100

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 699, Estill, SC 29918,(803) 625–4607

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, P.O. Box 2500, White Deer, PA17887, (717) 547–7950

Federal Prisons Systems, FederalDetention Center, Personnel Office,1638 Northwest 82nd Avenue, Miami,FL 33126, (305) 597–4884

Federal Prisons Systems, Bureau ofPrisons, Personnel Office, MidAtlantic Region, 10010 Junctions Dr.#100–N, Annapolis Junction, MD20701, (301) 317–3199

Federal Prisons Systems, U.S.Penitentiary, Personnel Office, P.O.Box 3500, White Deer, PA 17887,(717) 547–0963

Federal Prisons Systems, North CentralRegional Office, Personnel Office, 4th& State Ave., 8th Floor-Tower II,Kansas City, KS 66101–2492, (913)551–1144

Federal Prisons Systems, Federal PrisonCamp, Personnel Office, Glen RayRoad—Box B, Alderson, WV 24910–0700, (304) 445–2901

Federal Prisons Systems, FederalCorrectional Complex, PersonnelOffice, P.O. Box 999, 904 NE 50thWay, Coleman, FL 33521–0999, (904)748–0999

Federal Prisons Systems, FederalCorrectional Institution, PersonnelOffice, Fort Dix, P.O. Box 38, Trenton,NJ 08640, (609) 723–1100

Federal Prisons Systems, FederalMedical Center, Personnel Office, P.O.Box 27066, J St., Bldg. 3000, Ft.Worth, TX 76127–7066, (817) 782–3834

Federal Bureau of Investigation,Personnel Officer, FBI Headquarters,J. Edgar Hoover Building, 10th Street& Pennsylvania Avenue, NW., Room6012, Washington, DC 20535, (202)324–3514

Department of Labor

1. Payments to employees of theDepartment of Labor:Director, Office of Accounting,

Department of Labor, 200 ConstitutionAvenue, NW., Washington, DC 20210,(202) 219–8314

2. Process relating to thoseexceptional cases where there is moneydue and payable by the United Statesunder the Longshoreman’s Act shouldbe directed to the:Associate Director for Longshore and

Harbor Workers’ Compensation,Department of Labor, 200 ConstitutionAvenue, NW., Washington, DC 20210,(202) 219–87213. Process relating to benefits payable

under the Federal Employees’Compensation Act should be directed tothe appropriate district office of theOffice of Workers’ CompensationPrograms:

District No. 1District Director, Office of Workers’

Compensation Programs, Room 1800,John F. Kennedy Building,Government Center, Boston, MA12203, (617) 565–2137

Connecticut, Maine, Massachusetts,New Hampshire, Rhode Island, andVermont District No. 2District Director, Office of Workers’

Compensation Programs, 201 VarickStreet, Room 750, P.O. Box 566, NewYork, NY 10014–0566, (212) 337–2075

New Jersey, New York, Puerto Rico, andthe Virgin Islands District No. 3District Director, Office of Workers’

Compensation Programs, GatewayBuilding, 3535 Market Street,Philadelphia, PA 19104, (215) 596–1457

Delaware, Pennsylvania, and WestVirginia District No. 6District Director, Office of Workers’

Compensation Programs, 214 N.Hogan Street, Suite 1026,Jacksonville, FL 32202, (904) 232–2821

Alabama, Florida, Georgia, Kentucky,Mississippi, North Carolina, SouthCarolina, and Tennessee District No. 9District Director, Office of Workers’

Compensation Programs, 1240 East9th Street, Cleveland, OH 44199, (216)522–3800

Indiana, Michigan, and Ohio DistrictNo. 10

District Director, Office of Workers’Compensation Programs, 230 S.Dearborn Street, 8th Floor, Chicago, IL60604, (312) 353–5656

Illinois, Minnesota, and WisconsinDistrict No. 11

Regional Director, Office of Workers’Compensation Programs, 1910 FederalOffice Building, 911 Walnut Street,


Kansas City, MO 64106, (816) 426–2195

Iowa, Kansas, Missouri, and NebraskaDistrict No. 12

District Director, Office of Workers’Compensation Programs, 1801California Street, Suite 915, Denver,CO 80202, (303) 391–6000

Colorado, Montana, North Dakota,South Dakota, Utah, and Wyoming,District No. 13

District Director, Office of Workers’Compensation Programs, 71Stevenson Street, 2nd Floor, P.O. Box3769, San Francisco, CA 94119–3769,(415) 744–6610

Arizona, California, Hawaii, Guam, andNevada District No. 14

District Director, Officer of Workers’Compensation Programs, 111 ThirdAvenue, Suite 615, Seattle, WA98101, (206) 553–5508

Alaska, Idaho, Oregon, and WashingtonDistrict No. 16

District Director, Office of Workers’Compensation Programs, 525 GriffinStreet, Room 100, Dallas, TX 75202,(214) 767–2580

Arkansas, Louisiana, New Mexico,Oklahoma, and Texas District No. 25

District Director, Office of Workers’Compensation Programs, 800 N.Capitol Street, Room 800,Washington, DC 20211, (202) 724–0713

District of Columbia, Maryland, andVirginia

4. Process relating to claims arisingout of the places set forth below andprocess seeking to attach FederalEmployees’ Compensation Act benefitspayable to employees of the Departmentof Labor should be directed to the:Regional Director, Office of Workers’

Compensation Programs, 1910 FederalOffice Building, 911 Walnut Street,Kansas City, MO 64106, (816) 426–2195

Department of State

Executive Director (L/EX), Office of theLegal Adviser, Department of State,22nd and C Street, NW., Room 5519A,Washington, DC 20520, (202) 647–8323

Department of Transportation


General Counsel, Department ofTransportation, 400 7th Street, SW.,Washington, DC 20590, (202) 366–4702

Agent designated to accept legalprocess issued by courts in the Districtof Columbia:Assistant Chief Counsel, AGC–100,

Department of Transportation, 701Pennsylvania Avenue, NW., Suite925, Washington, DC 20004, (202)376–6416Agent designated to accept legal

process issued by courts in the State ofOklahoma:Assistant Chief Counsel, MC–7,

Department of Transportation, P.O.Box 25082, Oklahoma City, OK 73125,(405) 954–3296Agent designated to accept legal

process issued by courts in the State ofNew Jersey:Assistant Chief Counsel, ACT–7, FAA

Technical Center, Department ofTransportation, Atlantic City, NJ08405, (609) 485–7087

United States Coast Guard

Commanding Officer (L), Coast GuardPay and Personnel Center, FederalBuilding, 444 SE. Quincy Street,Topeka, KS 66683–3591, (913) 295–2520


1. Headquarters (Washington, DC) andoverseas employees: Agent designatedto accept legal process issued by courtsin the District of Columbia:Assistant Chief Counsel, AGC–100,

Federal Aviation Administration, 701Pennsylvania Avenue, NW., Suite925, Washington, DC 20004, (202)376–6416Agent designated to accept legal

process issued by courts in the State ofOklahoma:Assistant Chief Counsel, AMC–7,

Federal Aviation Administration, P.O.Box 25082, Oklahoma City, OK 73125,(405) 954–3296Agent designated to accept legal

process issued by courts in the State ofNew Jersey:Assistant Chief Counsel, ACT–7, FAA

Technical Center, Federal AviationAdministration, Atlantic City, NJ08405, (609) 485–7087Agent designated to accept legal

process issued by courts in the State ofAlaska:Assistant Chief Counsel, AAL–7,

Federal Aviation Administration, 222West 7th Avenue, #14, Anchorage, AL99533, (907) 271–5269Agent designated to accept legal

process issued by courts in the States ofMaine, New Hampshire, Vermont,Massachusetts, Rhode Island, andConnecticut:

Assistant Chief Counsel, ANE–7,Federal Aviation Administration, 12New England Executive Park,Burlington, MA 01803, (617) 238–7040Agent designated to accept legal

process issued by courts in the States ofNew York, Pennsylvania, Maryland,West Virginia, Delaware, and Virginia:Assistant Chief Counsel, AEA–7,

Federal Aviation Administration JFKInternational Airport, FitzgeraldFederal Building, Jamaica, NY 11430,(718) 553–1035Agent designated to accept legal

process issued by courts in the States ofKentucky, Tennessee, North Carolina,South Carolina, Georgia, Florida,Alabama, and Mississippi:Assistant Chief Counsel, ASO–7,

Federal Aviation Administration, P.O.Box 20636, Atlanta, GA 30320, (404)763–7204Agent designated to accept legal

process issued by courts in the States ofLouisiana, Arkansas, Texas, and NewMexico:Assistant Chief Counsel, ASW–7,

Federal Aviation Administration,2601 Meacham Boulevard, FortWorth, TX 76137–4298, (817) 222–5064Agent designated to accept legal

process issued by courts in the States ofNebraska, Iowa, Missouri, and Kansas:Assistant Chief Counsel, ACE–7, Federal

Aviation Administration, 601 East12th Street, Federal Building, KansasCity, MO 64106, (816) 426–5446Agent designated to accept legal

process issued by courts in the States ofOhio, Indiana, Illinois, Michigan,Wisconsin, Minnesota, North Dakota,and South Dakota:Assistant Chief Counsel, AGL–7,

Federal Aviation Administration,O’Hare Lake Office Center, 2300 EastDevon Avenue, Des Plaines, IL 60018,(708) 294–7108Agent designated to accept legal

process issued by courts in the States ofColorado, Utah, Wyoming, Montana,Idaho, Oregon, and Washington:Assistant Chief Counsel, AMN–7,

Federal Aviation Administration,1601 Lind Avenue, SW., Renton, WA98055–4056Agent designated to accept legal

process issued by courts in the States ofArizona, Nevada, and California:Assistant Chief Counsel, AWP, Federal

Aviation Administration, P.O. Box92007 World Postal Center, LosAngeles, CA 90009, (210) 297–1270


Department of the Treasury

(1) Departmental Offices

Assistant General Counsel(Administrative and General Law),Treasury Department, 1500Pennsylvania Avenue, NW., Room1410, Washington, DC 20220, (202)622–0450

(2) Office of Foreign Assets Control

Chief Counsel, Second Floor, TreasuryAnnex, 1500 Pennsylvania Avenue,NW., Washington, DC 20220, (202)622–2410

(3) U.S. Savings Bonds Division

Chief Counsel, U.S. Mint, 633 3rdStreet, NW., Room 733, Washington,DC 20220, (202) 874–6040

(4) Financial Management Service

Chief Counsel, Financial ManagementService, 401 14th Street, SW., Room531, Washington, DC 20227, (202)874–6680

(5) Internal Revenue Service

Assistant Chief Counsel, General LegalServices, Internal Revenue Service,Suite 208, Box 14 & 15, 370 L’EnfantPromenade, SW., Washington, DC20024–2518, (202) 401–4000

(6) Bureau of Alcohol, Tobacco &Firearms

Chief Counsel, 640 MassachusettsAvenue, NW., Room 6100,Washington, DC 20226, (202) 927–7772

(7) Bureau of the Public Debt

Chief Counsel, 999 E Street, NW., Room503, Washington, DC 20239, (202)219–3320

(8) Secret Service

Legal Counsel, 1800 G Street, NW.,Room 842, Washington, DC 20223,(202) 435–5771

(9) Bureau of Engraving & Printing

Legal Counsel, 14th & C Streets, NW.,Room 306M, Washington, DC 20228,(202) 874–2500

(10) Office of the Comptroller of theCurrency

Washington Headquarters

Director of Litigation, Office of theComptroller of the Currency, 250 EStreet, SW., Washington, DC 20219–0001, (202) 874–5280

District Offices

District Counsel, Office of theComptroller of the Currency,

Northeastern District, 1114 Avenue ofthe Americas, Suite 3900, New York,NY 10036–7703, (212) 790–4010

District Counsel, Office of theComptroller of the Currency,Southeastern District, Marquis OneTower, Suite 600, 245 PeachtreeCenter Ave., NE., Atlanta, GA 30303–1223, (404) 588–4520

District Counsel, Office of theComptroller of the Currency, CentralDistrict, One Financial Place, Suite2700, 440 South LaSalle St., Chicago,IL 60605–1073, (312) 663–8020

District Counsel, Office of theComptroller of the Currency,Midwestern District, 2345 GrandAvenue, Suite 700, Kansas City, MO64108–2683, (816) 556–1870

District Counsel, Office of theComptroller of the Currency,Southwestern District, 1600 LincolnPlaza, 500 North Akard Street, Dallas,TX 75201–3345, (214) 720–7012

District Counsel, Office of theComptroller of the Currency, WesternDistrict, 50 Fremont Street, Suite3900, San Francisco, CA 94105–2292,(415) 545–5980

(11) United States MintChief Counsel, 633 3rd Street, NW.,

Room 733, Washington, DC 20220,(202) 874–6040

(12) Federal Law Enforcement TrainingCenterLegal Counsel, Building 69, Glynco, GA

31524, (912) 267–2100

(13) Customs ServiceAssistant Chief Counsel, P.O. Box

68914, Indianapolis, IN 46278, (317)298–1233

(14) Office of Thrift SupervisionChief Counsel, 1700 G Street, NW., Fifth

Floor, Washington, DC 20552, (202)906–6268

Department of Veterans Affairs (VA)The fiscal officer at each Department

of Veterans Affairs (VA) facility shall bethe designated agent for VA employeeobligors at that facility. When a facilityat which an individual is employeddoes not have a fiscal officer, theaddress and telephone number listed isfor the fiscal officer servicing such afacility. In those limited cases where aportion of VA service-connectedbenefits may be subject to garnishment,service of process, unless otherwiseindicated below, should be made at theregional office nearest the veteranobligor’s permanent residence.

AlabamaFiscal Officer, Birmingham Medical

Center, Sent to: Fiscal Officer, VA

Medical Center, 215 Perry Hill Road,Montgomery, AL 36193, (205) 272–4670, ext. 4709

National Cemetery Area Office, 700South 19th Street, Birmingham, AL35233, (205) 939–2103

Mobile Outpatient Clinic Substation,Send to: Fiscal Officer, VA MedicalCenter, Gulfport, MS 39501, (601)863–1972, ext. 225

Fiscal Officer, Montgomery RegionalOffice, 474 South Court Street,Montgomery, AL 36104, (205) 832–7172

Fiscal Officer Montgomery MedicalCenter, 215 Perry Hill Road,Montgomery, AL 36109, (205) 272–4670, ext. 204

Fiscal Officer, Tuscaloosa MedicalCenter, Tuscaloosa, AL 35401, (205)553–3760

Fiscal Officer, Tuskegee Medical Center,Tuskegee, AL 36083, (205) 727–0550,ext. 0622

AlaskaFiscal Officer, Anchorage Regional

Office, Outpatient Clinic, 235 East 8thAvenue, Anchorage, AK 99501, (907)271–2250

Juneau VA Office, Send to: FiscalOfficer, VA Regional Office, 235 East8th Avenue, Anchorage, AK 99501,(907) 271–2250

Sitka National Cemetery Area Office,Send to: Fiscal Officer, VA RegionalOffice, 235 East 8th Avenue,Anchorage, AK 99501, (907) 271–2250

ArizonaCave Creek National Cemetery Area

Office, Send to: Fiscal Officer, VAMedical Center, Seventh Street &Indian School Road, Phoenix, AZ85012, (602) 277–5551

Fiscal Officer, Phoenix Regional Office,3225 North Central Avenue, Phoenix,AZ 85012, (606) 241–2735

Fiscal Officer, Phoenix Medical Center,Seventh Street & Indian School Road,Phoenix, AZ 85012, (602) 277–5551

Fiscal Officer, Prescott Medical Center,Prescott, AZ 86313, (602) 445–4860,ext. 264

Prescott National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Prescott, AZ 86313, (602) 445–4860, ext. 264

Fiscal Officer, Tucson Medical Center,Tucson, AZ 85723, (602) 792–1450,ext. 710

ArkansasFayetteville National Cemetery Area

Office, Send to: Fiscal Officer, VAMedical Center, Fayetteville, AR72701, (501) 443–4301

Fiscal Officer, Fayetteville MedicalCenter, Fayetteville, AR 72701, (501)443–4301


Fort Smith National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Fayetteville, AR72701, (501) 443–4301

Fiscal Officer, Little Rock RegionalOffice, 1200 W. 3d Street, Little Rock,AR 72201, (501) 378–5142

Fiscal Officer, John L. McClellanMemorial, Veterans Hospital, 4300West 7th Street (04), Little Rock, AR72205, (501) 661–1202, ext. 1310

Fiscal Officer, VA Regional Office, Sendto: VA Medical Center, 11000 N.College Avenue, Fayetteville, AR72701, (501) 444–5007

Fiscal Officer, VA Regional Office,Building 65, Fort Roots, P.O. Box1280, North Little Rock, Little Rock,AR 72115, (501) 370–3741

California

Bell Supply Depot, Send to: FiscalOfficer, VA Supply Depot, P.O. Box27, Hines, IL 60141, (312) 681–6800

Fiscal Officer, Fresno Medical Center,2615 East Clinton Avenue, Fresno, CA94703, (209) 225–6100

Fiscal Officer, Livermore MedicalCenter, Livermore, CA 94550, (415)447–2560, ext. 317

Fiscal Officer, Loma Linda MedicalCenter, 11201 Benton Street, LomaLinda, CA 92357, (714) 825–7084, ext.2550/2551

Fiscal Officer, Long Beach MedicalCenter, 5901 East Seventh Street,Long Beach, CA 90822, (213) 498–1313, ext. 2101

Fiscal Officer, Los Angeles RegionalOffice, Federal Building, 11000Wilshire Blvd., Los Angeles, CA90024, (213) 209–7565Jurisdiction over the following

counties in California: Inyo, Kern, LosAngeles, Orange, San Bernadino, SanLuis Obispo, Santa Barbara and Ventura.Los Angeles Data Processing Center,

Send to: Fiscal Officer, VA RegionalOffice, Federal Bldg., 11000 WilshireBlvd., Los Angeles, CA 90024, (213)209–7565

Fiscal Officer, Los Angeles MedicalCenter—Brentwood Division, LosAngeles, CA 90073, (213) 478–3478

Fiscal Officer, Los Angeles MedicalCenter—Wadsworth Division, LosAngeles, CA 90073, (213) 478–3478

Fiscal Officer, Los Angeles OutpatientClinic, 425 South Hill Street, LosAngeles, CA 90013, (213) 894–3870

Los Angeles Regional Office of Audit,Send to: Fiscal Officer, VA MedicalCenter—Brentwood Division, LosAngeles, CA 90073, (213) 824–4402

Los Angeles Field Office of Audit, Sendto: Fiscal Officer, VA MedicalCenter—Wadsworth Division, LosAngeles, CA 90073, (213) 478–3478

Los Angeles National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center—Brentwood Division,Los Angeles, CA 90073, (213) 478–3478

Fiscal Officer, Martinez Medical Center,150 Muir Rd., Martinez, CA 94553,(415) 228–6680, ext. 235

Fiscal Officer, Palo Alto Medical Center,3801 Miranda Avenue, Palo Alto, CA94304, (415) 493–5000, ext. 5643

Riverside National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center—WadsworthDivision, Los Angeles, CA 90073,(213) 478–3478

San Bruno National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 4150 Clement Street,San Bruno, CA 94121, (415) 221–4810, ext. 315/316

Fiscal Officer, San Diego MedicalCenter, 3350 La Jolla Village Drive,San Diego, CA 92161, (714) 453–7500,ext. 3351

San Diego Outpatient Clinic, Send to:Fiscal Officer, VA Medical Center,3350 La Jolla Village Drive, San Diego,CA 92161, (714) 453–7500, ext. 3351

Fiscal Officer, San Diego RegionalOffice, 2022 Camino Del Rio North,San Diego, CA 92108, (714) 289–5703Jurisdiction over the following

counties in California: Imperial,Riverside and San DiegoSan Francisco National Cemetery Area

Office, Send to: Fiscal Officer, VAMedical Officer, 4150 Clement Street,San Francisco, CA 94121, (415) 556–0483

