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for a proposal to improve US 59 (Southwest Freeway) between Beltway 8 in southwest Houston, Texas and SH, 288, approximately 1.5 miles south of the central business district, a distance of 13.5 miles, and a 9.5 mile transitway from Beltway 8 to the vicinity of Weslayan Street. Construction will include grade separations at six locations for authorized vehicle access/ egress. In conjunction with the transitway, a park and ride lot with a capacity for approximately 2,000 cars will be located in the vicinity of Beltway 8. Transit Centers are also proposed at Hillcroft and South Rice.

The design of the transitway will be integrated into the design of the 13.5 miles of widening and upgrading of US 59 from Beltway 8 to SH 288. It is proposed that essentially one, and for some short distances two or three, lanes be added in each direction along the existing freeway. Where possible, freeway ramps will be modified to reverse diamond configurations and, if necessary, some ramps may be closed.

The following alternatives to the proposed action will be examined in the Environmental Impact Statement to evaluate relative benefits and costs:

No-Build Alternative: The existing facilities and services and currently committed transportation improvements, including the expansion of METRO's regional peak-hour bus fleet to approximately 1,050 vehicles.

Low Capital Improvement: The existing facilities and services, currently committed transportation improvements, and an expansion of METRO's regional peak-hour bus fleet to approximately 1,550 vehicles.

Impacts identified for analysis include changes in the natural environment (air quality, noise, water quality, aesthetics), changes in the social environment (land use, development, neighborhoods), impacts on parklands and historic sites, changes in levels of service, associated changes in highway congestion, capital costs, and operating and maintenance costs. Impacts will be identified both for the construction period and for the long term operation of the alternatives.

Two public meetings were held within the project area during the early stages of project planning. Adequate public notice was given through news media as

to meeting times and locations. These meetings helped establish the purpose, scope, framework, and approach for the environmental and socio-economic analysis. At these meetings, a description was presented of the proposed scope of the study using maps and visual aids. Members of the public and interested Federal, State, and local agencies were invited to comment on the proposed scope of work, alternatives to be assessed, impacts to be analyzed, and evaluation criteria to be used to arrive at a decision. Other impacts or criteria judged relevant to local decision-making were identified. Comments were made both orally at the meetings and in writing. The combined concerns and issues arising from the early public and agency coordination phase of project planning indicate that environmental impact disclosure should be made through an EIS.

Comments and questions concerning this proposal should be directed to the FHWA or UMTA at the address provided above. Jobn J. Conrado, Division Administrator, Federal Highway Administration, Austin, Texas. Paul T. Jensen, Acting Regional Administrator, Urban Mass Transportation Administration, Fort Worth, Texas. (FR Doc. 84–27248 Filed 10-15–84; 8:45 am)

selected because of substantial logistical problems, higher costs to renovate, and an end product that would not improve the inherent problems of a two-story kitchen

Development of the project would have impacts on the human and natural environment as it affects storm water run-off, erosion, and landscaping. Additionally, construction noise, dust, and visual impacts will exist during construction of the project. The medical center is historically significant.

Mitigating actions shall include landscaping, control of erosion, dust and fumes, and noise abatement measures. Final detailing and elevations will be designed to ensure architectural compatibility with the existing historic buildings.

The VA will adhere to all applicable Federal, State, and local environmental regulations during construction and operation of this project.

The significance of the identified impacts has been evaluated relative to considerations of both context and intensity as defined by the Council on Environmental Quality, (Title 40 CFR 1508.27).

An Environmental Assessment has been performed in accordance with the requirements of the National Environmental Policy Act Regulations, $ $ 1501.3 and 1508.9. A "Finding of No Significant Impact" has been reached based upon the information presented in this assessment.

The assessment is being placed for public examination at the Veterans Administration, Washington, D.C. Persons wishing to examine a copy of the document may do so at the following office: Mr. William F. Sullivan, Director, Office of Enviromental Affairs (088C), Room 423, Veterans Administration, 811 Vermont Avenue, N.W., Washington, D.C. 20420, (202) 389–3316. Questions or requests for single copies of the Environmental Assessment may be addressed to the above office.

Dated: October 9, 1984.

By direction of the Administrator. Everett Alvarez, Jr.,

Deputy Administrator.

Veterans Administration Medical Center, Coatesville, PA; New Kitchen/ Dining Hall; Finding of No Significant Impact

The Veterans Administration (VA) has assessed the potential environmental impacts that may occur as a result of the New Kitchen/Dining Hall project and has determined that the potential environmental impacts will be minimal from the development of this project.

The project proposes a new 26,000 gross square feet kitchen and dining hall east of building no. 56 and north of building no. 57. The new building will be a one level structure. Renovation of the existing kitchen was considered and not

Tuesday, October 16, 1984

This section of the FEDERAL REGISTER contains notices of meetings published under the "Government in the Sunshine Act" (Pub. L. 94-409) 5 U.S.C. 5526(e)(3).

inspection at the office of the National Council on Educational Research at 2000 L St., NW., Suite 617B, Washington, D.C. 20036 from the hours of 8:30 a.m. to 5:00 p.m.

A summary of the activities at the closed session and related matters which are informative to the public consistent with the policy of Title 5 U.S.C. 552b will be available to the public within fourteen days of the meeting

Dated: October 5, 1984. James E. Hinish, Jr.,

Executive Director, National Council on

DEPARTMENT OF EDUCATION National Council on Educational Research ACTION: Full Council Meeting of the National Council on Educational Research. MATTERS TO BE DISCUSSED: Receive committee reports; discussion and approval or disapproval of proposed resolutions; report from the Director of N.I.E.; Dr. Chester Finn Speech—"The N.C.E.R./N.I.E. Relationship: What Can Be Done?". Closed session-Internal Personnel Matters DATE: Thursday, October 25, 1984. ADDRESS: National Institute of Education, 1200 19th St., NW., Washington, D.C. (Room 823). STATUS: 8:30 a.m.-9:30 a.m.--Closed 9:30 a.m.-11:45 a.m.-Open 11:45 a.m.-1:00 p.m.-Lunch Break 1:00 p.m.-3:00 p.m.- Open TIME: 8:30 a.m.-3:00 p.m. FOR FURTHER INFORMATION CONTACT: D. Renee Trent, National Council on Educational Research Associate, 2000 L St., NW., Suite 617B, Washington, D.C. 20036, 202-254-7490 SUPPLEMENTARY INFORMATION: The National Council on Educational Research is established under Section 405 of the General Provisions Act. The N.C.E.R. meeting will be closed to the public from 8:30 a.m. fo 9:30 a.m. to discuss internal personnel matters including discussion of the vacancy to be left by the current Executive Director who will be resigning in subsequent weeks. The meeting will be closed under the provisions of 34 CFR 705.2 (a) (2) and (6) and 5 U.S.C., 552b(c) (2) and (6).