Fiscal Officer, San Francisco RegionalOffice, 211 Main Street, SanFrancisco, CA 94105, (415) 974–0160Jurisdiction over all counties in

California except, Inyo, Kern, LosAngeles, Orange, San Bernardino, SanLuis Obispo, Santa Barbara, Ventura,Imperial, Riverside, San Diego, Alpine,Lassen, Modoc and Mono.Fiscal Officer, San Francisco Medical

Center, 4150 Clement Street, SanFrancisco, CA 94121, (415) 221–4810,ext. 315/316

Fiscal Officer, Sepulveda MedicalCenter, 16111 Plummer Street,Sepulveda, CA 91343, (818) 891–2377

Colorado

Fiscal Officer, Denver Regional Office,Denver Federal Center, Bldg. 20,Denver, CO 80225, (303) 234–3920

Fiscal Officer, Denver Medical Center,1055 Clermont Street, Denver, CO80220, (303) 393–2813

Denver National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, 1055 Clermont Street, Denver,CO 80220, (303) 393–2813

Fort Logan National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 1055 Clermont Street,Denver, CO 80220, (303) 393–2813

Fort Lyon National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Fort Lyon, CO 81038,(719) 384–3987

Fiscal Officer, Fort Lyon MedicalCenter, Fort Lyon, CO 81038, (719)384–3987

Fiscal Officer, Grand Junction MedicalCenter, 2121 North Avenue, GrandJunction, CO 81501, (303) 242–0731,ext. 275

ConnecticutFiscal Officer, Hartford Regional Office,

450 Main Street, Hartford, CT 06103,(203) 244–3217

Fiscal Officer, Newington MedicalCenter, 555 Willard Avenue,Newington, CT 06111, (203) 666–6951, ext. 369

Fiscal Officer, West Haven MedicalCenter, 950 Campbell Avenue, WestHaven, CT 06516, (203) 932–5711,ext. 859

DelawareFiscal Officer, Wilmington Medical and

Regional Office Center, 1601Kirkwood Highway, Wilmington, DE19805, (302) 633–5432

District of ColumbiaFinance Division Chief (047H),

Washington Central Office, Room C–50, 810 Vermont Avenue, NW.,Washington, DC 20420, (202) 233–3901

Washington Veterans Canteen ServiceField Office, Send to: FinanceDivision Chief (047H), VA CentralOffice, Room C–50, 810 VermontAvenue, NW., Washington, DC 20420,(202) 233–3901

Fiscal Officer, Washington RegionalOffice, 941 North Capitol Street, NE.,Washington, DC 20421, (202) 208–1349Jurisdiction over all foreign countries

or overseas areas except Mexico,American Samoa, Guam, Midway,Wake, the Trust Territory of the PacificIslands, the Virgin Islands and thePhilippines. Also, jurisdiction overPrince Georges and MontgomeryCounties in Maryland; Fairfax andArlington Counties and the cities ofAlexandria, Fairfax and Falls Church inVirginia.Fiscal Officer, Washington Medical

Center, 50 Irving Street, NW.,Washington, DC 20422, (202) 745–8229

FloridaFiscal Officer, Bay Pines Medical

Center, National Cemetery Area


Office, Bay Pines, FL 33504, (813)398–9321

Fiscal Officer, Gainesville MedicalCenter, Archer Road, Gainesville, FL32601, (904) 376–1611, ext. 6685

Jacksonville Outpatient ClinicSubstation, Send to: Fiscal Officer,VA Medical Center, 1601 SW. ArcherRoad, Gainesville, FL 32602, (904)376–1611, ext. 6685

Jacksonville VA Office, Send to: FiscalOfficer, VA Regional Office, 144 FirstAvenue, South, St. Petersburg, FL33731, (813) 893–3236

Fiscal Officer, Lake City Medical Center,801 South Marion Street, Lake City,FL 32055, (904) 755–3016

Miami VA Office, Send to: Fiscal OfficerVA Regional Office, 144 First Avenue,South, St. Petersburg, FL 33731, (813)893–3236

Fiscal Officer, Miami Medical Center,1201 Northwest 16th Street, Miami,FL 33125, (305) 324–4284

Orlando Outpatient Clinic Substation,Send to: Fiscal Officer, VA MedicalCenter, 1300 North 30th Street,Tampa, FL 33612, (813) 971–4500

Fiscal Officer, James A. Haley Veterans’Hospital, 13000 Bruce B. DownsBlvd., Tampa, FL 33612, (813) 972–7501

Riviera Beach Outpatient ClinicSubstation, Send to: Fiscal Officer,VA Medical Center, 1201 Northwest16th Street, Miami, FL 33125, (305)324–4284

Pensacola National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Gulfport, MS 39501,(601) 863–1972, ext. 225

St. Augustine National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Archer Road,Gainesville, FL 32602, (904) 376–1611, ext. 6685

Fiscal Officer, St. Petersburg RegionalOffice, 144 First Avenue, South, St.Petersburg, FL 33612, (813) 893–3236

Georgia

Fiscal Officer, Atlanta Regional Office,730 Peachtree Street, NE., Atlanta, GA30365, (404) 347–5008

Atlanta Veterans Canteen Service FieldOffice, Send to: Fiscal Officer, VAMedical Center, 1670 Clairmont Road,Decatur, GA 30033, (404) 321–6111

Atlanta National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalOffice, 1670 Clairmont Road, Decatur,GA 30033, (404) 321–6111

Atlanta Field Office of Audit, Send to:Fiscal Officer, VA Regional Office,730 Peachtree Street, NE., Atlanta, GA30301, (404) 347–5008

Fiscal Officer, Augusta Medical Center,Augusta, GA 30904, (404) 733–4471,ext. 675/676

Fiscal Officer, VA Medical Center, 2460Wrightsboro Road, Augusta, GA30910, (404) 724–5116

Fiscal Officer, Decatur Medical Center,1670 Clairmont Road, Decatur, GA30033, (404) 321–6111, ext. 6320

Fiscal Officer, Dublin Medical Center,Dublin, GA 31021, (912) 272–1210,ext. 373

Marietta National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, 1670 Clairmont Road, Decatur,GA 30033, (404) 321–6111

Hawaii

Fiscal Officer, Honolulu RegionalOffice, P.O. Box 50188, Honolulu, HI96850, (808) 541–1490Jurisdiction over Islands of American

Samoa, Guam, Wake Midway and TrustTerritory of the Pacific Islands.Honolulu National Cemetery Area

Office, Send to: Fiscal Officer, VARegional Office, P.O. Box 50188,Honolulu, HI 96850, (808) 546–2109

Idaho

Fiscal Officer, Boise Medical Center,500 West Fort Street, Boise, ID 83702,(208) 336–5100, ext. 7312

Fiscal Officer, Boise Regional Office,Federal Bldg. & U.S. Courthouse, 550West Fort Street, Box 044, Boise, ID83724, (208) 334–1009

Illinois

Alton National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, St. Louis, MO 63125, (314)894–4631

AMF O’Hare Field Office of Audit, Sendto: Fiscal Officer, VA Medical Center,Hines, IL 60141, (312) 343–7200, ext.2481

Fiscal Officer, Chicago Medical Center(Lakeside), 33 East Huron Street,Chicago, IL 60611 (312) 943–6600

Fiscal Officer, Chicago Medical Center(West Side), 820 South DamenAvenue, Chicago, IL 60612, (312)666–6500, ext. 3338

Fiscal Officer, Chicago Regional Office,536 South Clark Street, Chicago, IL60680, (312) 886–9417

Fiscal Officer, Danville Medical Center,Danville, IL 61832, (217) 442–8000

Danville National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, 1900 E. Street, Danville, IL61832, (217) 442–8000, ext. 210

Fiscal Officer, Hines Medical Center,Hines, IL 60141, (312) 343–7200, ext.2481

Hines Marketing Center, Send to: FiscalOfficer, VA Supply Depot, P.O. Box27, Hines, IL 60141, (312) 681–6800

Fiscal Officer, Hines Supply Depot, P.O.Box 27, Hines, IL 60141, (312) 681–6800

Fiscal Officer, Hines Data ProcessingCenter, P.O Box 66303, AMF O’Hare,Hines, IL 60666, (312) 681–6650

Fiscal Officer, Marion Medical Center,Marion, IL 62959, (618) 997–5311,

Mound City National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 2401 West MainStreet, Marion, IL 62959, (618) 997–5311

Fiscal Officer, North Chicago MedicalCenter, North Chicago, IL 60064, (312)689–1900

Quincy National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Iowa City, IA 52240, (319)338–0581, ext. 304

Rock Island National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Iowa City, IA 52240,(319) 338–0581, ext. 304

Springfield National Cemetery AreaOfficer, Send to: Fiscal Officer, VAMedical Center, Danville, IL 61832,(217) 442–8000

Indiana

Evansville Outpatient Clinic Substation,Send to: Fiscal Officer, VA MedicalCenter, Marion, IL 62959, (618) 997–5311

Fiscal Officer, Fort Wayne MedicalCenter, 1600 Randalia Drive, FortWayne, IN 46805, (219) 426–5431

Fiscal Officer, Indianapolis RegionalOffice, 575 North Pennsylvania Street,Indianapolis, IN 46204, (317) 269–7840

Fiscal Officer, Indianapolis MedicalCenter, 1481 West 10th Street,Indianapolis, IN 46202, (317) 635–7401, ext. 2363,

Indianapolis National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 1481 West 10thStreet, Indianapolis, IN 46202, (317)635–7401, ext. 2363

Fiscal Officer, Marion Medical Center,Marion, IN 46952, (317) 674–3321,ext. 214

Marion National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Marion, IN 46952, (317) 674–3321, ext. 211

New Albany National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 800 Zorn Avenue,Louisville, KY 40202, (502) 895–3401

Iowa

Fiscal Officer, Des Moines RegionalOffice, 210 Walnut street, Des Moines,IA 50309, (515) 284–4220

Fiscal Officer, Des Moines MedicalCenter, 30th & Euclid Avenue, DesMoines, IA 50310, (515) 255–2173

Fiscal Officer, Iowa City Medical Center,Iowa City, IA 52246, (319) 338–0581,ext. 7702


Keokuk National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Iowa City, IA 52240, (319)228–052

Keokuk National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Iowa City, IA 52240, (319)228–052

Kansas

Ft. Leavenworth National CemeteryArea Office, Send to: Fiscal Officer,VA Medical Center, Leavenworth, KS66048, (913) 682–2000, ext. 214

Ft. Scott National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Leavenworth, KS 66048, (913)682–2000, ext. 214

Leavenworth National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Leavenworth, KS66048, (913) 682–2000, ext. 214

Fiscal Officer, Leavenworth MedicalCenter, Leavenworth, KS 66048, (913)682–2000, ext. 214

Fiscal Officer, Topeka Medical Center,2200 Gage Blvd., Topeka, KS 66622,(913) 272–3111, ext. 521

Fiscal Officer, Wichita Medical Center,5500 East Kellogg, Wichita, KS 67211,(316) 685–2221, ext. 256

Wichita Regional Office, Send to: VAMedical Center, 5500 East Kellogg,Wichita, KS 67211, (316) 685–2111,ext. 256Process for VA service-connected

benefits should also be sent to theWichita Medical Center rather than tothe Wichita Regional Office.Fiscal Officer, VA Regional Office, 901

George Washington Blvd, Wichita, KS67211, (316) 269–6813

Kentucky

Danville National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Lexington, KY 40507, (606)223–4511

Fiscal Officer, Knoxville MedicalCenter, Knoxville, KY 50138, (515)842–3101, ext. 241

Lebanon National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Lexington, KY 40507, (606)233–4511

Lexington National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Lexington, KY 40507,(606) 233–4511

Fiscal Officer, Lexington MedicalCenter, Lexington, KY 40507, (606)233–4511

Fiscal Officer, Louisville RegionalOffice, 600 Federal Place, Louisville,KY 40202, (502) 582–6482

Fiscal Officer, Louisville MedicalCenter, 800 Zorn Avenue, Louisville,KY 40202, (502) 895–3401, ext. 241

Louisville National Cemetery AreaOffice, (Zachary Taylor), Send to:Fiscal Officer, VA Medical Center,800 Zorn Avenue, Louisville, KY40202, (502) 895–3401, ext. 241

Louisville National Cemetery AreaOffice, (Cave Hill), Send to: FiscalOfficer, VA Medical Center, 800 ZornAvenue, Louisville, KY 40202, (502)895–3401, ext. 241

Nancy National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Lexington, KY 40507, (606)233–4511

Nicholasville National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Lexington, KY 40507,(606) 233–4511

Perryville National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Lexington, KY 40507,(606) 233–4511

Louisiana

Fiscal Officer, Alexandria MedicalCenter, Alexandria, LA 71303, (318)473–0010, ext. 2281

Baton Rouge National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 1601 Perdido Street,New Orleans, LA 70146, (504) 568–0811

Fiscal Officer, New Orleans RegionalOffice, 701 Loyola Avenue, NewOrleans, LA 70133, (504) 589–6604

Fiscal Officer, New Orleans MedicalCenter, 1601 Perdido Street, NewOrleans, LA 70146, (504) 568–0811

Baton Rouge National Cemetery, 220North 19th Street, Baton Rouge, LA70806, (504) 389–0788

Pineville National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Alexandria, LA71301, (318) 442–0251

Fiscal Officer, Shreveport MedicalCenter, 510 East Stoner Avenue,Shreveport, LA 71101, (318) 221–8411, ext. 722

Shreveport VA Office, Send to: FiscalOfficer, Va Regional Officer, 701Loyola Avenue, New Orleans, LA70113, (504) 589–6604

Port Hudson (Zachary) NationalCemetery Area Office, Send to: FiscalOfficer, VA Medical Center, 1601Perdido Street, New Orleans, LA70146, (504) 568–0811

Maine

Portland VA Office, Send to: FiscalOfficer, VA Center, Togus, ME 04330,(207) 623–8411

Fiscal Officer, Togus Medical &Regional Office Center, Togus, ME04330, (207) 623–8411

Togus National Cemetery Area Office,Send to: Fiscal Officer, VA Center,Togus, ME 04330, (207) 623–8411

Maryland

Annapolis National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 3900 Loch RavenBlvd., Baltimore, MD 21218, (301)467–9932, ext. 5281/5282

Fiscal Officer, Baltimore RegionalOffice, Federal Bldg., 31 HopkinsPlaza, Baltimore, MD 21201, (301)962–4410Jurisdiction does not include Prince

Georges and Montgomery Countieswhich are included under theWashington, DC Regional Office.Baltimore Outpatient Clinic, Send to:

Fiscal Officer, VA Medical Center,3900 Loch Raven Blvd., Baltimore,MD 21218, (301) 467–9932, ext. 5281/5282

Fiscal Officer, Baltimore MedicalCenter, 3900 Loch Raven Blvd.,Baltimore, MD 21218, (301) 467–9932,ext. 5281/5282

Baltimore National Cemetery AreaOffice (Loudon Park), Send to: FiscalOfficer, VA Medical Center, 3900Loch Raven Blvd., Baltimore, MD21218, (301) 467–9932, ext. 5281/5282

Fiscal Officer, Fort Howard MedicalCenter, Fort Howard, MD 21052, (301)687–8768, ext. 328

Hyattsville Field Office of Audit, Sendto: Fiscal Division Chief (047H), VACentral Office, Room C–50 810Vermont Avenue, Washington, DC20420, (202) 389–3901

Fiscal Officer, Perry Point MedicalCenter, Perry Point, MD 21902, (301)642–2411, ext. 5224/5225

Massachusetts

Fiscal Officer, Bedford Medical Center,200 Springs Road, Bedford, MA01730, (617) 275–7500

Fiscal Officer, Boston Regional Office,John F. Kennedy Bldg., Room 400C,Government Center, Boston, MA,(617) 565–2616Jurisdiction over certain towns in

Bristol and Plymouth Counties and thecounties of Barnstable, Dukes andNantucket is allocated to theProvidence, Rhode Island RegionalOffice.Boston Outpatient Clinic, Send to:

Fiscal Officer, VA Medical Center,150 South Huntington Avenue,Boston, MA 02130, (617) 232–9500,ext. 427/420

Fiscal Officer, Boston Medical Center,150 South Huntington Avenue,Boston, MA 02130, (617) 232–9500,ext. 427/420

Bourne National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Brockton, MA 02401, (617)583–4500, ext. 266


Fiscal Officer, Brockton Medical Center,Brockton, MA 02401, (617) 583–4500,ext. 266

Lowell Outpatient Clinic Substation,Send to: Fiscal Officer, VA MedicalCenter, 150 South HuntingtonAvenue, Boston, MA 02130, (617)322–9500, ext. 427/420

New Bedford Outpatient ClinicSubstation, Send to: Fiscal Officer,VA Medical Center, Providence, RI02908, (401) 273–7100

Fiscal Officer, Northampton MedicalCenter, Northampton, MA 01060,(413) 584–4040

Springfield Outpatient ClinicSubstation, Send to: Fiscal Officer,VA Medical Center, Northampton,MA 01060, (413) 584–4040

Springfield VA Office, Send to: FiscalOfficer, VA Regional Office, John F.Kennedy Bldg., Room 400C,Government Center, Boston, MA02203, (617) 565–2616

Fiscal Officer, West Roxbury MedicalCenter, 1400 Veterans of Foreign WarsParkway, West Roxbury, MA 02132,(617) 323–7700, ext. 5650

Worcester Outpatient Clinic Substation,Send to: Fiscal Officer, VA MedicalCenter, 1400 Veterans of Foreign WarsParkway, West Roxbury, MA 02132,(617) 322–7700, ext. 5650

MichiganFiscal Officer, Allen Park Medical

Center, Allen Park, MI 48101, (313)562–6000, ext. 535

Fiscal Officer, Ann Arbor MedicalCenter, 2215 Fuller Road, Ann Arbor,MI 48105, (313) 769–7100, ext. 288/289

Fiscal Officer, Battle Creek MedicalCenter, Battle Creek, MI 49016, (616)966–5600, ext. 3566

Grand Rapids Outpatient ClinicSubstation, Send to: Fiscal Officer,VA Medical Center, Battle Creek, MI49016, (616) 966–5600, ext. 3566

Fiscal Officer, Detroit Regional Office,477 Michigan Avenue, Detroit, MI48226, (313) 226–4190

Fiscal Officer, Iron Mountain MedicalCenter, Iron Mountain, MI 49801,(906) 774–3300, ext. 308

Fiscal Officer, Saginaw Medical Center,1500 Weiss Street, Saginaw, MI48602, (517) 793–2340, ext. 3061

MinnesotaFiscal Officer, Minneapolis Medical

Center, 54th & 48th Avenue, SouthMinneapolis, MN 55417, (612) 725–6767, ext. 6311

Fiscal Officer, St. Cloud Medical Center,St. Cloud, MN 56301, (612) 252–1600,ext. 411

Fiscal Officer, St. Paul Center (RegionalOffice), Federal Building, Ft. Snelling,St. Paul, MN 55111, (612) 725–4075

Fiscal Officer, VA Medical Center, OneVeterans Drive, Minneapolis, MN55417, (612) 725–2150Jurisdiction over the counties of

Becker, Beltrami, Clay, Clearwater,Kittson, Lake of the Woods, Mahnomen,Marshall, Norman, Otter Tail,Pennington, Polk, Red Lake, Roseau andWilkin is allocated to the Fargo, NorthDakota Center.St. Paul National Cemetery Area Office,

Send to: VA Medical Center, 54th &48th Avenue, South, Minneapolis,MN 55417, (612) 725–6767, ext. 6311

St. Paul Data Processing Center, Send to:Fiscal Officer, VA Center, FederalBuilding, Ft. Snelling, St. Paul, MN55111, (612) 725–3075

St. Paul Outpatient Clinic, Send to:Fiscal Officer, VA Medical Center,54th & 48th Avenue, Minneapolis,MN 55111, (612) 725–6767, ext. 6311

MississippiBiloxi National Cemetery Area Office,

Send to: Fiscal Officer, VA MedicalCenter, Biloxi, MS 39531, (601) 863–1972, ext. 225

Fiscal Officer, Biloxi Medical Center,Biloxi, MS 39531, (601) 863–1972,ext. 225

Corrinth National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, 1030 Jefferson Avenue,Memphis, TN 38104, (901) 523–8990

Fiscal Officer, Gulfport Medical Center,Gulfport, MS 39601, (601) 863–1972,ext. 225

Fiscal Officer, Jackson Medical Center,1500 East Woodrow Wilson Drive,Jackson, MS 39216, (601) 362–4471,ext. 1281

Fiscal Officer, VA Regional Office,Federal Building, 100 W. Capitol St.,Suite 207, Jackson, MS 39269, (601)965–4853

Natchez National Cemetery, Send to:Fiscal Officer, VA Medical Center,1500 E. Woodrow Wilson Dr.,Jackson, MS 39216, (601) 362–4471,ext. 1281Process for VA service-connected

benefits should also be sent to theJackson Medical Center rather than tothe Jackson Regional Office.