Records are kept of all Council proceedings and are available for public

FEDERAL COMMUNICATIONS COMMISSION October 10, 1984.

The Federal Communications Commission will hold an Open Meeting on the subjects listed below on Wednesday, October 17, 1984, which is scheduled to commence at 9:30 a.m., in Room 856, at 1919 M Street, NW., Washington, DC. Agenda, Item No., and Subject Private Radio-1--Title: Frequency

Coordination in the Private Land Mobile Radio Services. Summary: The FGC will consider whether to adopt a Notice of Proposed Rule Making modifying procedures in Part 90 of the rules concerning frequency coordination in the

Private Land Mobile Radio Services. Common Carrier--1-Title: Third Report and

Order detariffing embedded customer premises equipment owned by Independent telephone companies and tariffed at the state level; CC Dkt. No. 81-893. Summary: The Commission will consider whether to adopt a report and order which establishes a detariffing framework for embedded customer premises equipment owned by Independent telephone companies and

tariffed at the state level. Common Carrier-2--Title: Final Report

Regarding Staff Audit of Preoperational Expenses Associated with the Formation and Development of Products for AT&T Information Systems, Inc. Summary: The Commission will consider AT&T's accounting for preoperational expenses incurred on behalf of AT&T's subsidiary which offers enhanced services and

customer premises equipment. Common Carrier_3_Title: Memorandum

Opinion and Order concerning request by Telephone Association of New England and certain of its members for

interconnection and an interim order establishing divisions of charges for interstate communications. Summary: The Commission will consider whether to grant a petition by the Telephone Association of New England and certain of its members requesting Commission action concerning interim divisions of charges for interstate

communications. Common Carrier-4-Title: Elimination of the

Separate Frequency Allocation Structure in the Public Land Mobile Service (Rule Section 22.501), CC Docket No. 83–1146; and Revision and Update of Part 22, CC Docket No. 80-57. Summary: Before the Commission is a Report and Order and Order on Reconsideration which discusses revisions of Section 22.501 in the Public Land Mobile Service, to allow all carriers to apply for the frequencies which are presently allocated separately for radio common carriers and wireline common carriers. Changes to rules in the Rural Radio Service are discussed also. For consideration also are petitions for reconsideration filed in the proceeding revising part 22 requesting reversal of the interim procedures established for the filing of applications during the pendency of the rulemaking proposing to eliminate the

separate allocation. Common Carrier---5--Title: Amendment of

Part 31 Uniform System of Accounts to account for access revenues and expenses and conforming amendments to Annual Report Form M and FCC Report 901. Summary: The Commission is considering a Report and Order requiring new accounts to record carriers' access revenues and expenses required in Docket 78–72. In addition, the Report and Order contains conforming amendments to Annual Report Form M and FCC Report 901 to incorporate

these new accounts. Common Carrier-Title: Amendment of

Part 31, Uniform System of Accounts for Class A and Class B Telephone Companies to provide for nonregulated activities. Summary: The Commission will consider requiring thai nonregulated activities be

accounted for in separate books of account. Common Carrier-7--Title: Reconsideration

of 2* Spacing Order in the Matter of Licensing Space Stations in the Domestic Fixed Satellite Service and Related Revisions of Part 25 of the Rules and Regulations. Summary: The Commission will consider petitions for reconsideration of its Report and Order in CC Docket No. 81-704 dealing with reduced orbital spacings between domestic satellites and revised satellite and earth station technical

standards. Common Carrier-fTitle: Establishment of

an Advisory Committee on Implementation of Reduced Orbital Spacing Between Domestic Fixed Satellites. Summary: The Commission will consider the

establishment of such an advisory

committee and its terms of reference. Common Carrier-9_Title: Second Report

and Order, General Docket No. 80–112. Summary: The Commission will consider adopting rules to allow the use of lotteries for the selection of Multichannel Multipoint

Distribution Service licensees. Mass Media--1---Title: Protection Standards

for AM stations in Alaska. Summary: The Commission issued a Notice of Proposed Rule Making inviting comments on a proposal to provide increased interference protection to Alaskan AM stations. The Report and Order considers and resolves

this matter and various related issues. Mass Media-2--Title: Amendment of

Section 73.37 Note 5 of the Commission's Rules concerning daytime power limitations for AM stations. Summary: The Commission issued a Notice of Proposed Rule Making to delete the restrictions on the daytime power which could be proposed by certain AM stations. The Report and Order resolves the matters

raised in the proceeding. Mass Media--3—Title: Commission Policy

Regarding the Advancement of Minority Ownership in Broadcasting. Summary: The Commission adopted a Notice of Proposed Rule Making in Gen. Docket 82-797 which proposed to expand seller-creditor protections in a seller-financed sale of a broadcast property to a minority buyer. The Commission will consider whether it

should adopt the proposal. Mass Media - 4–Title: Deregulation of

Radio. Summary: The Commission will consider a petition for partial reconsideration of the Second Report and Order filed by National Radio Broadcasters Association. Petitioner requests that the Commission reduce its quarterly issues/ programs list requirement to an annual

requirement. Mass Media-5-Title: Report and Order in

Low Power Television and Television Translator Service, MM Docket No. 831350. Summary: The Commission will consider proposed rule changes for low power television and television translators which would: (1) Modify the present cut-off procedures; (2) eliminate the requirement to file financial information; and (3) create a separate or priority processing class for

television translators. Mass Media-6-Title: License Renewal

Application of Station KTTL(FM), Dodge City, Kansas, licensed to Mr. & Mrs. Charles Babbs, d/b/a/ Cattle Country Broadcasting. Summary: The Commission considers petitions to deny KTTL's renewal application filed by the Dodge City Citizens for Better Broadcasting and the National Black Media Coalition; informal objections to KTTL's renewal application filed by the Attorney General of the State of Kansas, Robert T. Stephan, on behalf of the State of Kansas, the Anti-Defamation League of B nai B'rith, the Jewish Community Relations Bureau of Kansas City, Missouri, and the Jewish War Veterans of the U.S.A; a timely-filed application from CommunityService Broadcasting, Inc., seeking a construction permit for a new FM broadcasting station in Dodge City,

Kansas, which is mutually exclusive with the renewal application of KTTL; and an application for assignment of license from

the licensee to Mr. Van Smith. Mass Media—7—Title: A petition for

reconsideration of the denial of the petition to deny filed against the renewal

applications of WELR (AM & FM).

considers a petition for reconsideration of

Roanoke, Alabama. Mass Media-Title: License renewal

applications of certain broadcast stations serving various communities in the State of Texas, Summary: The Commission considers a petiton to deny filed by the National Black Media Coalition and others alleging that the licensees have not

complied with the Commission's EEO rule. Mass Media--,_Title: Compliant of

Syracuse Peace Council against television station WTVH, Syracuse, New York. Summary: The Commission will consider whether to find the licensee in violation of the Fairness Doctrine.

This meeting may be continued the following work day to allow the Commission to complete appropriate action.

Additional information concerning this meeting may be obtained from

Judith Kurtich, FCC Public Affairs

Secretary, Federal Communications

Issues and Remand for further Hearings in the Brownfield, Texas, comparative FM proceeding (BC Docket Nos. 81–164 and 81

165). Hearing-4-Applications for Review in the

United Broadcasting Company, Inc., Washington, D.C. FM radio comparative renewal proceeding (BC Docket Nos. 479 to 80-481).

These items are closed to the public because they concern Adjudicatory Matters (See 47 CFR 0.603(i)).

The following persons are expected to attend:

Commissioners and their Assistants

of his staff Action by the Commission:

Hearings 1, 2, and 3, October 9, 1984. Commissioners Fowler, Chairman; Quello, Dawson, Rivera and Patrick voting to

consider these items in Closed Session.

Hearing 4, September 18, 1984. Commissioners Fowler, Chairman; Quello, Dawson, Rivera and Patrick voting to consider this item in Closed Session.

This meeting may be continued the following work day to allow the Commission to complete appropriate action.

Additional information concerning this meeting may be obtained from Judith Kurtich, FCC Public Affairs Office, telephone number (202) 254–7674. William J. Tricarico, Secretary, Federal Communications Commission. [FR Doc. 84–27424 Filed 10-12-84: 3:02 pm) BILLING CODE 6712-01-M

FEDERAL COMMUNICATIONS COMMISSION October 10, 1984.

The Federal Communications Commission will hold a Closed Meeting on the subjects listed below on Wednesday, October 17, 1984, following the Open Meeting, which is scheduled to commence at 9:30 A.M., in Room 856, at 1919 M Street, N.W., Washington, D.C. Agenda, Item No., and Subject Hearing--1-Applications for Review,

Petition to Enlarge Issues, and Petition to Intervene in the San Bernardino, California comparative proceeding for an interim operator for the facilities of former station KHOF-TV (MM Docket Nos. 83–1001, 83

1003, 83-1006, 83–1007). Hearing-2--Petition for Reconsideration and

Contingent Request for Enlargement of the Issues in the Nashua, New Hampshire AM/ FM radio comparative proceeding (Docket

Nos. 80–28 to 80–35). Hearing--3--Petition for Reconsideration and

Petition to Reopen the Record, Enlarge

FEDERAL RESERVE SYSTEM TIME AND DATE: 11:00 a.m., Monday, October 22, 1984. PLACE: Marriner S. Eccles Federal Reserve Board Building, C Street entrance between 20th and 21st Streets, NW., Washington, D.C. 20551. STATUS: Closed. MATTERS TO BE CONSIDERED:

1. Pesonnel actions (appointments, promotions, assignments, reassignments, and salary actions) involving individual Federal Reserve System employees.

2. Any items carried forward from a previously announced meeting.

CONTACT PERSON FOR MORE INFORMATION: Mr. Joseph R. Coyne, Assistant to the Board; (202) 452-3204. You may call (202) 452-3207, beginning at approximately 5 p.m. two business days before this meeting, for a recorded announcement of bank and bank

Week of October 22 Tentative

Monday, October 22

Status of NTOL's (Open/Portions to be

CLOSED)
Tuedays, October 23 10:00 a.m.

Discussion of Proposed Rule on Emergency

Planning and Seismic Events (Public

Meeting) 2:00 p.m. Briefing and Discussion on the Hearing

Process (Public Meeting) Wednesday, October 24 9:45 a.m.

Security Meeting (Closed-Ex. 1) 10:00 a.m. Discussion of Management-Organization

NUCLEAR REGULATORY COMMISSION
DATE: Weeks of October 15, 22, 29, and November 5, 1984. PLACE: Commissioners' Conference Room, 1717 H Street, NW., Washington, D.C. STATUS: Open and Closed. MATTER TO BE CONSIDERED:

TO VERIFY THE STATUS OF MEETINGS CALL: (Recording)-(202) 634–1498. CONTACT PERSON FOR MORE INFORMATION: Julia Corrado (202) 634- 1410. George T. Mazuzan,

Office of the Secretary.

Page 3

DEPARTMENT OF HOUSING AND participation in multiple listing services URBAN DEVELOPMENT

and steering because of race, color,

religion, sex or national origin. Office of Assistant Secretary for Fair The Fair Housing Act directs that the Housing and Equal Opportunity

authority and responsibility for

administering the Act shall be in the 24 CFR Part 105

Secretary of Housing and Urban (R-84-1195; Docket FR 2012)

Development. A person who claims to

have been injured by a discriminatory Fair Housing

housing practice or who believes that he

or she will be irrevocably injured by a AGENCY: Office of the Assistant

discriminatory housing practice may file Secretary for Fair Housing and Equal

a complaint with the Secretary of the Opportunity, HUD.

Department of Housing and Urban ACTION: Proposed rule.