MissouriFiscal Officer, Columbia Medical

Center, 800 Stadium Road, Columbia,MO 62501, (314) 443–2511

Jefferson City National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 800 Stadium Road,Columbia, MO 65201, (314) 443–2511,ext. 6050

Fiscal Officer, Kansas City MedicalCenter, 4801 Linwood Blvd., KansasCity, MO 64128, (816) 861–4700, ext.214

Fiscal Officer, Poplar Bluff MedicalCenter, Poplar Bluff, MO 63901, (314)686–4151

St. Louis National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, St. Louis, MO 63125, (314)894–4931

Fiscal Officer, St. Louis Regional Office,1520 Market Street, St. Louis, MO63103, (314) 539–3112

Fiscal Officer, VA Medical Center, 1500N. Westwood Blvd., Poplar Bluff, MO63901, (314) 686–4151, ext. 265

St. Louis Veterans Canteen Service FieldOffice, Send to: Fiscal Officer, VAMedical Center, St. Louis, MO 63125,(314) 894–4631

Fiscal Officer, St. Louis Medical Center,St. Louis, MO 63125, (314) 894–4631

St. Louis Records Processing Center,Send to: Fiscal Officer, VA RegionalOffice, 1520 Market Street, St. Louis,MO 63103, (314) 539–3112

Springfield National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Fayetteville, AR72701, (501) 443–4301

Montana

Fiscal Officer, Fort Harrison Medical &Regional Office Center, Fort Harrison,MT 59636, (406) 442–6410

Fiscal Officer, Miles City MedicalCenter, 210 N. Broadwell, Miles City,MT 59301, (406) 232–3060

Nebraska

Fiscal Officer, Grand Island MedicalCenter, 2201 N. Broadwell, GrandIsland, NE 68801, (308) 382–3660, ext.244

Fiscal Officer, Lincoln Regional Office,100 Centennial Mall North, Lincoln,NE 68510, (402) 437–5041

Fiscal Officer, Lincoln Medical Center,600 South 70th Street, Lincoln, NE68510, (402) 489–3802, ext. 332

Maxwell National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Grand Island, NE 68801, (308)382–3660, ext. 244

Fiscal Officer, Omaha Medical Center,4101 Woolworth Avenue, Omaha, NE,(402) 346–8800, ext. 4538

Nevada

Las Vegas Outpatient Clinic, Send to:Fiscal Officer, VA Medical Center,1000 Locust Street, Reno, NV 89250,(702) 786–7200, ext. 244

Fiscal Officer, Reno Regional Office,1201 Terminal Way, Reno, NV, (702)784–5637Jurisdiction over the following

counties in California: Alpine, Lassen,Modoc and Mono.Fiscal Officer, Reno Medical Center,

1000 Locust Street, Reno, NV 89520,(702) 786–7200, ext. 244


Henderson Outpatient Clinic, Send to:Fiscal Officer, VA Medical Center,1000 Locust Street, Reno, NV 89520,(702) 786–7200, ext. 244

New Hampshire

Fiscal Officer, Manchester RegionalOffice, 275 Chestnut Street,Manchester, NH 03103, (603) 666–7638

Fiscal Officer, Manchester MedicalCenter, 718 Smyth Road, Manchester,NH 03104, (603) 624–4366

New Jersey

Beverly National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, University & WoodlandAvenues, Philadelphia, PA 19104,(215) 382–2400, ext. 291/292

Fiscal Officer, East Orange MedicalCenter, Tremont Avenue & So. CenterSt., East Orange, NJ 07019, (201) 676–1000, ext. 1771

Fiscal Officer, Lyons Medical Center,Lyons, NJ 07939, (201) 647–0180, ext.4302

Newark Outpatient Clinic, Send to:Fiscal Officer, VA Medical Center,Tremont Avenue & So. Center St., EastOrange, NJ 07019, (201) 676–1000,ext. 125

Fiscal Officer, Newark Regional Office,20 Washington Place, Newark, NJ07102, (201) 645–3507

Salem National Cemetery Area Office,Send to: Fiscal Officer, VA Center,1601 Kirkwood Highway,Wilmington, DE 19805, (302) 994–2511

Fiscal Officer, Somerville Supply Depot,Somerville, NJ 08876, (210) 725–2540

New Mexico

Fiscal Officer, Albuquerque RegionalOffice, 500 Gold Avenue, SW.,Albuquerque, NM 87102, (505) 766–2204

Fiscal Officer, Albuquerque MedicalCenter, 2100 Ridgecrest Drive, SE.,Albuquerque, NM 87108, (505) 265–1711

Santa Fe National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, 2100 Ridgecrest Drive, SE.,Albuquerque, NM 87108, (505) 265–1711, ext. 2214

New York

Fiscal Officer, Albany Medical Center,113 Holland Ave, Albany, NY 12202,(518) 462–3311, ext. 355

Fiscal Officer, VA Medical Center, 800Irving Center, Syracuse, NY 13210,(315) 476–7461, ext. 2358

Albany VA Office, Send to: FiscalOfficer, VA Regional Office, 252Seventh Avenue & 24th Street, NewYork, NY 10001, (211) 620–6293

Fiscal Officer, Batavia Medical Center,Redfield Parkway, Batavia, NY 14020,(716) 345–7500, ext. 215

Fiscal Officer, Bath Medical Center,Bath, NY 14810, (607) 776–2111, ext.1502

Fiscal Officer, Bronx Medical Center,140 W. Kings Bridge Road, Bronx, NY10408, (212) 584–9000, ext. 1502/1717

Fiscal Officer, Brooklyn Medical Center,800 Poly Place, Brooklyn, NY 11209,(718) 630–3542

Brooklyn National Cemetery AreaOffice, Fiscal Officer, VA MedicalCenter, 800 Poly Place, Brooklyn, NY11209, (718) 630–3541

Brooklyn Outpatient Clinic, Send to:Fiscal Officer, VA Medical Center,800 Poly Place, Brooklyn, NY 11209,(718) 630–3542

Fiscal Officer, Buffalo Regional Office,111 West Huron Street, Buffalo, NY14202, (716) 846–5251

Brooklyn Outpatient Clinic, Send to:Fiscal Officer, VA Medical Center,800 Poly Place, Brooklyn, NY 11209,(718) 630–3542

Fiscal Officer, Buffalo Regional Office,111 West Huron Street, Buffalo, NY14202, (716) 846–5251Jurisdiction over all counties in New

York not listed under the New YorkRegional Office.Fiscal Officer, Buffalo Medical Center,

3495 Bailey Avenue, Buffalo, NY14215, (716) 862–3335, (716) 834–9200, ext. 3335

Calverton National Cemetery AreaOffice, Send to: Fiscal Office, VAMedical Center, Northport, NY 11768,(516) 261–4400, ext. 7101/7103

Fiscal Officer, Canandaigua MedicalCenter, Canandaigua, NY 14424, (716)394–2000, ext. 3368

Fiscal Officer, Castle Point MedicalCenter, Castle Point, NY 12511, (914)882–5404

Elmira National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Bath, NY 14810, (607) 776–2111

Farmingdale National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Northport, NY 11768,(516) 261–4400, ext. 2462/2463

Fiscal Officer, Montrose Medical Center,Montrose, NY 10548, (914) 737–4400,ext. 2463

Fiscal Officer, New York MedicalCenter, First Avenue at East 24thStreet, New York, NY 10010, (212)686–7320

New York Outpatient Clinic, Send to:Fiscal Officer, VA Medical Center,First Avenue at East 24th Street, NewYork, NY 10010, (212) 686–7320

New York Prosthetics Center, Send to:Fiscal Officer, VA Regional Office,

252 Seventh Avenue, New York, NY10001, (212) 620–6293

Fiscal Officer, New York RegionalOffice, 252 Seventh Avenue at 24thStreet, New York, NY 10001, (212)620–6293Jurisdiction over the following

counties in New York: Albany, Bronx,Clinton, Columbia, Delaware, Dutchess,Essex, Franklin, Fulton, Greene,Hamilton, Kings, Montgomery, Nassau,New York, Orange, Otsego, Putnam,Queens, Rensselaer, Richmond,Rockland, Saratoga, Schenectady,Schharie, Suffolk, Sullivan, Ulster,Warren, Washington and Westchester.New York Veterans Canteen Service

Field Office, Send to: Fiscal Officer,VA Medical Center, First Avenue atEast 24th Street, New York, NY10010, (212) 686–7320

Fiscal Officer, Northport MedicalCenter, Northport, NY 11768, (516)261–4400, ext. 2462/2463

Rochester VA Office, Send to: FiscalOfficer, VA Regional Office, 111 WestHuron Street, Buffalo, NY 14202,(716) 846–5251

Rochester Outpatient Clinic Substation,Send to: Fiscal Officer, VA MedicalCenter, Batavia, NY 14020, (716) 343–7500, ext. 215

Fiscal Officer, Syracuse Medical Center,Irving Avenue & University Place,Syracuse, NY 13210, (315) 476–7461

Syracuse VA Office, Send to: FiscalOfficer, VA Regional Office, 111 WestHuron Street, Buffalo, NY 14202,(716) 846–5251

North Carolina

Fiscal Officer, Asheville Medical Center,1100 Tunnel Road, Asheville, NC28801, (704) 298–7911, ext. 5616

Fiscal Officer, Durham Medical Center,508 Fulton Street, Durham, NC 27705,(919) 671–6913

Fiscal Officer, Fayetteville MedicalCenter, 2300 Ramsey Street,Fayetteville, NC 28301, (919) 488–2120

New Bern National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 2300 Ramsey Street,Fayetteville, NC 28301, (919) 488–2120

Raleigh National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, 508 Fulton Street, Durham,NC 27705, (919) 286–0411, ext. 6469

Fiscal Officer, Salisbury Medical Center,Salisbury, NC 28144, (704) 636–2351

Salisbury National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Salisbury, NC 28144,(704) 636–2351

Wilmington National Cemetery AreaOffice, Send to: Fiscal Officer, VA


Medical Center, 2300 Ramsey Street,Fayetteville, NC 28301, (919) 488–2120

Fiscal Officer, Winston-Salem RegionalOffice, 251 North Main Street,Winston-Salem, NC 27102, (919) 761–3513

Winston-Salem Outpatient RegionalOffice, Send to: Fiscal Officer, VAMedical Center, Salisbury, NC 28144,(704) 636–2351

North Dakota

Fiscal Officer, Fargo Medical andRegional, Office Center, 21st & Elm,Fargo, ND 58102, (701) 232–3241, ext.249See listing under the St. Paul,

Minnesota Center for the names of thecounties in Minnesota which comeunder the jurisdiction of the Fargo,North Dakota Center.

Ohio

Fiscal Officer, Chillicothe MedicalCenter, 17273 State Route 104,Chillicothe, OH 45601, (614) 773–1141, ext. 203

Fiscal Officer, Cincinnati MedicalCenter, 3200 Vine Street, Cincinnati,OH 45220, (513) 550–5040, ext. 4113

Fiscal Officer, VA Medical Center, 2090Kenny Road, Columbus, OH 43221,(614) 469–6712

Cincinnati VA Office, Send to: FiscalOfficer, VA Regional Office, 1240 EastNinth Street, Cleveland, OH 44199,(216) 522–3540

Fiscal Officer, Cleveland RegionalOffice, 1240 East Ninth Street,Cleveland, OH 44109, (216) 522–3540

Fiscal Officer, Cleveland MedicalCenter, 10,000 Brecksville Rd,Brecksville, OH 44141, (216) 526–3030, ext. 7170

Fiscal Officer, Columbus OutpatientClinic, 456 Clinic Drive, Columbus,OH 43210, (614) 469–6712

Columbus VA Office, Send to: FiscalOfficer, VA Regional Office, 1240 EastNinth Street, Cleveland, OH 44199,(216) 522–3540

Dayton National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Dayton, OH 45248, (513) 268–6511, ext. 262–2157

Fiscal Office, VA Medical Center, 4100W. Third Street, Dayton, OH 45428,(513) 262–2157

Oklahoma

Fort Gibson National Cemetery AreaOffice, Fiscal Officer, VA MedicalCenter, Memorial Station, HonorHeights Drive, Muskogee, OK 74401,(918) 683–3261, ext. 392

Fiscal Officer, Muskogee RegionalOffice, 125 South Main Street,Muskogee, OK 74401, (918) 687–2169

Fiscal Officer, Muskogee MedicalCenter, Memorial Station, HonorHeights Drive, Muskogee, OK 74401,(918) 683–3261, ext. 392

Fiscal Officer, Oklahoma City MedicalCenter, 921 Northeast 13th Street,Oklahoma City, OK 73104, (405) 272–9876, ext. 500

Oklahoma City VA Office, Send to:Fiscal Officer, VA Regional Office,125 South Main St., Muskogee, OK74401, (908) 687–2169

OregonPortland National Cemetery Area Office,

Send to: Fiscal Officer, VA MedicalCenter, 3710 SW U.S. VeteransHospital Road, Portland, OR 97201,(503) 220–8262, ext. 6948

Fiscal Officer, Portland Regional Office,1220 SW 3rd Avenue, Portland, OR97204, (503) 221–2521

Fiscal Officer, Portland Medical Center,3710 SW U.S. Veterans Hospital Road,Portland, OR 97201, (503) 220–8262,ext. 6948

Portland Outpatient Clinic, Send to:Fiscal Officer, VA Medical Center,3710 SW U.S. Veterans Hospital Road,Portland, OR 97210, (503) 222–9221,ext. 6984

Fiscal Officer, VA Medical Center,Garden Valley Blvd., Roseburg, OR97470, (503) 440–1000, ext. 4261

Roseburg National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Garden Valley Blvd.,Roseburg, OR 97470, (503) 672–4411

Fiscal Officer, White City Domiciliary,White City, OR 97501, (503) 826–2111, ext. 241

White City National Cemetery Area,Send to: Fiscal Officer, VA OfficeDomiciliary, White City, OR 97503,(503) 826–2111, ext. 241

PennsylvaniaFiscal Officer, Altoona Medical Center,

Altoona, PA 16603, (814) 943–8164,ext. 7046

Annville National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Lebanon, PA 17042, (717)272–6621, ext. 229,

Fiscal Officer, VA Medical Center,Butler, PA 16001, (412) 287–4781, ext.4505

Fiscal Officer, Coatsville MedicalCenter, Coatsville, PA 19320, (215)384–7711, ext. 342

Fiscal Officer, Erie Medical Center, 135East 38th Street, Erie, PA 16501, (814)868–8661

Harrisburg Outpatient Clinic Substation,Send to: Fiscal Officer, VA MedicalCenter, Lebanon, PA 17042, (717)272–6621, ext. 229

Fiscal Officer, Lebanon Medical Center,Lebanon, PA 17042, (717) 272–6621,ext. 229

Fiscal Officer, Philadelphia Center,(Regional Office) P.O. Box 8079,Philadelphia, PA 19101, (215) 951–5321Jurisdiction over the following

counties in Pennsylvania: Adams,Berks, Bradford, Bucks, Cameron,Carbon, Centre, Chester, Clinton,Columbia, Cumberland, Dauphin,Delaware, Franklin, Juniata,Lackawanna, Lancaster, Lebanon,Lehigh, Luzerne, Lycoming, Mifflin,Monroe, Montgomery, Montour,Northampton, Northumberland, Perry,Philadelphia, Pike, Potter, Schuylkill,Snyder, Sullivan, Susquehanna, Tioga,Union, Wayne, Wyoming and York.Philadelphia Data Processing Center,

Send to: Fiscal Officer, VA MedicalCenter, P.O. Box 13399, Philadelphia,PA 19101, (215) 951–5321

Philadelphia National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, University &Woodland Avenues, Philadelphia, PA19104, (215) 951–5321

Fiscal Officer, VA Medical Center,University & Woodland Avenues,Philadelphia, PA 19104, (215) 951–5321

Fiscal Officer, Pittsburgh RegionalOffice, 1000 Liberty Avenue,Pittsburgh, PA 15222, (412) 644–4394Jurisdiction over all of the counties in

Pennsylvania that are not listed underthe Philadelphia Center (RegionalOffice) and jurisdiction over thefollowing counties in West Virginia:Brooke, Hancock, Marshall and Ohio.Fiscal Officer, Pittsburgh Medical

Center, Highland Drive, Pittsburg, PA15206, (412) 363–4900, ext. 4235

Fiscal Officer, Pittsburgh MedicalCenter, University Drive C, Pittsburgh,PA 15240, (412) 683–3000, ext. 675

Fiscal Officer, Wilkes-Barre MedicalCenter, 1111 East End Blvd., Wilkes-Barre, PA 18711, (717) 824–3521, ext.7211

Philippines

Manila Regional Office OutpatientClinic, and Manila Regional OfficeCenter,For either of the above, send to:

Director, Department of VeteransAffairs, APO, San Francisco, CA96528, 011–632–521–7116, ext. 2560

Puerto Rico

Raymon National Cemetery Area Office,Send to: Fiscal Officer, VA Center,GPO, Box 4867, San Juan, PR 00936,(890) 766–5115

Hato Regional Office, GPO Box 4867,San Juan, PR 00936, (809) 766–5115

Mayaguez Outpatient Clinic Substation,Send to: Fiscal Officer, VA Center,


GPO, Box 4867, San Juan, PR 00936,(809) 763–0275

Rio Piedras Medical and Regional OfficeCenter, Send to: Fiscal Officer, VACenter, GPO, Box 4867, San Juan, PR00936, (809) 758–7575, ext. 4953

Fiscal Officer, VA Medical Center, OneVeterans Plaza, San Juan, PR 00927–5800, (809) 766–5365 or (809) 766–5953

Rhode IslandFiscal Officer, Providence Regional

Office, 321 South Main Street,Providence, RI 02903, (401) 528–4439Jurisdiction over the following towns

and counties in Massachusetts: alltowns in Bristol County exceptMansfield and Easton, the towns ofLakeville, Middleboro, Carver,Rochester, Mattapoisett, Marion, andWareham in Plymouth County; and thecounties of Dukes, Nantucket andBarnstable.Fiscal Officer, Providence Medical

Center, Davis Park, Providence, RI02908, (401) 475–3019

South CarolinaBeaufort National Cemetery Area Office,

Send to: Fiscal Officer, VA MedicalCenter, 109 Bee Street, Charleston, SC29403, (803) 577–5011, ext. 222

Fiscal Officer, Charleston MedicalCenter, 109 Bee Street, Charleston, SC29403, (803) 577–5011 ext. 222

Fiscal Officer, Columbia RegionalOffice, 1801 Assembly Street,Columbia, SC 29201, (803) 765–5210

Fiscal Officer, Columbia MedicalCenter, Columbia, SC 29201, (803)776–4000, ext. 150

Florence National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Columbia, SC 29201, (803)776–4000, ext. 149

Greenville Outpatient Clinic Substation,Send to: Fiscal Officer, VA MedicalCenter, Columbia, SC 29201, (803)776–4000, ext. 149