Development under section 810 of the

Act (42 U.S.C. 3610). In the alternative, SUMMARY: The Department is proposing

the rights to fair housing may be to revise regulations setting forth the

enforced through the initiation of civil procedures to be followed in processing

actions in Federal district court by complaints alleging the occurrence of

private individuals under section 812 of discriminatory housing practices under

the Act (42 U.S.C. 3612). the Fair Housing Act (Title VIII of the Section 810 directs that upon receipt Civil Rights Act of 1968). The proposed of a complaint the Secretary shall rule would reorganize the provisions of

investigate the complaint and give Part 105, and would add more specific

notice as to whether the Secretary will descriptions of the procedures used to

attempt to resolve matters in the investigate fair housing complaints, to

complaint. Where a determination to make a determination to resolve matters

resolve the complaint is made, section raised in complaints and to try to

810 requires the Secretary to proceed to eliminate and correct alleged

try to eliminate or correct the alleged discriminatory housing practices by discriminatory housing practice by informal means.

informal methods of conference, DATE: Comments must be received by conciliation and persuasion. Where December 17, 1984.

these informal efforts are unsuccessful, ADDRESSES: Comments should be sent section 810 provides for the initiation of to: Rules Docket Clerk, Office of General civil actions by private individuals to Counsel, Room 10278, Department of

vindicate their rights to fair housing. The Housing and Urban Development, 451 authority to exercise the powers and Seventh Street, S.W., Washington, D.C.

responsibilities of the Secretary of 20410. Communications should refer to

Housing and Urban Development with the above docket number and title. A respect to the processing of fair housing copy of each communication submitted complaints has been delegated to the will be available for public inspection

Assistant Secretary for Fair Housing during regular business hours at the

and Equal Opportunity. (35 FR 6877, above address.

April 30, 1970).

In addition to the rights of a private FOR FURTHER INFORMATION CONTACT:

Thomas Jankowski, Director, Office of

individual to initiate administrative and

judicial enforcement proceedings, the Fair Housing Enforcement and section 3

Fair Housing Act also empowers the Compliance, Department of Housing and

Attorney General to commence civil Urban Development, Room 5208, 451

actions whenever he or she believes that Seventh Street, S.W., Washington, D.C.

any person or group of persons is 20410, (202) 755–6836. (This is not a toll

engaged in a pattern or practice of free number.)

resistance to the full enjoyment of rights SUPPLEMENTARY INFORMATION: The Fair

protected or that a denial or rights Housing Act (Title VIII of the Civil

protected raises an issue of general Rights Act of 1968, 42 U.S.C. 3601 et seq.) public importance. states that it is the policy of the United On January 4, 1969 the Department of States to provide, within constitutional Housing and Urban Development limitations, for fair housing throughout published as Part 71 of Title 24 Code of the United States. The Fair Housing Act Federal Regulations, complaint prohibits discrimination based on race, processing regulations (Fair Housing: color, religion, sex or national origin in Procedures with Respect to Complaints). any aspect of a transaction relating to With a number of procedural revisions the sale, rental or financing of dwellings. Part 71 was subsequently recodified as The Fair Housing Act also prohibits 24 CFR Part 105 on December 22, 1971 blockbusting and discriminatory

(36 FR 24458). Except for a revision to statements and advertisements, the the Purpose and Definition sections of denial of access to or membership or Part 105 (§ 105.1(a) and 105.2(h)) to

indicate the amendment of Title VIII of
the Civil Rights Act of 1968 to prohibit
discrimination based on sex contained
in section 527 of the Housing and
Community Development Act of 1974
(see 40 FR 20079, May 8, 1975), the procedural regulations have remained unchanged.

Since publication of this rule several
courts in connection with civil actions brought under the Fair Housing Act

have provided judicial interpretations

In order to clarify procedural requirements for the filing of complaints with the Secretary, to indicate time limitations on the filing of civil actions in cases involving complaints, and to describe fully Department policies for processing complaints and attempting to resolve matters, the Department is revising and expanding its complaint procedures regulation.

Although Part 105 is procedural in nature, the Department desires to have the views of interested persons with respect to the proposed revisions. Therefore the Department has determined to publish these revisions as a proposed rule. I. General

Section 105.2 of the regulations would be revised to include a definition of the Fair Housing Act, and references to Title VIII of the Civil Rights Act of 1968 and Title VIII would be replaced by the defined term.

In addition, the terms "violations of Title VIII" and "complainants" would be deleted from Part 105. The terms "discriminatory housing practice" and "aggrieved person" which are used in the Fair Housing Act would be used throughout the proposed rule. Also, the description of an aggrieved person who may file a complaint with HUD would be contained in $ 105.12 of the proposal. II. Complaints A. Persons Against Whom a Complaint May be Filed

A new $ 105.13 would be added to indicate that under the Fair Housing Act a complaint may be filed against any person alleged to be or have been engaged or be about to engage in any discriminatory housing practice. This section would also state that any person

Page 4

such building, structure, or portion practice occurred. Such complaint may duly authorized representative of the thereof.

be filed with the assistance of an

Assistant Secretary. Such attestation (e) "Family" includes a single

authorized representative of the

may be made at the time of the individual.

aggrieved person, including any

investigation. The Assistant Secretary (f) “Fair Housing Act" means Title organization acting on behalf of the has authorized each State and local VIII of the Civil Rights Act of 1968, as aggrieved person.

agency that administers a fair housing amended, Pub. L. 90–284, 42 U.S.C. 3601

law found by the Department to provide 3619. $ 105.13 Persons against whom

rights and remedies which are (8) “Person" includes one or more complaints may be filed.

substantially equivalent to the rights individuals, corporations, partnerships,

(a) A complaint may be filed against

and remedies provided in the Fair associations, labor organizations, legal any person alleged to be or have been

Housing Act to accept complaints on representatives, mutual companies, engaged, or to be about to engage, in a

behalf of the Department. joint-stock companies, trusts,

discriminatory housing practice. (b) Any person who directs or

(b) The Assistant Secretary may also unincorporated organizations, trustees, trustees in bankruptcy, receivers, and

controls, or has the right to direct or

require complaints to be made on control, the conduct of another person

prescribed forms. Complaint forms shall fiduciaries.

be available to all persons in any (h) "State" means any of the several

with respect to any aspect of the sale,
States, the District of Columbia, the
rental, advertising or financing of

Regional or Field Office of the
Commonwealth of Puerto Rico, or any

Department or in any authorized State
dwelling or the provision of brokerage
the territories and possessions of the
services relating to the sale or rental of

or local agency. Notwithstanding the use

of the prescribed form, any written United States.

dwellings is responsible for (i) "To rent" includes to lease, to

statement which substantially sets forth discriminatory housing practices by such other person.

the allegations of a discriminatory

a sublease, to let, and otherwise to grant

housing practice will be accepted as a for consideration the right to occupy $ 105.14 Where to flle complaints.

Fair Housing Act complaint. premises not owned by the occupant.

Complaints may be filed by mail with Appropriate assistance in filling out

Fair Housing, Department of Housing forms and in filing a complaint will be Subpart B-Complaints

and Urban Development, Washington rendered by personnel in any of such $ 105.11 Submission of Information. D.C. 20410, or any Regional or Field

offices.
Office of the Department. Complaints (a) The Assistant Secretary will

(c) Complaints may be reasonably and receive information concerning alleged

may also be filed in person at any such fairly amended at any time. discriminatory housing practices from

office or with any other duly authorized Amendments to complaints including any person. Where the information representative of the Assistant

those to cure technical defects or constitutes a complaint within the

Secretary. Generally, complaints will be omissions such as failure to verify a meaning of the Fair Housing Act and

processed through the Department's complaint, clarification and
this part and is furnished by an Regional Administrator having

amplification of allegations in a
aggrieved person (as defined in jurisdiction in the State in which the

complaint or the addition of other $ 105.12), it shall be deemed filed under

alleged discriminatory housing practice respondents to a complaint may be $ 105.17. Where additional information occurred. Systemic processing of

made at any time during the pendency is required for purposes of perfecting a

complaints may be done through the of the complaint and any amendment complaint under the Fair Housing Act,

Office of the Assistant Secretary. A list shall be deemed to be made as of the the Department will promptly advise

of Department Regional Office with their original filing date.
what additional information is needed

addresses and areas of jurisdiction and
of Field Offices and their addresses

(The information collection requirements and will provide appropriate assistance

contained in paragraph (b) were approved by in the filing of such complaint. appears as an appendix to this part.

the Office of Management and Budget under (b) If the information disclosed so $ 105.15 Contents of complaints.

control number 2529-0011.) warrants, appropriate enforcement

Each complaint should contain

$ 105.17 Filing of complaints. procedures may be initiated by the

substantially the following information: Department under E.O. 11063 on Equal

(a) A complaint shall be considered to

(a) The name and address of the Opportunity in Housing or Title VI of the aggrieved person.

be filed when it is received in such form Civil Rights Act of 1964, and the

as is found reasonably to meet the

(b) The name and address of the information may also be referred to any

standards of $ $ 105.15 and 105.16. The person against whom the complaint is other Federal, State or local agency filed ("respondent").

aggrieved person shall be notified of the

date of filing and of his right to bring having an interest in the matter.

(c) A description and the address of

court action under sections 810 and 812. the dwelling which is involved, if $ 105.12 Complaints to be filed by an

(See $ 105.45 of the part. aggrieved person.

appropriate.
(d) A concise statement of the facts,

(b) Notwithstanding paragraph (a) of
Any person who, in the opinion of the including pertinent dates, constituting

this section, a complaint may be deemed Assistant Secretary, is a person who the alleged discriminatory housing

filed, for purposes of the 180-day period claims to have been injured by a practice.

for the receipt of complaints by the discriminatory housing practice or who

Department under Section 8101b) of the believes that he or she will be

(The information collection requirements Fair Housing Act, upon the receipt of

contained in this section were approved by
irrevocably injured by a discriminatory
the Office of Management and Budget under

written information sufficiently precise housing practice that is about to occur, control number 2529-0011.)

to identify the parties and describe within the meaning of section 810 of the

generally the action or practice Fair Housing Act (hereinafter an

$ 105.16 Form of Complaint; amendments. complained of. "aggrieved person"), may file a

(a) Each complaint shall be in writing (c) Where a complaint involves complaint no later than 180 days after and signed, and shall be sworn to before allegations of a continuing practice the alleged discriminatory housing a notary public, or sworn to before a made unlawful under the Fair Housing

Page 5

ENVIRONMENTAL PROTECTION Water Pollution Control Expenditures at power source. ALP also added that AGENCY

Alaska Lumber and Pulp Co., Inc., Sitka, insufficient construction space was Alaska and Louisiana-Pacific

available at the mill site. Finally, ALP (WH-10-FRL-2689-1)

Corporation, Ketchikan, Alaska," and included its estimated costs to achieve Pulp, Paper, and Paperboard; Point "Response to Comments on the

BPT effluent limitations and stated that Source Category; Effluent Limitations

September 16, 1983 Tentative Decision since these costs are wholly out of Guidelines

To Deny the Fundamentally Different proportion to the model mill costs, ALP

Factors Variance Requests Submitted by is entitled to relief from the nationallyAGENCY: Environmental Protection Alaska Lumber and Pulp Co., Inc., Sitka, applicable BPT regulations. Agency (EPA). Alaska and Louisiana-Pacific

Tentative Decision ACTION: Notice of denial of petition to Corporation, Ketchikan, Alaska." These establish a separate Alaska documents are included in the

On September 16, 1983, EPA published subcategory. administrative record or may be

a tentative decision to deny the request obtained free of charge from Wendy for a separate Alaska subcategory (see SUMMARY: EPA is today providing notice Smith at the address listed above. 48 FR 41634). The basis for the tentative that it is denying the petition submitted FOR FURTHER INFORMATION CONTACT:

decision was that the available on behalf of Alaska Lumber and Pulp Robert W. Dellinger or Wendy D. Smith

information indicated that the factors Co., Inc., Sitka, Alaska (ALP) and at (202) 382-7137.

that exist at ALP and LPK are very Louisiana-Pacific Corporation,

similar to the factors that were SUPPLEMENTARY INFORMATION: Ketchikan, Alaska (LPK) for the

considered by the Agency when establishment of a separate Alaska Background

developing the national effluent subcategory in the pulp, paper, and

On November 19, 1980, ALP and LPK limitations for the dissolving sulfite pulp paperboard point source category. petitioned the EPA to establish a

subcategory. The comment period Note.-Alaska Lumber and Pulp Co., Inc., separate subcategory for the Alaskan closed on December 15, 1983. recently changed its name to Alaska Pulp mills within the pulp, paper, and