South DakotaFort Meade National Cemetery Area

Office, Send to: Fiscal Officer, VAMedical Center, Fort Meade, SD57741, (605) 347–2511, ext. 272

Fiscal Officer, VA Medical Center, FortMeade, SD 57741, (605) 347–2511,ext. 272

Hot Springs National Cemetery AreaOffice, Fiscal Officer, VA MedicalCenter, Hot Springs, SD 57747, (605)745–4101, ext. 246

Fiscal Officer, Hot Springs MedicalCenter, Hot Springs, SD 57747, (605)745–4101

TennesseeChattanooga Outpatient Clinic

Substation, Send to: Fiscal Officer,

VA Medical Center, 1310 24thAvenue, South, Nashville, TN 37203,(615) 327–4651

Chattanooga National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Murfreesboro, TN37123, (615) 893–1360

Knoxville National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Mountain Home, TN37684, (615) 926–1171, ext. 7601

Knoxville Outpatient Clinic Substation,Send to: Fiscal Officer, VA MedicalCenter, 1320 24th Avenue, South,Nashville, TN 37203, (615) 327–4651,ext. 553

Madison National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, 1320 24th Avenue, South,Nashville, TN 37203, (615) 327–4651,ext. 553

Fiscal Officer, Memphis Medical Center,1030 Jefferson Avenue, Memphis, TN38104, (901) 523–8990, ext. 5050

Memphis National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 1030 JeffersonAvenue, Memphis, TN 38104, (901)523–8901, ext. 50

Fiscal Officer, Mountain Home MedicalCenter, Mountain Home, TN 37684,(615) 926–1171, ext. 7601

Mountain Home National CemeteryArea Office, Send to: Fiscal Officer,VA Medical Center, Mountain Home,TN 37684, (615) 926–1171

Fiscal Officer, Murfreesboro MedicalCenter, Murfreesboro, TN 37130, (615)893–1360 ext. 3198

Fiscal Officer, National Regional Office,110 Ninth Avenue South, Nashville,TN 37203, (615) 736–5352

Fiscal Officer, Medical Center, 131024th Avenue, South, Nashville, TN37212, (615) 327–4751, ext. 5147

Texas

Fiscal Officer, Amarillo Medical Center,6010 Amarillo Blvd. W., Amarillo, TX79106, (806) 355–9703, ext. 7370

Fiscal Officer, Austin Data ProcessingCenter, 1615 East Woodward Street,Austin, TX 78772, (512) 482–4028

Beaumont Outpatient Clinic Substation,Send to: Fiscal Officer, VA MedicalCenter, 2002 Holcombe Blvd.,Houston, TX 77211, (713) 795–7493

Fiscal Officer, Big Spring MedicalCenter, Big Spring, TX 79720, (915)263–7361, ext. 326

Fiscal Officer, Bonham Medical Center,East 96th & Lipscomb Street, Bonham,TX 75418, (218) 583–2111, ext. 240

Corpus Christi Outpatient ClinicSubstation, Send to: Fiscal Officer,VA Medical Center, 7400 MertonMinter Blvd., San Antonio, TX 78284,(512) 696–9660, ext. 5871

Fiscal Officer, Dallas Medical Center,4500 South Lancaster Road, Dallas,TX 75216, (214) 376–5451, ext. 5238

Dallas VA Office, Send to: FiscalOfficer, VA Regional Office, 1400North Valley Mills Drive, Waco, TX76799, (817) 757–6454

Fiscal Officer, El Paso Outpatient Clinic,5919 Brook Hollow Drive, El Paso, TX79925, (915) 579–7960

Fort Bliss National Cemetery AreaOffice, Send to: Fiscal Officer, VAOutpatient Clinic, 5919 Brook HollowDrive, El Paso, TX 79925, (915) 579–7960

Fiscal Officer, Houston Medical Center,2002 Holcombe Blvd., Houston, TX77211, (713) 795–7493

Fiscal Officer, Houston Regional Office,2515 Murworth Drive, Houston, TX77054, (713) 660–4121Jurisdiction over the country of

Mexico and the following counties inTexas: Angelina, Aransas, Atascosa,Austin, Bandera, Bee, Bexar, Blanco,Brazoria, Brewster, Brooks, Caldwell,Calhoun, Cameron, Chambers, Colorado,Comal, Crockett, DeWitt, Dimmitt,Duval, Edwards, Fort Bend, Frio,Galveston, Gillespie, Goliad, Gonzales,Grimes, Guadalupe, Hardin, Harris,Hays, Hidalgo, Houston, Jackson, Jasper,Jefferson, Jim Hogg, Jim Wells, Karnes,Kenndall, Kennedy, Kerr, Kimble,Kinney, Kleberg, LaSalle, Lavaca,Liberty, Live Oak, McCulloch,McMullen, Mason, Matagorda,Maverick, Medina, Menard,Montgomery, Necogdoches, Newton,Nueces, Orange, Pecos, Polk, Real,Refugio, Sabine, San Augustine, SanJacinto, San Patrico, Schleicher, Shelby,Starr, Sutton, Terrell, Trinity, Tyler, ValVerde, Victoria, Walker, Waller,Washington, Webb, Wharton, Willacy,Wilson, Zapata and Zavala.Houston National Cemetery Area Office,

Send to: Fiscal Officer, VA MedicalCenter, 2002 Holcombe Blvd.,Houston, TX 77211, (713) 795–7493

Fiscal Officer, Kerrville Medical Center,Kerrville, TX 78028, (512) 896–2020,ext. 300

Kerrville National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Kerrville, TX 78028, (512)896–2020, ext. 300

Lubbock VA Office, Send to: FiscalOfficer, VA Regional Office, 1400North Valley Mills Drive, Waco, TX76799, (817) 657–6464, ext. 635

Fiscal Officer, Lubbock OutpatientClinic, 1205 Texas Avenue, Lubbock,TX 79401, (806) 762–7209

Fiscal Officer, Marlin Medical Center,1016 Ward Street, Marlin, TX 76661,(817) 883–3511, ext. 224

McAllen Outpatient Clinic Substation,Send to: Fiscal Officer, VA Medical


Center, 7400 Merton Minter Blvd.,San Antonio, TX 78284, (512) 696–9660, ext. 5871

Fiscal Officer, San Antonio MedicalCenter, 7400 Merton Minter Blvd.,San Antonio, TX 78284, (512) 696–9660, ext. 5871

San Antonio VA Office, Send to: FiscalOfficer, VA Regional Office, 2515Murworth Drive, Houston, TX 77054,(713) 226–4185

San Antonio National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 7400 Merton MinterBlvd., San Antonio, TX 78284, (512)696–9660, ext. 5871

San Antonio National Cemetery AreaOffice, (Fort Sam Houston), Send to:Fiscal Officer, VA Medical Center,7400 Merton Minter Blvd., SanAntonio, TX 78284, (512) 696–9660,ext. 5871

Fiscal Officer, Temple Medical Center,Temple, TX 76501, (817) 778–4811

Fiscal Officer, Waco Regional Office,1400 North Valley Mills Drive, Waco,TX 76710, (817) 756–6454Jurisdiction over all counties in Texas

not listed under the Houston RegionalOffice.Fiscal Officer, Waco Medical Center,

Memorial Drive, Waco, TX 76703,(817) 752–6581

Waco Outpatient Clinic, Send to: FiscalOfficer, VA Medical Center, MemorialDrive, Waco, TX 76703, (817) 752–6581

Utah

Fiscal Officer, Salt Lake City RegionalOffice, 125 South State Street, SaltLake City, UT 84147, (801) 524–5361

Fiscal Officer, Salt Lake City MedicalCenter, 500 Foothill Blvd., Salt LakeCity, UT 85148, (810) 584–1213

Vermont

Fiscal Officer, White River Junction,Medical and Regional Office Center,White River Junction, VT 05001, (802)295–9363, ext. 1034

Virginia

Alexandria National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 50 Irving Street, NW.,Washington, DC 20422, (202) 745–8228

Culpeper National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Martinsburg, WV25401, (304) 263–0811, ext. 3176

Danville National Cemetery Area Office,Send to: Fiscal Officer, VA MedicalCenter, Salem, VA 24153, (703) 982–2463

Hopewell National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 1201 Broad Rock

Road, Richmond, VA 23249, (804)230–1304

Leesburg National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 50 Irving Street, NW.,Washington, DC 20422, (202) 745–8228

Mechanicsville National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 1201 Broad RockRoad, Richmond, VA 23249, (804)230–1304

Fiscal Officer, Hampton Medical Center,Hampton, VA 23667, (807) 722–9961

Hampton National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Hampton, VA 23667,(807) 722–9961

Quantico National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 50 Irving Street, NW.,Washington, DC 20422, (202) 745–8228

Fiscal Officer, Richmond MedicalCenter, 1201 Broad Rock Road,Richmond, VA 23249, (804) 230–1304

Richmond National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, 1201 Broad RockRoad, Richmond, VA 23249, (804)230–1304

Fiscal Officer, Roanoke Regional Office,210 Franklin Road, SW., Roanoke, VA24011, (703) 982–6116Jurisdiction over Fairfax and

Arlington Counties and the cities ofAlexandria, Fairfax, and Falls Church isallocated to the Washington, DCRegional Office.Fiscal Officer, Salem Medical Center,

Salem, VA 24153, (703) 982–2463Sandston National Cemetery Area

Office, Send to: Fiscal Officer, VAMedical Center, l201 Broad RockRoad, Richmond, VA 23249, (804)231–9011, ext. 205

Staunton National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Salem, VA 24135,(703) 982–2463

Winchester National Cemetery AreaOffice, Send to: Fiscal Officer, VAMedical Center, Martinsburg, WV25401, (304) 263–0811, ext. 3176

Washington

Fiscal Officer, American Lake MedicalCenter, Tacoma, WA 98493, (206)582–8440 ext. 6049

Fiscal Officer, Seattle Regional Office,915 Second Avenue, Seattle, WA98714, (206) 442–5025

Fiscal Officer, Seattle Medical Center,1160 S. Columbian Way, Seattle, WA98198, (206) 764–2226

Seattle Outpatient Clinic, Send to:Fiscal Officer, VA Medical Center,1160 S. Columbia Way, Seattle, WA98198, (206) 764–2226

Fiscal Officer, Spokane MedicalCenter—North, 4815 Assembly Street,Spokane, WA 99205, (509) 327–0283,ext. 286

Vancouver Medical Center, Send to:Fiscal Officer, VA Medical Center,3710 SW U.S. Veterans Hospital Road,Portland, OR 97201, (503) 220–8262,ext. 6948

West Virginia

Fiscal Officer, Beckley Medical Center,200 Veterans Avenue, Beckley, WV25801, (304) 255–2121, ext. 4174

Fiscal Officer, Clarksburg MedicalCenter, Clarksburg, WV 26301, (304)623–3461, ext. 3389

Grafton National Cemetery Area Office,Fiscal Officer, VA Medical Center,Clarksburg, WV 26301, (304) 623–3461, ext. 335

Fiscal Officer, Huntington RegionalOffice, 640 West Avenue, Huntington,WV 25701, (304) 529–5477Jurisdiction over the counties of

Brooke, Hancock, Marshall and Ohio isallocated to the Pittsburgh,Pennsylvania Regional Office.Fiscal Officer, Huntington Medical

Center, 1540 Spring Valley Drive,Huntington, WV 25704, (304) 429–6741, ext. 2422

Fiscal Officer, Martinsburg MedicalCenter, Martinsburg, WV 25401, (304)263–0811, ext. 3176

Wheeling Outpatient Clinic Substation,Fiscal Officer, VA Medical Center,University Drive C, Pittsburgh, PA15240, (412) 683–7675

Wisconsin

Fiscal Officer, Madison Medical Center,2500 Overlook Terrace, Madison, WI53705, (608) 262–7050

Fiscal Officer, Milwaukee (Wood)Regional Office, P.O. Box 6, Wood, WI53193, (414) 671–8121

Fiscal Officer, Tomah Medical Center,Tomah, WI 54660, (608) 372–1786

Fiscal Officer, VA Medical Center, 5000West National Avenue, Milwaukee,WI 53295, (414) 384–2000, ext. 2591

Wood National Cemetery Area Office,Fiscal Officer, VA Medical Center,5000 West National Avenue,Milwaukee, WI 53295, (414) 384–2000, ext. 2591

Wyoming

Fiscal Officer, Cheyenne Medical &Regional, Office Center, 2360 EastPershing Blvd., Cheyenne, WY 82001,(307) 778–7339

Fiscal Officer, Sheridan Medical Center,Sheridan, WY 82801, (307) 672–3473

II. Agencies

(Unless otherwise indicated below, allagencies of the executive branch shall


be subject to service of legal processbrought for the enforcement of anindividual’s obligation to provide childsupport and/or make alimony paymentswhere such service is sent by certifiedor registered mail, return receiptrequested, or by personal service, uponthe head of the agency.)

Arms Control & Disarmament Agency

General Counsel, Arms Control &Disarmament Agency, 320 21st Street,NW., Washington, DC 20451, (202)647–3596

Agency for International Development

For employees of the Agency forInternational Development and theTrade and Development Program:

Assistant General Counsel, forEmployee and Public Affairs (GC/EPA), Agency for InternationalDevelopment, 22nd and C Streets,NW., Room 6892, Washington, DC20523–0076, (202) 647–8218

Central Intelligence Agency

Office of Personnel, Attn: Chief, SpecialActivities Staff, Washington, DC20505, (703) 874–2268

Commission on Civil Rights

Solicitor, Commission on Civil Rights,624 9th Street, NW., Suite 632,Washington, DC 20425, (202) 376–8351

Commodity Futures TradingCommission

Director, Office of Personnel, 2033 KStreet, NW., Washington, DC 20581,(202) 254–3275

Consumer Product Safety Commission

(Mail Service), General Counsel,Consumer Product SafetyCommission, Washington, DC 20207–0001, (202) 504–0980

(Personal Service), General Counsel,Consumer Product SafetyCommission, 4330 East WestHighway, Room 700, Bethesda, MD20814–4408, (301) 504–0980

Environmental Protection Agency

Chief, Headquarters AccountingOperations Branch, FinancialManagement Division (3303),Environmental Protection Agency,401 M Street, SW., Washington, DC20460, (202) 260–5116

Export-Import Bank of the United States

General Counsel, Export-Import Bank ofthe United States, Room 947, 811Vermont Avenue, NW., Washington,DC 20571. (202) 566–8334

Equal Employment OpportunityCommission

Director, Financial ManagementDivision, United States EqualEmployment OpportunityCommission, 1801 L Street, NW.,Room 2002, Washington, DC 20507(202) 663–4224

Farm Credit Administration

Chief, Fiscal Management Division,Farm Credit Administration, 1501Farm Credit Drive, McLean, VA22102–5090, (703) 883–4122

Federal Deposit Insurance Corporation

Counsel, Federal Deposit InsuranceCorporation, 550 17th Street, NW.,Washington, DC 20429, (202) 898–3686

Federal Election Commission

Accounting Officer, Federal ElectionCommission, 999 E Street, NW.,Washington, DC 20463, (202) 376–5270

Federal Emergency Management Agency

Office of General counsel, General LawDivision, 500 C Street, SW.,Washington, DC 20472, (202) 646–4105

Federal Labor Relations Authority

Director of Personnel, Federal LaborRelations Authority, 607 14th Street,NW., Suite 430, Washington, DC20424, (202) 482–6690

Federal Maritime Commission

Director of Personnel or Deputy Directorof Personnel, Federal MaritimeCommission, 1100 L Street, NW.,Washington, DC 20573, (202) 523–5773

Federal Mediation and ConciliationService

General Counsel, Federal Mediation andConciliation Service, 2100 K Street,NW., Washington, DC 20427, (202)653–5305

Federal Retirement Thrift InvestmentBoard

Payments to Board employees:

Director of Administration, FederalRetirement Thrift Investment Board,1250 H Street, NW., Washington, DC20005, (202) 942–1670

Benefits from the Thrift Savings Fund:

General Counsel, Federal RetirementThrift Investment Board, 1250 HStreet, NW., Washington, DC 20005,(202) 942–1662

Federal Trade Commission

Garnishment orders for employees ofthe Federal Trade Commission shouldbe sent to:General Services Administration

Director, Kansas City FinanceDivision (6BC), 1500 East BannisterRoad, Room 1107, Kansas City, MO64131, (816) 926–7625

General Services Administration

1. Region 1 (Maine, Vermont, NewHampshire, Massachusetts,Connecticut):Regional Counsel, 10 Causeway Street,

Boston, MA 02222, (617) 835–58962. Region 2 (New York, New Jersey,

Puerto Rico, the Virgin, Islands):Regional Counsel, 26 Federal Plaza,

New York, NY 10007, (212) 264–83063. Region 3 (Pennsylvania, West

Virginia, Maryland, Virginia, less thegreater metropolitan area ofWashington, DC):Regional Counsel, Ninth and Market

Streets, Philadelphia, PA 19107, (215)597–1319,4. Region 4 (Kentucky, Tennessee,

North Carolina, Mississippi, Alabama,Georgia, South Carolina, Florida):Regional Counsel, R.B. Russell Federal

Building and U.S. Courthouse, 75Spring Street, SW., Atlanta, GA30303, (404) 331–09155. Region 5 (Minnesota, Wisconsin,

Illinois, Indiana, Michigan, Ohio):Regional Counsel, 230 South Dearborn

Street, Chicago, IL 60604, (312) 353–5392

6. Region 6 (Nebraska, Iowa, Kansas,Missouri):

Regional Counsel, 1500 E. BannisterRoad, Kansas City, MO 64131, (816)926–7212

7. Region 7 (New Mexico, Texas,Oklahoma, Arkansas, Louisiana):

Regional Counsel, 819 Taylor Street,Fort Worth, TX 76102, (817) 334–23258. Region 8 (Montana, North Dakota,

South Dakota, Wyoming, Utah,Colorado):Regional Counsel, Building 41, Denver

Federal Center, Denver, CO 80225,(303) 776–7352,9. Region 9 (California, Nevada,

Arizona, Hawaii, Guam):Regional Counsel, 525 Market Street,

San Francisco, CA 94105, (415) 744–5057,10. Region 10 (Washington, Oregon,

Idaho, Alaska):Regional Counsel, GSA Center, Auburn,

WA 98002, (206) 396–7007,


11. Greater metropolitan area ofWashington, DC, (includes parts ofMaryland and Virginia):Regional Counsel, 7th & D Streets, NW.,

Washington, DC 20547, (202) 708–5155,

Institute of PeacePersonnel & Benefits Manager, 1550 M

Street, NW., Suite 700, Washington,DC 20005

International Trade CommissionDirector, Office of Administration, 500 E

Street, SW., Room 212, Washington,DC 20436, (202) 205–3131

Interstate Commerce CommissionChief, Budget and Fiscal Office,

Interstate Commerce Commission,12th and Constitution Avenue, NW.,Washington, DC 20423, (202) 927–5827

Merit Systems Protection BoardDirector, Office of Administration, Merit

Systems Protection Board, 1120Vermont Avenue, NW., Washington,DC 20419, (202) 653–5805

National Aeronautics and SpaceAdministration

NASA HeadquartersAssociate General Counsel (General),

Attention: SN Code GG, NASAHeadquarters, 400 Maryland Avenue,SW., Washington, DC 20546, (202)453–2465

NASA Field InstallationsChief Counsel, Ames Research Center,

Moffett Field, CA 94035, (415) 694–5055

Chief Counsel, Dryden Flight ResearchCenter, Edwards, CA 93523, (805)258–2827

Chief Counsel, Goddard Space FlightCenter (including Wallops FlightCenter), Greenbelt, MD 20771, (301)286–9181

Chief Counsel, Johnson Space Center,Houston, TX 77058, (713) 483–3021

Chief Counsel, Kennedy Space Center,Kennedy Space Center, FL 32899,(407) 867–2550

Chief Counsel, Langley Research Center,Hampton, VA 23665, (804) 864–3221

Chief Counsel, Lewis Research Center,Cleveland, OH 44135, (216) 433–2318

Chief Counsel, Marshall Space FlightCenter, Marshall Space Flight Center,AL 35812, (205) 544–0012

Chief Counsel, John C. Stennis SpaceCenter, Stennis Space Center, MS39529–6000, (601) 688–2164

National Archives and RecordsAdministrationGeneral Counsel (NSL), Room 305

Archives Building, National Archives

and Records Administration, 7th andPennsylvania Avenue, NW.,Washington, DC 20408, (202) 501–5535

National Capital Planning Commission

Administrative Officer, National CapitalPlanning Commission, 1325 G Street,NW., Washington, DC 20576, (202)724–0170

National Credit Union Administration

Director, Division of Personnel, NationalCredit Union Administration, 1776 GStreet, NW., Washington, DC 20456,(202) 357–1156

National Endowment for the Arts

General Counsel, National Endowmentfor the Arts, 1100 PennsylvaniaAvenue, NW., Room 522, Washington,DC 20506, (202) 682–5418

National Endowment for the Humanities

General Counsel, National Endowmentfor the Humanities, Room 530, OldPost Office, 1100 PennsylvaniaAvenue, NW., Washington, DC 20506,(202) 786–0322

National Labor Relations Board

Director of Personnel, National LaborRelations Board, 1099 14th Street,NW., Room 6700, Washington, DC20570–0001, (202) 273–3904

National Mediation Board

Administrative Officer, NationalMediation Board, 1301 K Street, NW.,Suite 250 East, Washington, DC20572, (202) 523–5950

National Railroad Adjustment Board

Staff Director/Grievances, NationalRailroad Adjustment Board, 175 WestJackson Boulevard, Chicago, IL 60604,(312) 886–7300

National Science Foundation

General Counsel, National ScienceFoundation, 1800 G Street,NW.,Washington, DC 20550, (202)634–4266

National Security Agency

General Counsel, National SecurityAgency, 9800 Savage Road, Ft. Meade,MD 20755–6000, (301) 688–6054

National Transportation Safety Board

Director, Personnel and TrainingDivision, National TransportationSafety Board, 800 IndependenceAvenue, SW., Washington, DC 20594,ATTN: AD–30, (202) 382–6718

Navajo and Hopi Indian RelocationCommission

Attorney, Navajo and Hopi IndianRelocation Commission, 201 East

Birch, Room 11, P.O. Box KK,Flagstaff, AZ 86002, (602) 779–2721

Nuclear Regulatory Commission

Controller, Nuclear RegulatoryCommission, Washington, DC 20555,(301) 492–4750

Office of Personnel Management

Payments to OPM employees:General Counsel, Office of Personnel

Management, 1900 E Street, NW.,Washington, DC 20415, (202) 606–1980Payments of retirement benefits under

the Civil Service Retirement System andthe Federal Employees RetirementSystem:Associate Director for Retirement and

Insurance, Office of PersonnelManagement, Court Order BenefitSection, P.O. Box 17, Washington, DC20044, (202) 606–0218

Overseas Private InvestmentCorporation

Director of Personnel, Overseas PrivateInvestment Corporation, 1615 MStreet, NW., Washington, DC 20527,(202) 457–7082

Panama Canal Commission

Director, Office of ExecutiveAdministration, Panama CanalCommission, Unit 2300, APO AA34011–2300, 52–3519

Pension Benefit Guaranty Corporation

General Counsel or Deputy GeneralCounsel, Pension Benefit GuarantyCorporation, 2020 K Street, NW.,Washington, DC 20006, (202) 778–8820

Railroad Retirement Board

Deputy General Counsel, RailroadRetirement Board, 844 North RushStreet, Chicago, IL 60611, (312) 751–4935

Securities and Exchange Commission

Branch Chief, Fiscal Operations, Officeof the Comptroller, Securities andExchange Commission, 450 FifthStreet, NW., Washington, DC 20549,(202) 942–0349

Selective Service System

General Counsel, Selective ServiceSystem, 1515 Wilson Boulevard,Arlington, VA 22209–2425, (703)235–2050

Small Business Administration

District Director, Birmingham DistrictOffice, 908 South 20th Street,Birmingham, AL 35205, (205) 254–1344


District Director, Anchorage DistrictOffice, 1016 West 6th Avenue,Anchorage, AK 99501, (907) 271–4022

District Director, Phoenix DistrictOffice, 3030 North Central Avenue,Phoenix, AZ 85012, (602) 261–3611

District Director, Little Rock DistrictOffice, 611 Gaines Street, Little Rock,AR 72201, (501) 378–5871

District Director, Los Angeles DistrictOffice, 350 S. Figueroa Street, LosAngeles, CA 90071, (213) 688–2956

District Director, San Diego DistrictOffice, 880 Front Street, San Diego,CA 92188, (714) 291–5440

District Director, San Francisco DistrictOffice, 211 Main Street, SanFrancisco, CA 94105, (415) 556–7490

District Director, Denver District Office,721 19th Street, Denver, CO 80202,(303) 837–2607

District Director, Hartford DistrictOffice, One Financial Plaza, Hartford,CT 06106, (203) 244–3600

District Director, Washington DistrictOffice, 1030 15th Street, NW.,Washington DC 20417, (202) 655–4000

District Director, Jacksonville DistrictOffice, 400 West Bay Street,Jacksonville, FL 32202, (904) 791–3782

District Director, Miami District Office,222 Ponce De Leon Blvd., CoralGables, FL 33134, (305) 350–5521

District Director, Atlanta District Office,1720 Peachtree Street, NW., Atlanta,GA 30309, (404) 347–2441

District Director, Honolulu DistrictOffice, 300 Ala Moana, Honolulu, HI96850, (808) 546–8950

District Director, Boise District Office,1005 Main Street, Boise, ID 83701,(208) 384–1096

District Director, Des Moines DistrictOffice, 210 Walnut Street, DesMoines, IA 50309, (515) 284–4433

District Director, Chicago District Office,219 South Dearborn Street, Chicago,IL 60604, (312) 353–4528

District Director, Indianapolis DistrictOffice, 575 N. Pennsylvania Street,Indianapolis, IN 46204, (317) 269–7272

District Director, Wichita District Office,110 East Waterman Street, Wichita,KS 67202, (316) 267–6571

District Director, Louisville DistrictOffice, 600 Federal Place, Louisville,KY 40201, (502) 582–5978

District Director, New Orleans DistrictOffice, 1001 Howard Avenue, NewOrleans, LA 70113, (504) 589–6685

District Director, Augusta DistrictOffice, 40 Western Avenue, Augusta,ME 04330, (207) 622–6171

District Director, Baltimore DistrictOffice, 8600 LaSalle Road, Towson,MD 21204, (301) 862–4392

District Director, Boston District Office,150 Causeway Street, Boston, MS02114, (617) 223–2100

District Director, Detroit District, 477Michigan Avenue, Detroit, MI 48116,(313) 226–6075

District Director, Minneapolis DistrictOffice, 12 South 6th Street,Minneapolis, MN 55402, (612) 725–2362

District Director, Jackson District Office,100 West Capitol Street, Jackson, MS39201, (601) 969–4371

District Director, Kansas City DistrictOffice, 1150 Grande Avenue, KansasCity, MO 64106, (816) 374–3416

District Director, St. Louis DistrictOffice, One Mercantile Center, St.Louis, MO 63101, (314) 425–4191

District Director, Helena District Office,301 South Park Avenue, Helena, MT59601, (406) 449–5381

District Director, Omaha District Office,19th & Farnum Street, Omaha, NE68102, (404) 221–4691

District Director, Las Vegas DistrictOffice, 301 East Stewart, Las Vegas,NV 89101, (702) 385–6611

District Director, Concord DistrictOffice, 55 Pleasant Street, Concord,NH 03301, (603) 224–4041

District Director, Newark District Office,970 Broad Street, Newark, NJ 07102,(201) 645–2434

District Director, Albuquerque DistrictOffice, 5000 Marble Avenue, NE.,Albuquerque, NM 87110, (505) 766–3430

District Director, New York DistrictOffice, 26 Federal Plaza, New York,NY 10007, (212) 264–4355

District Director, Syracuse DistrictOffice, 100 South Clinton Street,Syracuse, NY 13260, (315) 423–5383

District Director, Charlotte DistrictOffice, 230 South Tryon Street,Charlotte, NC 28202, (704) 371–6111

District Director, Fargo District Office,657 2nd Avenue, North, Fargo, ND58108, (701) 237–5771

District Director, Sioux Falls DistrictOffice, 101 South Main Avenue,Sioux Falls, SD 57102, (605) 336–2980

District Director, Cleveland DistrictOffice, 1240 East 9th Street,Cleveland, OH 44199, (216) 522–4180

District Director, Columbus DistrictOffice, 85 Marconi Boulevard,Columbus, OH 43215, (614) 469–6860

District Director, Oklahoma City DistrictOffice, 200 NW. 5th Street, OklahomaCity, OK 73102, (405) 231–4301

District Director, Portland DistrictOffice, 1220 SW. Third Avenue,Portland, OR 97204, (503) 221–2682

District Director, Philadelphia DistrictOffice, 231 St. Asaphs Road, BalaCynwyd, PA 19004, (215) 597–3311

District Director, Pittsburgh DistrictOffice, 1000 Liberty Avenue,Pittsburgh, PA 15222, (412) 644–2780

District Director, Hato Rey DistrictOffice, Chardon & Bolivia Streets,Hato Rey, PR 00918, (809) 753–4572

District Director, Providence DistrictOffice, 57 Eddy Street, Providence, RI02903, (401) 528–4580

District Director, Columbia DistrictOffice, 1835 Assembly Street,Columbia, SC 29201, (803) 765–5376

District Director, Nashville DistrictOffice, 404 James Robertson Parkway,Nashville, TN 37219, (615) 251–5881

District Director, Dallas District Office,1100 Commerce Street, Dallas, TX75242, (214) 767–0605

District Director, Houston DistrictOffice, 500 Dallas Street, Houston, TX77002, (713) 226–4341

District Director, Lower Rio GrandeValley District Office, 222 East VanBuren Street, Harlingen, TX 78550,(512) 423–4534

District Director, Lubbock DistrictOffice, 1205 Texas Avenue, Lubbock,TX 79401, (806) 762–7466

District Director, San Antonio DistrictOffice, 727 East Durango Street, SanAntonio, TX 78206, (512) 229–6250

District Director, Salt Lake City DistrictOffice, 125 South State Street, SaltLake City, UT 84138, (314) 425–5800

District Director, Montpelier DistrictOffice, 87 State Street, Montpelier, VT05602, (802) 229–0538

District Director, Richmond DistrictOffice, 400 North 8th Street,Richmond, VA 23240, (804) 782–2617

District Director, Seattle District Office,915 Second Avenue, Seattle, WA98174, (206) 442–5534

District Director, Spokane DistrictOffice, West 920 Riverside Avenue,Spokane, WA 99210, (509) 456–5310

District Director, Clarksburg DistrictOffice, 109 North 3rd Street,Clarksburg, WV 26301, (304) 623–5631

District Director, Madison DistrictOffice, 212 East Washington Avenue,Madison, WI 53703, (608) 264–5261

District Director, Casper District Office,100 East B Street, Casper, WY 82602,(307) 265–5266

Tennessee Valley Authority

Payments to TVA employees:Chairman, Board of Directors,

Tennessee Valley Authority, 400 WestSummit Hill Drive, Knoxville, TN37902, (615) 632–2101Payments of retirement benefits under

the TVA Retirement System:Chairman, Board of Directors, TVA

Retirement System, 500 West SummitHill Drive, Knoxville, TN 37902, (615)632–0202


United States Information Agency

Counsel, U.S. Information Agency, 3014th Street, SW., Washington, DC20547, (202) 485–7976

United States Soldiers’ & Airmen’sHome

Chief, Employee Management Branch,United States Soldiers’ and Airmen’sHome, Box 1200, 3700 North CapitolStreet, NW., Washington, DC 20317,(202) 722–3425

III. United States Postal Service andPostal Rate Commission, United StatesPostal Service and Postal RateCommission

Manager, Payroll Processing Branch, 1Federal Drive, Ft. Snelling, MN55111–9650, (612) 293–6300

IV. The District of Columbia, AmericanSamoa, Guam, and the Virgin Islands

The District of ColumbiaAssistant City Administrator for

Financial Management, The DistrictBuilding, Room 412, 14th andPennsylvania Avenue, NW,Washington, DC 20004, (202) 727–6979

American SamoaDirector of Administrative Service,

American Samoa Government, PagoPago, American Samoa 96799, (684)633–4155

GuamAttorney General, P.O. Box DA, Agana,

Guam 96910, 472–6841 (CountryCode 671)

The Virgin IslandsAttorney General, P.O. Box 280, St.

Thomas, VI 00801, (809) 774–1163

V. Instrumentality

Smithsonian Institution

For service of process in garnishmentproceedings for child support and/oralimony of present SmithsonianInstitution employees:General Counsel, The Smithsonian

Institution, MRC 012, 1000 JeffersonDrive, SW, Washington, DC 20560,(202) 357–2583For service of process in garnishment

proceedings for child support and/oralimony involving retirement annuitiesof former trust fund employees of theSmithsonian Institution:General Counsel, Teachers Insurance

and Annuity Association of America,College Retirement Equity Fund(TIAA/CREF), 730 Third Avenue,New York, NY 10017, (212) 490–9000

[FR Doc. 95–1781 Filed 1–24–95; 8:45 am]BILLING CODE 6325–01–U

fede

ral r

egiste

r

5065


Part VI

Department of theInteriorFish and Wildlife Service

50 CFR Part 32Opening of Humboldt Bay NationalWildlife Refuge to Sport Fishing; FinalRule


DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018–AC93

Opening of Humboldt Bay NationalWildlife Refuge to Sport Fishing

AGENCY: Fish and Wildlife Service,Interior.ACTION: Final rule.

SUMMARY: The U.S. Fish and WildlifeService (Service) opens Humboldt BayNational Wildlife Refuge in California tosport fishing and provides pertinentrefuge-specific regulations for suchactivity. The Service has determinedthat such use will be compatible withthe purposes for which the refuge wasestablished. The Service has furtherdetermined that this action is inaccordance with the provisions of allapplicable laws, is consistent withprinciples of sound wildlifemanagement, and is otherwise in thepublic interest by providing additionalrecreational opportunities of arenewable natural resource.EFFECTIVE DATE: The effective date ofthis rule is February 24, 1995.ADDRESSES: Assistant Director—Refugesand Wildlife, U.S. Fish and WildlifeService, 1849 C Street, NW., MS 670ARLSQ, Washington, DC 20240.FOR FURTHER INFORMATION CONTACT:Duncan L. Brown, Esq., at the addressabove; Telephone: 703–358–1744.SUPPLEMENTARY INFORMATION: Nationalwildlife refuges are generally closed tohunting and sport fishing until openedby rulemaking. The Secretary of theInterior (Secretary) may open refugeareas to hunting and/or fishing upon adetermination that such uses arecompatible with the purpose(s) forwhich the refuge was established, andthat funds are available fordevelopment, operation, andmaintenance of a hunting or fishingprogram. The action must also be inaccordance with provisions of all lawsapplicable to the areas, must beconsistent with the principles of soundwildlife management, and mustotherwise be in the public interest. Thisrulemaking opens Humboldt BayNational Wildlife Refuge in Loleta,California, to sport fishing.

Request for Comments

A proposed rule was published onNovember 3, 1994, (59 FR 55074) andpublic comments were solicited. Nocomments were received.

Statutory Authority

The National Wildlife Refuge SystemAdministration Act of 1966, as amended(NWRSAA) (16 U.S.C. 668dd), and theRefuge Recreation Act of 1962 (RRA) (16U.S.C. 460k) govern the administrationand public use of national wildliferefuges. Specifically, Section 4(d)(1)(A)of the NWRSAA authorizes theSecretary to permit the use of any areaswithin the National Wildlife RefugeSystem (Refuge System) for anypurpose, including but not limited tohunting, fishing, public recreation andaccommodations, and access, when hedetermines that such uses arecompatible with the purposes for whicheach refuge was established. TheService administers the Refuge Systemon behalf of the Secretary. The RRAgives the Secretary additional authorityto administer refuge areas within theRefuge System for public recreation asan appropriate incidental or secondaryuse only to the extent that it ispracticable and not inconsistent withthe primary purposes for which therefuges were established. In addition,prior to opening refuges and allowingrecreational uses not directly related tothe purposes and functions for which anarea was established, the Secretary isrequired to determine that funds areavailable for the development,operation, and maintenance of thepermitted forms of recreation.

Opening Package

In preparation for this opening, therefuge unit has included in its‘‘openings package’’ for Regional reviewand approval from the WashingtonOffice the following documents: Afishing plan; an environmentalassessment; a compatibilitydetermination; a Finding of NoSignificant Impact (FONSI); a Section 7evaluation or statement, pursuant to theEndangered Species Act, that thisopening will have no effect on a listedspecies or critical habitat; a letter ofconcurrence from the affected States;and refuge-specific regulations toadminister the fishing program. From areview of the totality of thesedocuments, the Secretary hasdetermined that the opening ofHumboldt Bay National Wildlife Refugeto sport fishing is compatible with theprinciples of sound wildlifemanagement and will otherwise be inthe public interest.

In accordance with the NWRSAA andthe RRA, the Secretary has alsodetermined that this opening for sportfishing is compatible and consistentwith the primary purposes for which therefuge was established, and that funds

are available to administer theprograms. A brief description of thefishing program is as follows:

Humboldt Bay National Wildlife RefugeHumboldt Bay National Wildlife

Refuge was established by authority ofthe Migratory Bird Conservation Act ofFebruary 18, 1929 (45 Stat. 1222), asamended, and the Migratory BirdHunting and Conservation Stamp Act ofMarch 16, 1934, as amended. The refugeis a part of the San Francisco BayNational Wildlife Refuge Complex, buthas a full-time project leader and staff.The purposes of the refuge are (1) foruse as an inviolate sanctuary, or for anyother management purpose, formigratory birds; (2) for suitableincidental fish and wildlife-orientedrecreational development; (3) theprotection of natural resources; and (4)conservation of endangered species orthreatened species.

Humboldt Bay is situated 280 milesnorth of San Francisco and 85 milessouth of the Oregon border. HumboldtBay lies on a narrow coastal plain. It isa natural land-locked harbor 1⁄2 to 4miles wide and 14 miles long, separatedfrom the ocean by well-developedcoastal dunes and a sand beach.Humboldt Bay is a vital link in thecoastal section of the Pacific Flyway formigratory waterfowl, shorebirds, andother waterbirds.

Sport fishing in Humboldt Bay is apopular form of recreation. Wellestablished fisheries for perch, smelt,salmon, rockfish, crabs and clamsprovide for local enthusiasts as well astourists. Declines in salmon stocks onthe north coast have resulted in sharplyreduced seasons and shifts in fishingeffort to other species. Fisheries gainingrapidly in popularity are dungeness crab(Cancer magister), leopard shark (Triakissemifasciata), California halibut(Paralichthys californicus), and variousclams. Sport fishing within the bayaccounts for more than 30,000 angler-days each year. Most of the fishing inSouth Humboldt Bay occurs on theSouth Jetty and at Buhne’s Point.

Public sport fishing will be permittedon navigable waters of Humboldt Baythat fall within the existing refugeboundary. Most fishing in HumboldtBay will occur from boats on thenavigable waters. Fishing will also bepermitted from the outer levee ofHookton Slough, west of the designatedparking lot. The non-tidally influencedareas (levees and seasonal wetlands)will be closed to fishing to providedisturbance-free resting and foragingareas for migratory birds. Anglers willbe monitored on an opportunistic basisto determine if any wildlife disturbance


is occurring. Fishing will be permittedwithin the framework of applicableState and Federal regulations. TheCalifornia Department of Fish and Gamewill be consulted if any changes areplanned in the refuge fishing program.