Final Decision Corporation. In order to maintain consistency

paperboard point source category. Both with other documents published on this facilities are currently within the

Before discussing the final decision, it petition, the Agency will continue to refer to dissolving sulfite pulp subcategory (40

is appropriate to discuss one general this facility as Alaska Lumber and Pulp Co., Inc. or ALP in this notice. CFR Part 430, Subpart K). The mills

comment. Commenters stated that the requested that the biochemical oxygen

EPA did not specify the criteria for ADDRESSES: Technical information may demand (BOD5) limitation be set at 75

determining whether or not a petition for be obtained by writing to Robert W. pounds/ton (maximum 30-day average)

a new subcategory should be granted Dellinger or Wendy D. Smith, Effluent instead of the 46.8 pounds/ton

and that the EPA offered no rationale Guidelines Division (WH-552), EPA, 401 (maximum 30-day average) required by

for its denial of the subcategory request. M Street, SW., Washington, D.C. 20460, the best practicable control technology

Further, commenters claimed that the or by calling (202) 382–7137. currently available (BPT) effluent

EPA's statements on the subcategory This action is based on the

limitations guidelines. Since the mills request implied that the criteria for administrative record available for

also filed fundamentally different subcategorization are the same as for a public review during normal business factors (FDF) variance requests in

FDF variance. They asserted that there hours at the offices of the Environmental March, 1980, the petition for

was no evidence that the Agency gave Protection Agency listed below: resubcategorization was requested as an

adequate attention to the statutory Library, Region X, Environmental alternative form of relief from meeting

"consideration" factors such as energy Protection Agency, 1200 Sixth Avenue, the nationally-applicable BPT

and non-water quality environmental Seattle, Washington 98101, 8:00 am to regulations.

impacts and cost in relation to effluent 4:30 pm; (206) 442-1259

The mills based their request for a

reduction benefits. Alaska Operations Office, new subcategory on the following

EPA disagrees with the comment. The Environmental Protection Agency, factors: (1) The geographical and

tentative decision plainly stated the 3200 Hospital Drive, Suite 101, Juneau, topographical location precludes

criteria for evaluating the mill's Alaska 99801, 8:00 am to 4:30 pm: (907) landfilling sludges generated by

request-the factors found in 8 304(b) of 586–7610 additional secondary treatment; (2)

the Clean Water Act (CWA). Further, Environmental Protection Agency, 401 M insufficient energy is currently available the entire administrative record Street, SW., Room 919A East Tower,

to support an incinerator to burn the provided the rationale for the tentative Washington, D.C. 20460, 8:00 am to sludge that cannot be landfilled; the decision, not merely the Federal Register 4:30 pm; (202) 382-7137

mills would have to obtain power from notice. The record makes clear that EPA Copying machines are available at the on outside source or install their own considered each of the factors alleged EPA offices in Seattle, Washington; electrical generators; and (3) if excess by the mills to warrant a new Juneau, Alaska; and Washington, D.C. sludges from additional secondary subcategory. The EPA information regulation (40 CFR treatment are burned, SO2 emissions The criteria for establishing a new Part 2) provides that a reasonable fee will increase. Further, the mills'

subcategory and evaluating a FDF may be charged for copying.

representatives claimed that EPA has variance request are generally similar, The major documents related to this the authority to create a subcategory therefore, it is not suprising that the decision are the “Final Decision by the based on non-water quality

analyses seemed similar. In developing Region X Administrator Regarding the environmental factors, including energy subcategories, EPA considers the factors Request for Approval of Alternative requirements, and other factors such as specified in § 304(b). Similarly, the Effluent Limitations for Alaska Pulp geographic location.

factors that may be considered Corporation and Louisiana-Pacific

In an August 3, 1981 submittal, ALP fundamentally different are all Corporation Pursuant to 40 CFR Part repeated the above claims and

considerations that appear in $ 304(b). 125, Subpart D," "Final Analysis of emphasized the lack of an external In fact, the mills gave the same reasons

Page 6

for requesting a separate subcategory adequately consider non-water quality technology identified by EPA as the best and a FDF variance.

environmental impacts such as energy practicable control technology curently Under the Agency's regulations, in usage, sludge generation and

available for the dissolving sulfite pulp order to grant a FDF variance request, incineration, land availability, and air subcategory. The control technologies the factors pertinent to the facility must pollution--the same matters that are the that would be installed by the Alaskan be: (1) Fundamentally different from subject of the resubcategorization mills to achieve the BPT limtations those considered by EPA in establishing requests. Weyerhaeuser Company v. would be similar to the technologies the national limitations, and (2) must Costle, 590 F.2d 1011 (D.C. Cir. 1978). installed at other dissoving sulfite pulp result in either a removal cost wholly Significantly, the court also rejected mills. out of proportion to the cost considered arguments that EPA failed adequately to EPA evaluated the cost that ALP and during development of the national consider factors peculiar to Alaskan LPK have already expended for limits or a non-water quality paper mills. 590 F.2d 1054, n.71.

wastewater treatment now in place plus environmental impact fundamentally The only claim made by the Alaskan

the costs for additional treatment more adverse than the impact

mills in their 1980 resubcategorization claimed to be necessary to attain the considered during the development of petition which was not raised previously nationally-applicable BPT limitations. the national limits. In order to

was that no external power source was EPA included the energy, solid waste resubcategorize, EPA need not find that available to ALP and LPK. Except for

disposal, and site preparation costs that factors are fundamentally different, the need to examine the importance of

would contribute to BPT compliance wholly out of proportion, or that difference, EPA would have had an

costs. The estimated capital and total fundamentally more adverse. adequate basis for rejecting the mills'

annual costs at ALP to attain the Rather, to resubcategorize, EPA would petitions based on EPA's prior

nationally-applicable BPT limitations have to find that new factors or new consideration of the issues raised by the

are 7.4 and 12.5-21.4 percent, information exist which, if known at the mills, the mills' failure to support their

respectively, higher than the costs time the national limitations were request with new data, the

considered by EPA when developing the developed, would have caused EPA to Weyerhaeuser Company decision, and