Opening the refuge to sport fishinghas been found to be compatible in aseparate compatibility determination.This determination noted time and zonerestrictions. A Section 7 evaluationpursuant to the Endangered Species Actwas conducted, and it was determinedthat the proposed action would notadversely affect any Federally listed orproposed for listing threatened orendangered species or their criticalhabitats. Pursuant to the NationalEnvironmental Policy Act (NEPA), anenvironmental assessment was madeand a Finding of No Significant Impact(FONSI) was made regarding the fishingprogram. Numerous contacts were madethroughout the area of the refugesoliciting comments on the proposedfishing plan. The California Departmentof Fish and Game concurs and fullysupports the regulated sport fishingprogram proposed at the refuge.

The Service has determined that therewould be sufficient funds to administerthe fishing program pursuant to therequirements of the Refuge RecreationAct. The cost of establishing andmanaging the fishing program will beminimal, and will consist primarily ofposting and maintaining ‘‘PublicFishing Area’’ signs and includingfishing information in the refugebrochure. There are necessary fundswithin the annual budget of the SanFrancisco Bay National Wildlife RefugeComplex for this work. There will be nofacilities developed or managedspecifically for the use of anglers.


The information collectionrequirements for part 32 are found in 50CFR part 25 and have been approved bythe Office of Management and Budgetunder 44 U.S.C. 3501 et seq. andassigned clearance number 1018–0014.The information is being collected toassist the Service in administering theseprograms in accordance with statutory

authorities which require thatrecreational uses be compatible with theprimary purposes for which the areaswere established. The informationrequested in the application form isrequired to obtain a benefit.

The public reporting burden for theapplication form is estimated to averagesix (6) minutes per response, includingtime for reviewing instructions,gathering and maintaining data, andcompleting the form. Direct commentson the burden estimate or any otheraspect of this form to the ServiceInformation Collection Officer, U.S. Fishand Wildlife Service, 1849 C Street,NW., MS 224 ARLSQ, Washington, DC20240; and the Office of Managementand Budget, Paperwork ReductionProject (1018–0014), Washington, DC20503.

Economic EffectThis rulemaking was not subject to

Office of Management and Budgetreview under Executive Order 12866. Inaddition, a review under the RegulatoryFlexibility Act of 1980 (5 U.S.C. 601 etseq.) has revealed that the rulemakingwould not have a significant effect on asubstantial number of small entities,which include businesses, organizationsor governmental jurisdictions. This finalrule will have minimal effect on suchentities.

FederalismThis final rule will not have

substantial direct effects on the States,on the relationship between the nationalgovernment and the States, or on thedistribution of power andresponsibilities among the variouslevels of government. Therefore, inaccordance with Executive Order 12612,it is determined that this rule does nothave sufficient Federalism implicationsto warrant the preparation of aFederalism Assessment.

Environmental ConsiderationsPursuant to the requirements of

section 102(2)(C) of the NationalEnvironmental Policy Act of 1969 (42U.S.C. 4332(2)(C)), an environmentalassessment has been prepared for thisopening. Based upon the Environmental

Assessments, the Service issued aFinding of No Significant Impact withrespect to the opening. A Section 7evaluation was prepared pursuant to theEndangered Species Act with a findingthat this action would have no effect onany identified threatened or endangeredspecies.

Primary Author

Duncan L. Brown, Esq., Division ofRefuges, U.S. Fish and Wildlife Service,Washington, DC, is the primary authorof this rulemaking document.


Fishing, Hunting, Reporting andrecordkeeping requirements, Wildlife,Wildlife refuges.

Accordingly, part 32 of chapter I ofTitle 50 of the Code of FederalRegulations is amended as set forthbelow:

PART 32—[AMENDED]


Authority: 5 U.S.C. 301; 16 U.S.C. 460k,664, 668dd, and 715i.

2. Section 32.24 California isamended by adding text to paragraph D.of Humboldt Bay National WildlifeRefuge to read as follows:

§ 32.24 California.

* * * * *

Humboldt Bay National Wildlife Refuge

* * * * *D. Sport Fishing. Fishing is permitted

on designated areas of the refuge subjectto the following conditions:

1. Fishing from the designatedshoreline trail along Hookton Slough ispermitted during daylight hours only.

2. Only the use of pole and line or rodand reel is permitted from the HooktonSlough Shoreline trail fishing area.* * * * *

Dated: January 16, 1995.George T. Frampton, Jr.,Assistant Secretary for Fish and Wildlife andParks.[FR Doc. 95–1795 Filed 1–24–95; 8:45 am]BILLING CODE 4310–55–P

fede

ral r

egiste

r

5069


Part VII

Office ofManagement andBudgetCumulative Report on Rescissions andDeferrals; Notice


OFFICE OF MANAGEMENT ANDBUDGET

Cumulative Report on Rescissions andDeferrals

January 1, 1995.This report is submitted in fulfillment

of the requirement of Section 1014(e) ofthe Congressional Budget andImpoundment Control Act of 1974 (Pub.L. 93–344). Section 1014(e) requires amonthly report listing all budgetauthority for the current fiscal year forwhich, as of the first day of the month,a special message had been transmittedto Congress.

This report gives the status, as ofJanuary 1, 1995, of seven deferralscontained in two special messages forFY 1995. These messages weretransmitted to Congress on October 18,and December 13, 1994.

Rescissions

As of January 1, 1995, no rescissionproposals were pending before theCongress.

Deferrals (Table A and Attachment A)

As of January 1, 1995, $2,714.8million in budget authority was beingdeferred from obligation. Attachment Ashows the status of each deferralreported during FY 1995.

Information From Special Messages

The special messages containinginformation on the deferrals that arecovered by this cumulative report areprinted in the Federal Register citedbelow:

59 FR 54066, Thursday, October 27,1994

59 FR 67108, Wednesday, December 28,1994

Alice M. Rivlin,Director.

TABLE A.—STATUS OF FY 1995DEFERRALS

[In millions of dollars]

Budgetaryresources

Deferrals proposed by thePresident ............................... 4,699.1

Routine Executive releasesthrough January 1, 1995 ....... ¥1,984.3

Overturned by the Congress .... ...................

Currently before the Con-gress .............................. 2,714.8



[FR Doc. 95–1848 Filed 1–24–95; 8:45 am]BILLING CODE 3110–01–C

fede

ral r

egiste

r

5073


Part VIII

Department ofTransportationFederal Aviation Administration

14 CFR Parts 1, 11, and 121Public Aircraft Definition and ExemptionAuthority; Final Rule




14 CFR Parts 1, 11, and 121

[Docket No. 28060; Amdt. No. 1–39, 11–38;SFAR 38–2]

RIN 2120–AF59

Public Aircraft Definition andExemption Authority

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

SUMMARY: This rule amends the FederalAviation Regulations to reflect statutorychanges in the definition of publicaircraft and the FAA Administrator’snew authority to grant exemptions fromstatutory requirements, under certainconditions, to units of Federal, state,and local government for operations ofgovernment-owned aircraft. This rule isnecessary to implement the Airport andAirway Improvement Act Amendmentsof 1987 and Independent Safety BoardAct Amendments of 1994.DATES: This final rule is effective April23, 1995. Comments must be submittedon or before February 24, 1995.ADDRESSES: Send comments induplicate to: Federal AviationAdministration, Office of the ChiefCounsel, ATTN: Rules Docket (AGC–200), Docket No. 28060, 800Independence Avenue SW.,Washington, DC 20591.FOR FURTHER INFORMATION CONTACT:David Catey, (AFS–220), (202) 267–8094, 800 Independence Avenue SW.,Washington, DC 20591.SUPPLEMENTARY INFORMATION: OnDecember 30, 1987, and October 25,1994, the President signed into law theAirport and Airway Improvement ActAmendments of 1987 and theIndependent Safety Board ActAmendments of 1994, respectively, eachof which changed the statutorydefinition of the term ‘‘public aircraft.’’Public aircraft are exempt from manyFAA regulations.

Under the 1987 Amendment, anaircraft leased by a government, otherthan the Federal Government, remains acivil aircraft unless the lease isexclusively for the use of thatgovernment for not less than 90continuous days. Under the 1994Amendments, many aircraft previouslyconsidered public aircraft will besubject to FAA safety regulations on theeffective date of those amendments. Forexample, when the change in thedefinition enacted by the 1994

Amendment becomes effective,government-owned aircraft used totransport passengers will, except inlimited circumstances, no longer beconsidered public aircraft. Therefore,the operators of such aircraft will haveto meet civil aircraft requirements,including those for certification,maintenance, and training, unless theyqualify for narrowly definedexemptions. Aircraft operated by theArmed Forces and intelligence agencies,however, will retain their public aircraftstatus unless operated for a commercialpurpose.

Although the 1994 Amendment givesthe FAA Administrator certain authorityto grant exemptions to ‘‘units ofgovernment’’ from the statutoryrequirements applicable to civil aircraft,the agency expects to invoke thatexemption authority only when thepublic interest clearly demands it. Toobtain an exemption under the statute,a unit of government must show thatgranting the exemption is necessary ‘‘toprevent an undue economic burden onthe unit of government,’’ and that theaviation safety program of the unit ofgovernment is ‘‘effective andappropriate to ensure safe operations ofthe type of aircraft operated by the unitof government.’’ In acting on anyexemption request the FAA will assessthe safety of the operation in question.The FAA is developing guidance in theform of an advisory circular for use inthis process. It should be noted that, itis unlikely that the FAA will be able togrant exemptions from type certificationand airworthiness requirements foraircraft that have no history of civilcertification.

In a notice published in the FederalRegister on August 1, 1994, (59 FR39192) the FAA invited comment on thequestion whether intergovernmentalreimbursement for the use ofgovernment-owned aircraft prevents theaircraft involved from meeting thedefinition of public aircraft and,therefore, requires compliance with allsafety regulations applicable to civilaircraft. That issue has been clarified bythe 1994 Amendment, and the FAA willnot be taking further action on thatNotice.

As to whether public aircraft status islost when one government reimbursesanother for the use of its aircraft, underthe 1994 Amendment, if there is costreimbursement, the aircraft will be civilaircraft unless the appropriate unit ofgovernment certifies ‘‘that the operationwas necessary to respond to asignificant and imminent threat to lifeor property,’’ and ‘‘that no service by aprivate operator was reasonablyavailable to meet the threat.’’

To implement both the 1987 and 1994Amendments, this rule amends thedefinition of ‘‘public aircraft’’ in 14 CFRpart 1. This rule also amends 14 CFRpart 11 to reflect the Administrator’snew statutory exemption authorityconcerning government-owned aircraft.While the Administrator’s exemptionauthority in the past has been limited toexemptions from rules rather than fromstatutes, in this case Congress grantedthe Administrator the authority to grantexemptions from the statute—specifically, ‘‘from any requirement ofpart A of subtitle VII of title 49, UnitedStates Code.’’ Pub. L. 103–411. As aresult, this rule modifies Section11.25(b)(3) to include exemptions, forgovernment-owned aircraft only, fromstatutes as well as from rules.

One final conforming change to theregulations is in the applicabilitysection of SFAR No. 38–2, entitled‘‘Certification and OperatingRequirements.’’ In its present form, theapplicability section provides that:‘‘This Special Federal AviationRegulation applies to personsconducting commercial passengeroperations, cargo operations, or both* * *.’’ This rule adds the words‘‘operating civil aircraft in’’ to theapplicability statement. The new lawpermits some public aircraft operationsfor which compensation is received.This change is necessary to assure thatregulations intended only forapplication to civil aircraft are notinadvertently applied to public aircraftwhen public aircraft are permitted to beoperated for compensation or hire.

Good Cause for Immediate AdoptionThe FAA finds that notice and public

comment on this rulemaking areunnecessary. This final rule is intendedmerely to conform the regulations to thestatute. It is, in essence, a technicalamendment that involves no exercise ofagency discretion. The FAA is simplychanging the rules to reflect, as closelyas possible, the new statutory language.As a result, the agency for good causefinds that ‘‘notice and public procedurethereon’’ are unnecessary with themeaning of 5 U.S.C. 553(b)(B) of theAdministrative Procedure Act.Individuals will have an opportunity tosubmit comments concerning this finalrule by February 24, 1995.

Economic and Other AnalysesThis amendment merely conforms

FAA rules to the 1987 and 1994Amendments to the law. Federalregulations must conform to the law,therefore the FAA has no discretionarypower in this matter. Consequently, aRegulatory Evaluation of the costs and


benefits of this change would serve nouseful purpose and none was prepared.While meeting these new requirementsmay result in costs to units ofgovernment, including the FAA, thesecosts are a result of the law and not theregulation. The law does give the FAAAdministrator discretionary authority togrant exemptions from certain statutoryrequirements when the existing safetyprogram of the unit of government iseffective to ensure safe operations andconformance with federal regulationspertaining to civil aircraft wouldconstitute ‘‘an undue economic burden’’as previously discussed. Economicconsiderations will be evaluated by theFAA on a case-by-case basis at the timeexemptions are requested.

For the same reason explained above,the other analyses and determinationsnormally made a part of rulemakingprocedures are determined to beunnecessary in this case and are notincluded in this document: an analysisof whether there is a significanteconomic impact on a substantialnumber of small entities, aninternational trade impact assessment, afederalism assessment.


This rule contains no informationcollection requests requiring approval ofthe Office of Management and Budgetpursuant to the Paperwork ReductionAct (44 U.S.C. 3507 et seq.).

Conclusion

For the reasons discussed in thepreamble the FAA has determined thatthis final rule is not significant underExecutive Order 12866 or DOTRegulatory Policies and Procedures (44FR 11034; February 26, 1979).

List of Subjects

14 CFR Part 1

Air transportation, Public aircraft.

14 CFR Part 11

Administrative practice andprocedure, Reporting and recordkeepingrequirements, Exemptions.

14 CFR Part 121

Air carriers, Aircraft, Aviation safety,Reporting and recordkeepingrequirements.

The Amendment

Accordingly, 14 CFR parts 1, 11, and121 are amended as follows:

PART 1—[AMENDED]


Authority: 49 U.S.C. app. 1347, 1348,1354(a), 1357(d)(2), 1372, 1421 through 1430,1432, 1442, 1443, 1472, 1510, 1522, 1652(e),1655(c), 1657(f); 49 U.S.C. 106(g).

2. Section 1.1 is amended by revisingthe definition of ‘‘Public aircraft’’ toread as follows:

§ 1.1 General definitions.* * * * *

Public aircraft means an aircraft usedonly for the United States Government,or owned and operated (except forcommercial purposes), or exclusivelyleased for at least 90 continuous days,by a government (except the UnitedStates Government), including a State,the District of Columbia, or a territory orpossession of the United States, orpolitical subdivision of thatgovernment; but does not include agovernment-owned aircraft transportingproperty for commercial purposes, ortransporting passengers other thantransporting (for other than commercialpurposes) crewmembers or otherpersons aboard the aircraft whosepresence is required to perform, or isassociated with the performance of, agovernmental function such asfirefighting, search and rescue, lawenforcement, aeronautical research, orbiological or geological resourcemanagement; or transporting (for otherthan commercial purposes) personsaboard the aircraft if the aircraft isoperated by the Armed Forces or anintelligence agency of the United States.An aircraft described in the precedingsentence shall, notwithstanding anylimitation relating to use of the aircraftfor commercial purposes, be consideredto be a public aircraft for the purposesof this Chapter without regard towhether the aircraft is operated by aunit of government on behalf of anotherunit of government, pursuant to a costreimbursement agreement between suchunits of government, if the unit ofgovernment on whose behalf theoperation is conducted certifies to theAdministrator of the Federal AviationAdministration that the operation wasnecessary to respond to a significant andimminent threat to life or property(including natural resources) and thatno service by a private operator wasreasonably available to meet the threat.* * * * *

PART 11—[AMENDED]

3. The authority for Part 11 continuesto read as follows:

Authority: 49 U.S.C. app. 1341(a), 1343(d),1348, 1354(a), 1401 through 1405, 1421through 1431, 1481, 1502; 49 U.S.C. 106(g).

4. Section 11.25 is amended byrevising paragraph (b)(3), by removing

‘‘and’’ from the end of paragraph (b)(4),by removing the period at the end ofparagraph (b)(5) and adding ‘‘; and’’ inits place, and by adding paragraph (b)(6)to read as follows:

§ 11.25 Petitions for rulemaking orexemptions.

* * * * *(b) * * *(3) Set forth the text or substance of

the rule or amendment proposed, or ofthe rule or statute from which theexemption is sought, or specify the rulethat the petitioner seeks to haverepealed, as the case may be;* * * * *

(6)(i) In the case of a unit of Federal,state, or local government that isapplying for an exemption from anyrequirement of part A of subtitle VII oftitle 49, United States Code, that wouldotherwise be applicable to current orfuture aircraft of such unit ofgovernment as a result of the statutorychange in the definition of publicaircraft made by the Independent SafetyBoard Act Amendments of 1994, PublicLaw 103–411, the petition forexemption must contain anyinformation, views, analysis, orarguments available to the petitioner toshow that:

(A) The exemption is necessary toprevent an undue economic burden onthe unit of government; and

(B) The aviation safety program of theunit of government is effective andappropriate to ensure safety operationsof the type of aircraft operated by theunit of government.

(ii) The authority of theAdministrator, under the IndependentSafety Board Amendments of 1994, Pub.L. 103–411, to grant exemptions to unitsof government is delegated to theDirector, Flight Standards Service, andthe Director, Aircraft CertificationService.* * * * *



Authority: 49 U.S.C. app. 1354(a), 1355,1356, 1357, 1401, 1421–1430, 1472, 1485,1502; and 49 U.S.C. 106(g).

6. Section 1(a) introductory of SAFARNo. 38–2, located in the CFR at thebeginning of Part 121, is revised to readas follows:

SFAR No. 38–2—Certification and OperatingRequirements

* * * * *1. Applicability.(a) This Special Federal Aviation

Regulation applies to persons operating civil


aircraft in commercial passenger operations,cargo operations, or both, and prescribes—

* * * * *Issued in Washington, DC on January 6,

1995.David R. Hinson,Administrator.[FR Doc. 95–1744 Filed 1–20–95; 4:26 pm]BILLING CODE 4910–13–M

fede

ral r

egiste

r

5077


Part IX

The PresidentExecutive Order 12947—ProhibitingTransactions With Terrorists WhoThreaten To Disrupt the Middle EastPeace Process

Presidential Documents

5079

Federal Register

Vol. 60, No. 16


Title 3—

The President

Executive Order 12947 of January 23, 1995

Prohibiting Transactions With Terrorists Who Threaten ToDisrupt the Middle East Peace Process

By the authority vested in me as President by the Constitution and thelaws of the United States of America, including the International EmergencyEconomic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-gencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, UnitedStates Code,

I, WILLIAM J. CLINTON, President of the United States of America, findthat grave acts of violence committed by foreign terrorists that disrupt theMiddle East peace process constitute an unusual and extraordinary threatto the national security, foreign policy, and economy of the United States,and hereby declare a national emergency to deal with that threat.