BPT effluent limitations for viscose establish a new subcategory. the need for finality in administrative

grade production at a dissolving sulfite Subcategorization is meant to account proceedings. Nevertheless, in its

pulp mill of the same size as ALP. These for significant differences among plants discretion. EPA decided to provide the

costs are within the range of variability in an industry-not every difference. mills with an opportunity to submit new, This is because the CWA has clearly

given when EPA estimated the costs for additional data.

the national BPT effluent limitations established a goal of uniform national EPA assessed the additional data submitted and conducted a detailed

(see Final BPT Development Document, requirements for similar plants. Thus, the essential inquiry in deciding whether review in conjunction with its

December, 1976, p. 449). The estimated to create a new subcategory is not consideration of the mills' FDR variance

capital and total annual costs at LPK to merely whether there are differences

attain the nationally-applicable BPT requests. As the Tentative Decision

limitations are 79.1 and 89.2–96.4 among plants, but whether these

indicated, EPA's intensive review differences are significant enough to indicated that the new data that were

percent, respectively, of the costs warrant different effluent limitations.

considered by EPA when developing the submitted did not demonstrate that Our initial review of the petition for

BPT effluent limitations for viscose resubcategorization was warranted.

grade production at a dissolving sulfite resubcategorization led us to conclude After reviewing the claims presented that there were no significant in the Alaskan mills' Novembr 1980

pulp mill of the same size as LPK. Thus, differences warranting a new Alaskan request for resubcategorization, the

the compliance costs of meeting BPT at mills subcategory. We found that, with public comments, and the data

the Alaskan mills are not different from one exception, the mills reiterated submitted by the mills' the Agency

the compliance costs considered by the comments EPA considered during the examined the factors specified in

Agency when developing the national 1976 BPT rulemaking, raising old issues Section 304(b) of the Clean water Act

BPT effluent limitations for viscose and submitting no new data. At that which EPA considers when developing

grade production in the dissolving sulfite time, EPA examined unavailability of the subcategorization scheme for an

pulp subcategory. land to landfill wastewater sludges and industrial category. We find that the

Because the costs of compliance for the alternative technology of factors that exist at the Alaskan mills

both ALP and LPK are similar to incineration of sludges. The Agency are very similar to the factors that were compliance costs considered by EPA concluded that, even if the mills considered by EPA when devloping the

when developing the national BPT incurred the increased costs of sludge nationally-applicable BPT limitations for effluent limitations for viscose grade incineration, no adverse economic the dissolving sulfite pulp subcategory.

dissolving sulfite pulp production, the impacts would result. Additionally, EPA Thus, EPA is denying ALP's and LPK's Agency has determined that the total concluded that the effluent readuction petition to establish a separate Alaska

cost in relation to the effluent reduction benefits that would result from removing subcategory of the pulp, paper, and

benefits at either ALP or LPK is not the pollutants contained in paper paperboard industry.

different from that considered by EPA industry wastewaters more than

The Agency's detailed assessment of for mills in the dissolving sulfite pulp compensated for the additional energy each of the factors which the Alaskan subcategory. Thus, resubcategorization usage and air pollution that would result mills calimed as the basis for their is not justified on that basis. from burning wastewater threatment resubcategorization petition is presented Second, EPA assessed the data sludges. in the administrative record. Our

submitted for the Alaskan mills' After the BPT regulations were evaluation is summarized below.

resubcategorization request and promulgated, representatives of the

The Agency has determined that both reviewed the non-water quality dissolving sulfite pulp subcategory ALP and KPK are capable of meeting the environmental impacts that could result petitiond for judicial review. The Court nationally-applicable BPT effluent from the installation and operation of of Appeals rejected the dissolving sulfite limitations through the installation and the wastewater treatment facilities, pulp mills' argument that EPA did not operation of biological treatment, the including solid waste disposal and

Page 7

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Availability of Research Quantities of
Human T-Lymphotropic Retroviruses (HTLV-III) and Cell-Line Material for Research Purposes

AGENCY: Public Health Service,

SUMMARY: The Department of Health

applicants must provide information as

requirements and agree to restrictions

working days. Applications received by

1. The name, organization, and address of the individual requesting the HTLV-III virus.

2. The proposed use of the virus, including the objectives and proposed plan of work, anticipated completion date, and final disposition of the virus.

3. The facilities involved including a description of the specific facilities and equipment to be used in handling the material.

4. The qualifications and experience of the technical personnel.

5. The membership of the organization's Institutional Biosafety Committee.

6. The date the Institutional Biosafety Committee approved the request to

work with the virus and any conditions of the skin with broken glassware, the Committee imposed on the approval. scalpels or other sharp objects that are

In its application, the applicant must contaminated with infectiuos materials; certify that it will (1) use any virus it splashing and spraying of infectious receives in accordance with the

fluids onto mucous membranes or information supplied in the application broken skin surfaces; and the direct unless it receives specific permission in contact of mucous membranes with advance from the Department to do hands that have been contaminated otherwise; and, (2) comply with

with infectious materials. Although the applicable biosafety requirements, as potential for infection by aerosols has set forth in the Appendix to this Notice. not been demonstrated, the settling of In addition, before virus is actually infectious droplet particles onto supplied, a successful applicant must loboratory surfaces can provide submit a signed agreement concerning opportunity for indirect contact. restrictions on redistribution of the virus Biosafety Level 2 practices, and on sharing related information. containment equipment, and facilities

Selection of applicants will be based are recommended for activities utilizing upon public health needs, the

known or potentially infectious body information supplied by each applicant fluids and tissues. Additional the relative merit of the applicant's containment equipment and special proposal, and the amount of virus

practices described for Biosafety Level 3 available.

should be used for small-scale research Dated: October 12, 1984.

activities involving HTLV-III, related Edward N. Brandt, Jr.,

viruses, and virus producing cell lines. Assistant Secretary for Health.