I hereby order:

Section 1. Except to the extent provided in section 203(b)(3) and (4) ofIEEPA (50 U.S.C. 1702(b)(3) and (4)) and in regulations, orders, directives,or licenses that may be issued pursuant to this order, and notwithstandingany contract entered into or any license or permit granted prior to theeffective date: (a) all property and interests in property of:

(i) the persons listed in the Annex to this order;(ii) foreign persons designated by the Secretary of State, in coordina-tion with the Secretary of the Treasury and the Attorney General,because they are found:(A) to have committed, or to pose a significant risk of committing,acts of violence that have the purpose or effect of disrupting theMiddle East peace process, or(B) to assist in, sponsor, or provide financial, material, or techno-logical support for, or services in support of, such acts of violence;and(iii) persons determined by the Secretary of the Treasury, in coordi-nation with the Secretary of State and the Attorney General, tobe owned or controlled by, or to act for or on behalf of, anyof the foregoing persons, that are in the United States, that hereaftercome within the United States, or that hereafter come within thepossession or control of United States persons, are blocked;

(b) any transaction or dealing by United States persons or within theUnited States in property or interests in property of the persons designatedin or pursuant to this order is prohibited, including the making or receivingof any contribution of funds, goods, or services to or for the benefit ofsuch persons;

(c) any transaction by any United States person or within the UnitedStates that evades or avoids, or has the purpose of evading or avoiding,or attempts to violate, any of the prohibitions set forth in this order, isprohibited.Sec. 2. For the purposes of this order: (a) the term ‘‘person’’ means anindividual or entity;

(b) the term ‘‘entity’’ means a partnership, association, corporation, orother organization, group, or subgroup;

5080 Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Presidential Documents

(c) the term ‘‘United States person’’ means any United States citizen,permanent resident alien, entity organized under the laws of the UnitedStates (including foreign branches), or any person in the United States;and

(d) the term ‘‘foreign person’’ means any citizen or national of a foreignstate (including any such individual who is also a citizen or national ofthe United States) or any entity not organized solely under the laws ofthe United States or existing solely in the United States, but does notinclude a foreign state.Sec. 3. I hereby determine that the making of donations of the type specifiedin section 203(b)(2)(A) of IEEPA (50 U.S.C. 1702(b)(2)(A)) by United Statespersons to persons designated in or pursuant to this order would seriouslyimpair my ability to deal with the national emergency declared in thisorder, and hereby prohibit such donations as provided by section 1 ofthis order.

Sec. 4. (a) The Secretary of the Treasury, in consultation with the Secretaryof State and, as appropriate, the Attorney General, is hereby authorizedto take such actions, including the promulgation of rules and regulations,and to employ all powers granted to me by IEEPA as may be necessaryto carry out the purposes of this order. The Secretary of the Treasurymay redelegate any of these functions to other officers and agencies ofthe United States Government. All agencies of the United States Governmentare hereby directed to take all appropriate measures within their authorityto carry out the provisions of this order.

(b) Any investigation emanating from a possible violation of this order,or of any license, order, or regulation issued pursuant to this order, shallfirst be coordinated with the Federal Bureau of Investigation (FBI), andany matter involving evidence of a criminal violation shall be referred tothe FBI for further investigation. The FBI shall timely notify the Departmentof the Treasury of any action it takes on such referrals.Sec. 5. Nothing contained in this order shall create any right or benefit,substantive or procedural, enforceable by any party against the United States,its agencies or instrumentalities, its officers or employees, or any otherperson.

Sec. 6. (a) This order is effective at 12:01 a.m., eastern standard time onJanuary 24, 1995.

(b) This order shall be transmitted to the Congress and published inthe Federal Register.

œ–THE WHITE HOUSE,January 23, 1995.

Billing code 3195–01–P

5081Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Presidential Documents

ANNEX

TERRORIST ORGANIZATIONS WHICH THREATEN TO DISRUPT THE MIDDLE EAST PEACEPROCESS

Abu Nidal Organization (ANO)

Democratic Front for the Liberation of Palestine (DFLP)

Hizballah

Islamic Gama’at (IG)

Islamic Resistance Movement (HAMAS)

Jihad

Kach

Kahane Chai

Palestinian Islamic Jihad-Shiqaqi faction (PIJ)

Palestine Liberation Front-Abu Abbas faction (PLF-Abu Abbas)

Popular Front for the Liberation of Palestine (PFLP)

Popular Front for the Liberation of Palestine-General Command (PFLP–GC)

[FR Doc. 95–2040

Filed 1–24–95; 10:10 am]

Billing code 4810–31–P

fede

ral r

egiste

r

5083


Part X

Department of theTreasuryOffice of Foreign Assets Control

List of Specially Designated TerroristsWho Threaten To Disrupt the Middle EastPeace Process; Notice


DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

List of Specially Designated TerroristsWho Threaten To Disrupt the MiddleEast Peace Process

AGENCY: Office of Foreign AssetsControl, Treasury.ACTION: Notice of blocking.

SUMMARY: The Treasury Department isissuing a list of blocked persons whohave been designated by the Presidentas terrorist organizations threatening theMiddle East peace process or have beenfound to be owned or controlled by, orto be acting for or on behalf of, theseterrorist organzations.EFFECTIVE DATE: January 24, 1995.FOR FURTHER INFORMATION: J. RobertMcBrien, Chief, International Programs,Tel.: (202) 622–2420; Office of ForeignAssets Control, Department of theTreasury, 1500 Pennsylvania AvenueNW., Washington, DC 20220.


Electronic AvailabilityThis document is available as an

electronic file on The Federal BulletinBoard the day of publication in theFederal Register. By modem dial 202/512–1387 or call 202/512–1530 for disksor paper copies. This file is available inPostscript, WordPerfect 5.1 and ASCII.

BackgroundOn January 23, 1995, President

Clinton signed Executive Order 12947,‘‘Prohibiting Transactions withTerrorists Who Threaten To Disrupt theMiddle East Peace Process’’ (the‘‘Order’’). The Order blocks all propertysubject to U.S. jurisdiction in whichthere is any interest of 12 terroristorganizations that threaten the MiddleEast peace process as identified in anAnnex to the Order. The Order alsoblocks the property and interests inproperty subject to U.S. jurisdiction ofpersons designated by the Secretary ofState, in coordination with the Secretaryof Treasury and the Attorney General,who are found (1) to have committed, orto pose a significant risk of committing,acts of violence that have the purpose oreffect of disrupting the Middle Eastpeace process, or (2) to assist in, sponsoror provide financial, material, ortechnological support for, or services insupport of, such acts of violence. Inaddition, the Order blocks all propertyand interests in property subject to U.S.jurisdiction in which there is anyinterest of persons determined by theSecretary of the Treasury, incoordination with the Secretary of State

and the Attorney General, to be ownedor controlled by, or to act for or onbehalf of, any other person designatedpursuant to the Order (collectively‘‘Specially Designated Terrorists’’ or‘‘SDTs’’).

The Order further prohibits anytransaction or dealing by a United Statesperson or within the United States inproperty or interests in property ofSDTs, including the making or receivingof any contribution of funds, goods, orservices to or for the benefit of suchpersons. This prohibition includesdonations that are intended to relievehuman suffering.

Designations of persons blockedpursuant to the Order are effective uponthe date of determination by theSecretary of State or his delegate, or theDirector of the Office of Foreign AssetsControl acting under authority delegatedby the Secretary of the Treasury. Publicnotice of blocking is effective upon thedate of filing with the Federal Register,or upon prior actual notice.

List of Specially Designated TerroristsWho Threaten the Middle East PeaceProcess

Note: The abbreviations used in this list areas follows: ‘‘DOB’’ means ‘‘date of birth,’’‘‘a.k.a.’’ means ‘‘also known as,’’ and ‘‘POB’’means ‘‘place of birth.’’

Entities

ABU NIDAL ORGANIZATION (a.k.a.ANO, a.k.a. BLACK SEPTEMBER, a.k.a.FATAH REVOLUTIONARY COUNCIL,a.k.a. ARAB REVOLUTIONARYCOUNCIL, a.k.a. ARABREVOLUTIONARY BRIGADES, a.k.a.REVOLUTIONARY ORGANIZATIONOF SOCIALIST MUSLIMS); Libya;Lebanon; Algeria; Sudan; Iraq.

AL-GAMA’A AL-ISLAMIYYA (a.k.a.ISLAMIC GAMA’AT, a.k.a. GAMA’AT,a.k.a. GAMA’AT AL-ISLAMIYYA, a.k.a.THE ISLAMIC GROUP); Egypt.

AL-JIHAD (a.k.a. JIHAD GROUP, a.k.a.VANGUARDS OF CONQUEST, a.k.a.TALAA’AL AL-FATEH); Egypt.

ANO (a.k.a. ABU NIDALORGANIZATION, a.k.a. BLACKSEPTEMBER, a.k.a. FATAHREVOLUTIONARY COUNCIL, a.k.a.ARAB REVOLUTIONARY COUNCIL,a.k.a. ARAB REVOLUTIONARYBRIGADES, a.k.a. REVOLUTIONARYORGANIZATION OF SOCIALISTMUSLIMS); Libya; Lebanon; Algeria;Sudan; Iraq.

ANSAR ALLAH (a.k.a. PARTY OFGOD, a.k.a. HIZBALLAH, a.k.a.ISLAMIC JIHAD, a.k.a.REVOLUTIONARY JUSTICEORGANIZATION, a.k.a.ORGANIZATION OF THE OPPRESSEDON EARTH, a.k.a. ISLAMIC JIHAD FOR

THE LIBERATION OF PALESTINE,a.k.a. FOLLOWERS OF THE PROPHETMUHAMMAD); Lebanon.

ARAB REVOLUTIONARY BRIGADES(a.k.a. ANO, a.k.a. ABU NIDALORGANIZATION, a.k.a. BLACKSEPTEMBER, a.k.a. FATAHREVOLUTIONARY COUNCIL, a.k.a.ARAB REVOLUTIONARY COUNCIL,a.k.a. REVOLUTIONARYORGANIZATION OF SOCIALISTMUSLIMS); Libya; Lebanon; Algeria;Sudan; Iraq.

ARAB REVOLUTIONARY COUNCIL(a.k.a. ANO, a.k.a. ABU NIDALORGANIZATION, a.k.a. BLACKSEPTEMBER, a.k.a. FATAHREVOLUTIONARY COUNCIL, a.k.a.ARAB REVOLUTIONARY BRIGADES,a.k.a. REVOLUTIONARYORGANIZATION OF SOCIALISTMUSLIMS); Libya; Lebanon; Algeria;Sudan; Iraq.

BLACK SEPTEMBER (a.k.a. ANO,a.k.a. ABU NIDAL ORGANIZATION,a.k.a. FATAH REVOLUTIONARYCOUNCIL, a.k.a. ARABREVOLUTIONARY COUNCIL, a.k.a.ARAB REVOLUTIONARY BRIGADES,a.k.a. REVOLUTIONARYORGANIZATION OF SOCIALISTMUSLIMS); Libya; Lebanon; Algeria;Sudan; Iraq.

DEMOCRATIC FRONT FOR THELIBERATION OF PALESTINE (a.k.a.DEMOCRATIC FRONT FOR THELIBERATION OF PALESTINE—HAWATMEH FACTION, a.k.a. DFLP);Lebanon; Syria; Israel.

DEMOCRATIC FRONT FOR THELIBERATION OF PALESTINE—HAWATMEH FACTION (a.k.a.DEMOCRATIC FRONT FOR THELIBERATION OF PALESTINE, a.k.a.DFLP); Lebanon; Syria; Israel.

DFLP (a.k.a. DEMOCRATIC FRONTFOR THE LIBERATION OFPALESTINE—HAWATMEH FACTION,a.k.a. DEMOCRATIC FRONT FOR THELIBERATION OF PALESTINE);Lebanon; Syria; Israel.

FATAH REVOLUTIONARY COUNCIL(a.k.a. ANO, a.k.a. ABU NIDALORGANIZATION, a.k.a. BLACKSEPTEMBER, a.k.a. ARABREVOLUTIONARY COUNCIL, a.k.a.ARAB REVOLUTIONARY BRIGADES,a.k.a. REVOLUTIONARYORGANIZATION OF SOCIALISTMUSLIMS); Libya; Lebanon; Algeria;Sudan; Iraq.

FOLLOWERS OF THE PROPHETMUHAMMAD (a.k.a. PARTY OF GOD,a.k.a. HIZBALLAH, a.k.a. ISLAMICJIHAD, a.k.a. REVOLUTIONARYJUSTICE ORGANIZATION, a.k.a.ORGANIZATION OF THE OPPRESSEDON EARTH, a.k.a. ISLAMIC JIHAD FOR


THE LIBERATION OF PALESTINE,a.k.a. ANSAR ALLAH); Lebanon.

GAMA’AT (a.k.a. ISLAMICGAMA’AT, a.k.a. GAMA’AT AL-ISLAMIYYA, a.k.a. THE ISLAMICGROUP, a.k.a. AL-GAMA’A AL-ISLAMIYYA); Egypt.

GAMA’AT AL-ISLAMIYYA (a.k.a.ISLAMIC GAMA’AT, a.k.a. GAMA’AT,a.k.a. THE ISLAMIC GROUP, a.k.a. AL-GAMA’A AL-ISLAMIYYA); Egypt.

HAMAS (a.k.a. ISLAMICRESISTANCE MOVEMENT); Gaza; WestBank Territories; Jordan.

HIZBALLAH (a.k.a. PARTY OF GOD,a.k.a. ISLAMIC JIHAD, a.k.a.REVOLUTIONARY JUSTICEORGANIZATION, a.k.a.ORGANIZATION OF THE OPPRESSEDON EARTH, a.k.a. ISLAMIC JIHAD FORTHE LIBERATION OF PALESTINE,a.k.a. ANSAR ALLAH, a.k.a.FOLLOWERS OF THE PROPHETMUHAMMAD); Lebanon.

ISLAMIC GAMA’AT (a.k.a.GAMA’AT, a.k.a. GAMA’AT AL-ISLAMIYYA, a.k.a. THE ISLAMICGROUP, a.k.a. AL-GAMA’A AL-ISLAMIYYA); Egypt.

ISLAMIC JIHAD (a.k.a. PARTY OFGOD, a.k.a. HIZBALLAH, a.k.a.REVOLUTIONARY JUSTICEORGANIZATION, a.k.a.ORGANIZATION OF THE OPPRESSEDON EARTH, a.k.a. ISLAMIC JIHAD FORTHE LIBERATION OF PALESTINE,a.k.a. ANSAR ALLAH, a.k.a.FOLLOWERS OF THE PROPHETMUHAMMAD); Lebanon.

ISLAMIC JIHAD FOR THELIBERATION OF PALESTINE (a.k.a.PARTY OF GOD, a.k.a. HIZBALLAH,a.k.a. ISLAMIC JIHAD, a.k.a.REVOLUTIONARY JUSTICEORGANIZATION, a.k.a.ORGANIZATION OF THE OPPRESSEDON EARTH, a.k.a. ANSAR ALLAH,a.k.a. FOLLOWERS OF THE PROPHETMUHAMMAD); Lebanon.

ISLAMIC JIHAD OF PALESTINE(a.k.a. PIJ, a.k.a. PALESTINIANISLAMIC JIHAD—SHIQAQI, a.k.a. PIJSHIQAQI/AWDA FACTION, a.k.a.PALESTINIAN ISLAMIC JIHAD); Israel;Jordan; Lebanon.

ISLAMIC RESISTANCE MOVEMENT(a.k.a. HAMAS); Gaza; West BankTerritories; Jordan.

JIHAD GROUP (a.k.a. AL-JIHAD, a.k.a.VANGUARDS OF CONQUEST, a.k.a.TALAA’AL AL-FATEH); Egypt.

KACH; Israel.KAHANE CHAI; Israel.ORGANIZATION OF THE

OPPRESSED ON EARTH (a.k.a. PARTYOF GOD, a.k.a. HIZBALLAH, a.k.a.ISLAMIC JIHAD, a.k.a.REVOLUTIONARY JUSTICEORGANIZATION, a.k.a. ISLAMIC

JIHAD FOR THE LIBERATION OFPALESTINE, a.k.a. ANSAR ALLAH,a.k.a. FOLLOWERS OF THE PROPHETMUHAMMAD); Lebanon.

PALESTINE LIBERATION FRONT(a.k.a. PALESTINE LIBERATIONFRONT—ABU ABBAS FACTION, a.k.a.PLF-ABU ABBAS, a.k.a. PLF); Iraq.

PALESTINE LIBERATION FRONT—ABU ABBAS FACTION (a.k.a. PLF-ABUABBAS, a.k.a. PLF, a.k.a. PALESTINELIBERATION FRONT); Iraq.

PALESTINIAN ISLAMIC JIHAD—SHIQAQI (a.k.a. PIJ, a.k.a. ISLAMICJIHAD OF PALESTINE, a.k.a. PIJSHIQAQI/AWDA FACTION, a.k.a.PALESTINIAN ISLAMIC JIHAD); Israel;Jordan; Lebanon.

PARTY OF GOD (a.k.a. HIZBALLAH,a.k.a. ISLAMIC JIHAD, a.k.a.REVOLUTIONARY JUSTICEORGANIZATION, a.k.a.ORGANIZATION OF THE OPPRESSEDON EARTH, a.k.a. ISLAMIC JIHAD FORTHE LIBERATION OF PALESTINE,a.k.a. ANSAR ALLAH, a.k.a.FOLLOWERS OF THE PROPHETMUHAMMAD); Lebanon.

PFLP (a.k.a. POPULAR FRONT FORTHE LIBERATION OF PALESTINE);Lebanon; Syria; Israel.

PFLP-GC (a.k.a. POPULAR FRONTFOR THE LIBERATION OFPALESTINE—GENERAL COMMAND);Lebanon; Syria; Jordan.

PIJ (a.k.a. PALESTINIAN ISLAMICJIHAD—SHIQAQI, a.k.a. ISLAMICJIHAD OF PALESTINE, a.k.a. PIJSHIQAQI/AWDA FACTION, a.k.a.PALESTINIAN ISLAMIC JIHAD); Israel;Jordan; Lebanon.

PIJ SHIQAQI/AWDA FACTION (a.k.a.PIJ, a.k.a. PALESTINIAN ISLAMICJIHAD—SHIQAQI, a.k.a. ISLAMICJIHAD OF PALESTINE, a.k.a.PALESTINIAN ISLAMIC JIHAD); Israel;Jordan; Lebanon.

PLF (a.k.a. PLF-ABU ABBAS, a.k.a.PALESTINE LIBERATION FRONT—ABU ABBAS FACTION, a.k.a.PALESTINE LIBERATION FRONT);Iraq.

PLF–ABU ABBAS (a.k.a. PALESTINELIBERATION FRONT—ABU ABBASFACTION, a.k.a. PLF, a.k.a. PALESTINELIBERATION FRONT); Iraq.

POPULAR FRONT FOR THELIBERATION OF PALESTINE (a.k.a.PFLP); Lebanon; Syria; Israel.

POPULAR FRONT FOR THELIBERATION OF PALESTINE—GENERAL COMMAND (a.k.a. PFLP-GC); Lebanon; Syria; Jordan.

REVOLUTIONARY JUSTICEORGANIZATION (a.k.a. PARTY OFGOD, a.k.a. HIZBALLAH, a.k.a.ISLAMIC JIHAD, a.k.a.ORGANIZATION OF THE OPPRESSEDON EARTH, a.k.a. ISLAMIC JIHAD FOR

THE LIBERATION OF PALESTINE,a.k.a. ANSAR ALLAH, a.k.a.FOLLOWERS OF THE PROPHETMUHAMMAD); Lebanon.

REVOLUTIONARY ORGANIZATIONOF SOCIALIST MUSLIMS (a.k.a. ANO,a.k.a. ABU NIDAL ORGANIZATION,a.k.a. BLACK SEPTEMBER, a.k.a.FATAH REVOLUTIONARY COUNCIL,a.k.a. ARAB REVOLUTIONARYCOUNCIL, a.k.a. ARABREVOLUTIONARY BRIGADES); Libya;Lebanon; Algeria; Sudan; Iraq.

TALAA’AL AL-FATEH (a.k.a. JIHADGROUP, a.k.a. AL-JIHAD, a.k.a.VANGUARDS OF CONQUEST); Egypt.

THE ISLAMIC GROUP (a.k.a.ISLAMIC GAMA’AT, a.k.a. GAMA’AT,a.k.a. GAMA’AT AL-ISLAMIYYA, a.k.a.AL-GAMA’A AL-ISLAMIYYA); Egypt.

VANGUARDS OF CONQUEST (a.k.a.JIHAD GROUP, a.k.a. AL-JIHAD, a.k.a.TALAA’AL AL-FATEH); Egypt.

IndividualsABBAS, Abu (a.k.a. ZAYDAN,

Muhammad); Director of PALESTINELIBERATION FRONT—ABU ABBASFACTION; DOB 10 December 1948.

AL BANNA, Sabri Khalil Abd AlQadir (a.k.a. NIDAL, Abu); Founder andSecretary General of ABU NIDALORGANIZATION; DOB May 1937 or1940; POB Jaffa, Israel.

AL RAHMAN, Shaykh Umar Abd;Chief Ideological Figure of ISLAMICGAMA’AT; DOB 3 May 1938; POBEgypt.

AL ZAWAHIRI, Dr. Ayman;Operational and Military Leader ofJIHAD GROUP; DOB 19 June 1951; POBGiza, Egypt; Passport No. 1084010(Egypt).

AL-ZUMAR, Abbud (a.k.a. ZUMAR,Colonel Abbud); Factional Leader ofJIHAD GROUP; Egypt; POB Egypt.

AWDA, Abd Al Aziz; ChiefIdeological Figure of PALESTINIANISLAMIC JIHAD—SHIQAQI; DOB 1946.

FADLALLAH, Shaykh MuhammadHusayn; Leading Ideological Figure ofHIZBALLAH; DOB 1938 or 1936; POBNajf Al Ashraf (Najaf), Iraq.

HABASH, George (a.k.a. HABBASH,George); Secretary General of POPULARFRONT FOR THE LIBERATION OFPALESTINE.

HABBASH, George (a.k.a. HABASH,George); Secretary General of POPULARFRONT FOR THE LIBERATION OFPALESTINE.

HAWATMA, Nayif (a.k.a.HAWATMEH, Nayif, a.k.a.HAWATMAH, Nayif, a.k.a. KHALID,Abu); Secretary General ofDEMOCRATIC FRONT FOR THELIBERATION OF PALESTINE—HAWATMEH FACTION; DOB 1933.

HAWATMAH, Nayif (a.k.a.HAWATMA, Nayif; a.k.a. HAWATMEH,


Nayif, a.k.a. KHALID, Abu); SecretaryGeneral of DEMOCRATIC FRONT FORTHE LIBERATION OF PALESTINE—HAWATMEH FACTION; DOB 1933.

HAWATMEH, Nayif (a.k.a.HAWATMA, Nayif; a.k.a.HAWATMAH, Nayif, a.k.a. KHALID,Abu); Secretary General ofDEMOCRATIC FRONT FOR THELIBERATION OF PALESTINE—HAWATMEH FACTION; DOB 1933.

ISLAMBOULI, Mohammad Shawqi;Military Leader of ISLAMIC GAMA’AT;DOB 15 January 1955; POB Egypt;Passport No. 304555 (Egypt).

JABRIL, Ahmad (a.k.a. JIBRIL,Ahmad); Secretary General of POPULARFRONT FOR THE LIBERATION OFPALESTINE—GENERAL COMMAND;DOB 1938; POB Ramleh, Israel.

JIBRIL, Ahmad (a.k.a. JABRIL,Ahmad); Secretary General of POPULARFRONT FOR THE LIBERATION OFPALESTINE—GENERAL COMMAND;DOB 1938; POB Ramleh, Israel.

KHALID, Abu (a.k.a. HAWATMEH,Nayif, a.k.a. HAWATMA, Nayif, a.k.a.HAWATMAH, Nayif); Secretary Generalof DEMOCRATIC FRONT FOR THE

LIBERATION OF PALESTINE—HAWATMEH FACTION; DOB 1933.

MUGHNIYAH, Imad Fa’iz (a.k.a.MUGHNIYAH, Imad Fayiz); SeniorIntelligence Officer of HIZBALLAH;DOB 7 December 1962; POB Tayr Dibba,Lebanon; Passport No. 432298(Lebanon).

MUGHNIYAH, Imad Fayiz (a.k.a.MUGHNIYAH, Imad Fa’iz); SeniorIntelligence Officer of HIZBALLAH;DOB 7 December 1962; POB Tayr Dibba,Lebanon; Passport No. 432298(Lebanon).

NAJI, Talal Muhammad Rashid;Principal Deputy of POPULAR FRONTFOR THE LIBERATION OFPALESTINE—GENERAL COMMAND;DOB 1930; POB Al Nasiria, Palestine.

NASRALLAH, Hasan; SecretaryGeneral of HIZBALLAH; DOB 31 August1960 or 1953 or 1955 or 1958; POB AlBasuriyah, Lebanon; Passport No.042833 (Lebanon).

NIDAL, Abu (a.k.a. AL BANNA, SabriKhalil Abd Al Qadir); Founder andSecretary General of ABU NIDALORGANIZATION; DOB May 1937 or1940; POB Jaffa, Israel.

QASEM, Talat Fouad; PropagandaLeader of ISLAMIC GAMA’AT; DOB 2June 1957 or 3 June 1957; POB Al Mina,Egypt.

SHAQAQI, Fathi; Secretary General ofPALESTINIAN ISLAMIC JIHAD—SHIQAQI.

TUFAYLI, Subhi; Former SecretaryGeneral and Current Senior Figure ofHIZBALLAH; DOB 1947; POB BiqaValley, Lebanon.

YASIN, Shaykh Ahmad; Founder andChief Ideological Figure of HAMAS;DOB 1931.

ZAYDAN, Muhammad (a.k.a. ABBAS,Abu); Director of PALESTINELIBERATION FRONT—ABU ABBASFACTION; DOB 10 December 1948.

ZUMAR, Colonel Abbud (a.k.a. AL-ZUMAR, Abbud); Factional Leader ofJIHAD GROUP; Egypt; POB Egypt.

Dated: January 23, 1995.R. Richard Newcomb,Director, Office of Foreign Assets Control.

Approved: January 23, 1995.John Berry,Deputy Assistant Secretary (Enforcement).[FR Doc. 95–2035 Filed 1–24–95: 10:10 am]BILLING CODE 4810–25–P

Federal RegisterReader Aids

INFORMATION AND ASSISTANCE

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 since therevision date of each title.

Federal Register

Index, finding aids & general information 202–523–5227 Public inspection announcement line 523–5215 Corrections to published documents 523–5237 Document drafting information 523–3187 Machine readable documents 523–3447

Code of Federal Regulations

Index, finding aids & general information 523–5227 Printing schedules 523–3419

Laws

Public Laws Update Service (numbers, dates, etc.) 523–6641 Additional information 523–5230

Presidential Documents

Executive orders and proclamations 523–5230 Public Papers of the Presidents 523–5230 Weekly Compilation of Presidential Documents 523–5230

The United States Government Manual

General information 523–5230

Other Services

Data base and machine readable specifications 523–3447 Guide to Record Retention Requirements 523–3187 Legal staff 523–4534 Privacy Act Compilation 523–3187 Public Laws Update Service (PLUS) 523–6641 TDD for the hearing impaired 523–5229

ELECTRONIC BULLETIN BOARD

Free Electronic Bulletin Board service for Public Lawnumbers, Federal Register finding aids, and list ofdocuments on public inspection. 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

i

CFR PARTS AFFECTED DURING JANUARY

Vol. 60, No. 16


FEDERAL REGISTER PAGES AND DATES, JANUARY

1–318.......................................3

319–1706.................................4

1707–1988...............................5

1989–2320...............................6

2321–2492...............................9

2493–2670.............................10

2671–2872.............................11

2873–3054.............................12

3055–3334.............................13

3335–3532.............................17

3533–3724.............................18

3725–4068.............................19

4069–4370.............................20

4371–4526.............................23

4527–4830.............................24

4831–5086.............................25

3 CFRProclamations:5759 (See Proc.

6763) ..............................10076455 (See Proc.

6763) ..............................10076641 (See Proc.

6763) ..............................10076726 (See Proc.

6763) ..............................10076763...................................10076764...................................30536765...................................33336766...................................4067Executive Orders:12640 (Amended by

EO 12945)......................452712826 (Superseded by

12944) ..............................30912886 (Superseded by

12944) ..............................30912944...................................30912945.................................452712946.................................482912947.................................5079Administrative Orders:Memorandums:January 4, 1995.................3335Presidential Determinations:No. 95–11 of

December 30,1994 ...............................2671

No. 95–12 ofDecember 31,1994 ...............................2673

No. 95–13 ofDecember 31,1994 ...............................2675

5 CFR211.....................................3055230.....................................3055300.....................................3055301.....................................3055307.....................................3055315.....................................3948316.....................................3055330.....................................3055333.....................................3055339.....................................3055340.....................................3055351...........................2677, 3055353.....................................3055532.......................................319550.....................................3303581.....................................5044630.....................................3032831.....................................3337842.....................................3337930.....................................3055Proposed Rules:300.....................................2546

551.....................................2549

7 CFR7.........................................198952.......................................353358.......................................4824201.....................................2493272.....................................1707273.....................................1707301.....................................2321319...........................3067, 4529400.....................................1996402.....................................2000925.....................................3725929...........................................1932.....................................4531966...........................................2967.....................................2873989.....................................45321005.....................................3191032.....................................3201434.....................................3211421...................................17091425...................................26801427...................................17091710...................................37261712...................................37261714...................................37261717...................................37261719...................................37261755.........................1710, 17111773...................................28741785...................................37261944...................................4069Proposed Rules:53.......................................398254.......................................398275.........................................379273.....................................2703274.....................................2703400.....................................3106723.....................................48711007.......................................651032.......................................651040...................................45711050.....................................3791093.......................................651094.......................................651096.......................................651099.......................................651108.......................................651280.....................................3801405...................................45711413...................................45711421.....................................3811494...................................35641755.........................1758, 17591948...................................35661951...................................3566

8 CFRProposed Rules:286.....................................3107

ii Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Reader Aids

9 CFR

78.............................2875, 437191.............................4534, 483192.......................................437297.......................................2875112.....................................2876317.......................................174381.......................................174Proposed Rules:1.........................................43833.........................................4383381.....................................3454

10 CFR

Ch. I ...................................407132...............................322, 3735Proposed Rules:20.......................................487235.......................................487250.......................................357952.......................................4877430.....................................4348440.....................................4480

11 CFR

1.........................................4072Proposed Rules:110.....................................41149003.........................3700, 41149004.........................3700, 41149006.........................3700, 41149007.........................3700, 41149033.........................3700, 41149034.........................3700, 41149037.........................3700, 41149038.........................3700, 4114

12 CFR

219.......................................231261a...................................3340607.......................................325612.......................................325614.............................325, 2683615.......................................325618.....................................2683620.......................................325630.....................................2493Proposed Rules:614.....................................2552615.....................................2552618.....................................2552

13 CFR

108.....................................4073122.....................................4373Proposed Rules:121.....................................4389122.....................................4574

14 CFR

1.........................................507411.......................................507425.........................................32539...3, 327, 329, 330, 332, 336,

1712, 2323, 2493, 2495,2877, 3737, 3739, 4074,

407671 .........338, 2496, 3534, 3535,

3536, 3537, 3741, 4078,4079, 4946

73.............................3742, 374395.......................................437397.............................2009, 4080121 ......2497, 2687, 3303, 5074129.....................................2497

135.....................................2497Proposed Rules:35.............................4114, 411639 .........66, 382, 384, 386, 388,

389, 393, 2033, 2036, 2041,2555, 2909, 3358, 3579,3581, 3583, 3585, 3587,3588, 3590, 3592, 4117,

411961.........................................39567.........................................39571 .........396, 2043, 2044, 2045,

2047, 3108, 3109, 3593,3595, 3596, 3777, 4131

73.......................................204891.......................................2557257.....................................3359258...........................3596, 3778

15 CFR

291.....................................4081

16 CFR

Proposed Rules:1700.........................2716, 4536

17 CFR

200...........................................5249.....................................3078Proposed Rules:249.....................................4040404.....................................4576405.....................................4576

18 CFR

2.................................339, 483134.......................................483135.......................................483141.......................................4831131.....................................4831141.....................................1716154...........................2011, 3111157.....................................2011158.....................................3141201.....................................3141250.....................................3141260.....................................3141270.....................................2011271.....................................2011272.....................................2011273.....................................2011274.....................................2011275.....................................2011284...........................1716, 3141292.....................................4831294.....................................4831347.......................................356348.......................................358375.....................................1716382.....................................4831385...........................1716, 4831Proposed Rules:284.....................................3783

19 CFR

206...........................................6207.........................................18Proposed Rules:210.....................................3785

20 CFR

416.......................................360655...........................3950, 4028Proposed Rules:404.....................................3787

422.....................................3787617.....................................3472

21 CFR

5.........................................2014211.....................................4087520.............................362, 3079522.............................362, 4375558.....................................3079900.....................................3451Proposed Rules:310.....................................4132600.....................................2351601.....................................2351606.....................................2351607.....................................2351610.....................................2351640.....................................2351660.....................................2351892.....................................3168

22 CFR

226.....................................3743Proposed Rules:213.....................................2911

23 CFR

655.......................................363

24 CFR

91.............................1878, 486192.......................................1878570...........................1878, 1922574.....................................1878576.....................................1878597...........................2880, 3034791.....................................3344813.....................................2658885.....................................2658907.....................................4344968.....................................1878970.....................................37063500...................................2642Proposed Rules:Ch. IX...................................303203.....................................4391

25 CFR

Proposed Rules:151.....................................1956

26 CFR

1 ..............23, 2049, 2497, 3345301.........................................33602.....................................2497Proposed Rules:1 ...397, 406, 2049, 2352, 2557,

271753...........................................82301.........................................83

27 CFR

Proposed Rules:4.................................411, 31715.................................411, 31717.................................411, 317124.......................................3598

28 CFR

16...........................................3836.......................................3080540.......................................240545.......................................240Proposed Rules:90.............................3303, 4393

29 CFR

506.....................................3950507.....................................4028825...........................2180, 22821425...................................25092610...................................30802619...................................30822622...................................30802644...................................30842676...................................3082Proposed Rules:1910...................................41321915...................................41321926.........................4132, 4134

30 CFR

218.....................................3085773.....................................4662918.....................................4542936.....................................2512944.....................................2520Proposed Rules:56.......................................186657.......................................1866254.....................................3177773.....................................4393934.....................................3790935.....................................3184944.....................................4581

31 CFR

103...............................220, 234209.......................................416306.....................................4376344.....................................4502357.....................................4376

32 CFR

23.......................................454443a.....................................1720323.....................................3087112.....................................1720113.....................................1720536.....................................1735537.....................................1735706.....................................3345989.....................................4545Proposed Rules:169a.....................................417

33 CFR

117...........................4377, 4560161.....................................4377165.....................................4380Proposed Rules:110.....................................2364117 ......2562, 2687, 3791, 3793156...........................1958, 3185334...........................4134, 4582

34 CFR

74.........................................36580.........................................36599.......................................3464645.....................................4748Proposed Rules:200.........................................85201...............................85, 2816203.........................................85212.........................................85

36 CFR

Proposed Rules:7.........................................439468.......................................3599

iiiFederal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / Reader Aids

800.........................................86

37 CFRProposed Rules:1.........................................37003.........................................370010.......................................4395201...........................2365, 3948

38 CFR

21.......................................45613.........................................2522

40 CFR

9.........................................494835...............................366, 288051.............................1735, 471252...38, 40, 41, 372, 375, 1738,

2014, 2016, 2018, 2022,2025, 2026, 2066, 2067,2367, 2523, 2524, 2688,2690, 2881, 2885, 3346,3352, 3538, 3544, 3760,

4562, 471260.......................................236963.......................................494870 ........1741, 2527, 3766, 456380.............................2693, 269681 ...........41, 2026, 2885, 3349,

3352, 377182 ..................3303, 3318, 401085.......................................4712131.....................................4664180 .......378, 3546, 4091, 4093,

4095, 4097, 4861, 4862186.....................................4097192.....................................2854228.....................................2699260.....................................3089261.....................................1744268.......................................242271 ......2534, 2699, 3095, 4380300.....................................4568799...........................4514, 4516Proposed Rules:Ch. I .....................................4182.........................................487752 ...........86, 87, 88, 418, 2066,

2067, 2563, 2565, 2568,2717, 2718, 2912, 3361,

3602, 379455.......................................360357.......................................487770 ........2569, 2570, 2917, 458381 ......................88, 2719, 336682.......................................399285.......................................487786.......................................487791.......................................4878122.....................................4877123.....................................4877145.....................................4877152.....................................3796156.....................................2848170 ......2820, 2826, 2830, 2842174.....................................3796180 .........89, 2921, 3611, 3796,

3797185.....................................3607228.....................................3186

230.......................................419233.....................................4877260.....................................4877270.....................................4877271.....................................4877281 ..................419, 4586, 4877300.............................422, 3189350.....................................4877403.....................................4877704.....................................4877707.....................................4877710.....................................4877712.....................................4877716.....................................4877717.....................................4877720.....................................4877723.....................................4877750.....................................4877790.....................................4877

41 CFR

60–250...............................1986101–37...............................3547114.....................................3554201–3.................................2029201–9.................................2029201–18...............................2029201–20...............................2029201–21...............................2029201–23...............................2029201–39...............................2029Ch. 301 ..............................4477302–11...............................2536

42 CFR

400.....................................2325405.....................................2325410...............................46, 2325414.........................................46484.....................................2325485.....................................2325486.....................................2325498.....................................2325Proposed Rules:51.......................................494663a.....................................4742

43 CFR

Public Land Orders:7108...................................20307109...................................25397110...................................30987111...................................33567112...................................3555Proposed Rules:39.......................................4135

44 CFR

65.......................................409967.......................................4105Proposed Rules:67.......................................4135

45 CFR

1607...................................2330Proposed Rules:1604...................................33671611...................................3798

46 CFR

10.......................................452212.......................................452216.......................................452225.......................................2482160.....................................2482Proposed Rules:515.....................................2923550.....................................2923580.....................................2923581.....................................2923

47 CFR

15.......................................330322.......................................355561.............................4107, 456969.......................................410773.......................................355776.............................3099, 486390.......................................3773Proposed Rules:Ch. I ...................................38071.........................................27222.........................................272221.............................2722, 292461.......................................206869.......................................206873 ......90, 91, 2726, 3191, 361374.......................................292480.......................................272694.......................................2722101.....................................2722

48 CFR

206.....................................2888210.....................................4878215.....................................4878231...........................1747, 2330235.....................................4569237.....................................2888242.....................................1747252.....................................4878Proposed Rules:Ch. 1..............2302, 2472, 349231.......................................331432.......................................398833.......................................263039.......................................263042.......................................263045.......................................237050.......................................263052.............................2370, 2630219.....................................4144231.....................................2924252.....................................4144912.....................................4397923.....................................2727952.....................................4397970...........................2727, 43975452...................................41446101...................................3948

49 CFR

1.........................................2889382.....................................2030391.........................................54555.....................................1749571 ......1750, 2539, 2892, 3774572.....................................2896

1002.........................2543, 44771011...................................25431130...................................2543Proposed Rules:40.......................................3371171.....................................4879172.....................................4879173.....................................4879174.....................................4879175.....................................4879176.....................................4879177.....................................4879178.....................................4879179.....................................4879180.....................................4879214.....................................1761229.....................................3375231.....................................3375232.....................................3375390.........................................91391.........................................91392.........................................91396.........................................91544.....................................3830571.....................................3303Ch. X..................................20691023...................................4397

50 CFR

17 ......................56, 2899, 355720.................................61, 217732.......................................5066222...........................3775, 3948227.....................................3948611.....................................2331625...........................1757, 2905630.....................................2032642.....................................4866646.....................................3562651.....................................3102663.....................................2331672.....................................2905675 ................2905, 4110, 4866677...........................2344, 4866Proposed Rules:17 ....69, 425, 2070, 2638, 361318...........................................7023...........................................73222.....................................3032227.....................................2070301.....................................2925Ch. VI.................................3832611...........................4477, 4662672.....................................4477675.....................................4662676 ................2935, 4477, 4662678.....................................2071

LIST OF PUBLIC LAWS

Note: No public bills whichhave become law werereceived by the Office of theFederal Register for inclusionin today’s List of PublicLaws.

Last List January 24, 1995

1–25–95 Wednesday Vol. 60 No. 16 January 25, 1995 Pages ... · includes both text and graphics...

Documents

Transcript of 1–25–95 Wednesday Vol. 60 No. 16 January 25, 1995 Pages ... · includes both text and graphics...