Large-scale production and activities

which involve the handling of large Appendix-Biosafety Guidelines for Use

volumes of virus-producing cells should of HTLV-III and Related Viruses

be restricted to Biosafety Level 3 HTLV-III is a retrovirus which is the facilities. The recommended Biosafety etiologic agent of acquired immune Level practices, containment equipment, deficiency syndrome (AIDS) High

and facility safeguards are described in concentrations of the virus can be Section III of the document Biosafety in produced in cell culture and the virus Microbiological and Biomedical appears to be more infectious for human Laboratories (1). Laboratory directors Ta lymphocytes than HTLV-I or -II. No and investigators who are working or seroconversions are known to have

plan to work with HTLV-III should occurred in laboratory workers, but

carefully review all biosafety definitive studies have not been done.

information provided in this publication. There is presently no evidence of

The applicant requesting HTLV-III for AIDS transmission to laboratory or research purposes must certify that hospital personnel from contact with Biosafety Level 3 "Standard affected patients, clinical specimens or Microbiological Practices", "Special potentially infectious research

Practices" and "Containment materials. Epidemiologic and scientific Equipment" safeguards as described on evidence suggests that the probable pages 14 through 16 of the referenced mode of transmission is through sexual document(1) will be used for research and parenteral contact. There is no involving HTLV-III and that the evidence to suggest that aerosol

laboratory staff who will work with the transmission occurs in naturally

virus is experienced and proficient in occurring disease. Although the

the use of these safeguards. In addition, incidence of AIDS is striking in the the applicant must describe the facility identified high risk group (e.g.,

in which the research will be conducted. homosexual men) there is no significant

The minimum facility specifications are indication that the disease is spreading those described for a Biosafety Level 2 among individuals who do not belong to facility. (See page 13 of the referenced one of the identified risk groups (i.e., document.) Production level activities homexual men, intravenous drug

must be restricted to Biosafety Level 3 abusers, and hemophilic patients using facilities. (See pages 16 and 17 of the Factor VIII products).

referenced document.) Parenteral inoculation, droplet

(1) Biosafety in Microbiological and exposure of mucous membranes, and

Biomedical Laboratories, J.H. Richardson and contact exposure of broken skin are the W.E. Barkley (eds.), HHS Publication No. primary presumed occupational hazards. (CDC) 84-8395, Centers for Disease Control Accidental exposures can occur in the and National Institutes of Health, U.S. laboratory through self-inoculataion Department of Health and Human Services, with a hypodermic needle while

Public Health Service, March 1984. aspirating or injecting infectious

(FR Doc. 84-27507 Filed 10-15-84: 11:30 am] materials; pricking, puncturing or cutting BILLING CODE 4160-17-M

Page 8

SUBSCRIPTIONS AND ORDERS Subscriptions (public)

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Magnetic tapes of FR, CFR volumes Public laws (Slip laws) PUBLICATIONS AND SERVICES Daily Federal Register General information, index, and finding aids Public inspection desk Corrections Document drafting information Legal staff Machine readable documents, specifications

Code of Federal Regulations

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38929 39035

39035 38930, 40157

39038 38529 39512

40395 .39288, 39995

.39657 .39153, 40397

38530 39995

7 CFR 2... 272.. 273. 301. 319.. 371. 444. 651. 910.. 920.. 966. 981.. 1065. 1079. 1097. 1435. 3015... Proposed Rules: 58... 910.. 985: 1030. 1434.

523-4986 523-4534 523-5229

FEDERAL REGISTER PAGES AND DATES, OCTOBER

3 CFR Executive Orders: April 17, 1926

Revoked in part

by PLO 6575.. 5327 Revoked

in part by

PLO 6574.. 6843 Revoked

in part by

PLO 6573...... 11145 (See EO

12489).... 11157 (Amended by

EO 12488)... 11183 (See EO

12489).... 11287 (See EO

12489)..... 11776 (See EO

12489).... 12131 (See EO

12489)..... 12190 (See EO

12489)... 12196 (See EO

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12489)... 12367 (See EO

38525-38926... 38927-39034. 39035-39152. 39153-39272.. 39273-39504. 39505-39652. 39653-39828. 39829-39994. 39995-40156. 40157-40382. 40383-40556.

8 CFR 214.. Proposed Rules: 248.

366. 369. 373. 379. 385. 386. 389.

220.... 221. 226. 234. 241. 242. 246. 255. 570. 941.

38656 38656 38656 38656 38656 38656 38656

39690 39690 39686 39686

40044 40044, 40047

39690 39690 39693 39694

35 CFR Proposed Rules: 121.

37 CFR Proposed Rules: Ch. II................ 201..........

26 CFR 1. .......... 39051, 39314, 39540,

39677, 40011, 40016 5f...........

39677 18..

38920 25.

38540, 39843 35a.. 41...

39544 Proposed Rules: 1............ 39078, 39344, 39571 301..

38 CFR 5............ 8... 13. 17. 21.............. Proposod Rules: 21..

39328 39328 39328 39328 39544

28 CFR 0....... 2...... 545.

40 CFR 30..........

38943 52.

..39057-39062, 3954539547, 39843, 40029,

40162, 40164 60.......

40031 61.. 123.

October 13, 1984, as "Smokey Bear Week". (October 11, 1984; 98 Stat. 1827) Price: $1.00 S.J. Res. 324 / Pub. L. 98468 Designating the month of November 1984 as "National Christmas Seal Month". (October 11, 1984; 98 Stat. 1829) Price: $1.00 H.R. 5221 / Pub. L. 98-469 To extend through September 30, 1988, the peiod during which amendments to the United States Grain Standards Act contained in section 155 of the Omnibus Budget Reconciliation Act of 1981 remain effective, and for other purposes. (October 11, 1984; 98 Stat. 1831) Price: $1.00 H.R. 3130 / Pub. L. 98-470 To authorize amendments to a certain repayment and water service contract for the Frenchman Unit of the PickSloan Missouri River Basin Program. (October 11, 1984; 98 Stat. 1833) Price: $1.00 S.J. Res. 260 / Pub. L. 98471 Designating the week beginning on November 11, 1984, as "National Blood Pressure Awareness Week". (October 11, 1984; 98 Stat. 1835) Price: $1.00 S.J. Res. 295 / Pub. L. 98472 To provide for the designation of the week of October 14 through October 20, 1984, as "Myasthenia Gravis Awareness Week". (October 11, 1984; 98 Stat. 1836) Price: $1.00 H.J. Res. 648 / Pub. L. 98473 Making continuing appropriations for the fiscal year 1985, and for other purposes. (October 12, 1984; 98 Stat. 1837)

40407 ... 40407

40407

40407 ... 40407

40407 39161 39161 .39161 40407 40407 40407 40407 40407 40407 39847 38544

46 CFR 33. 35. 75.. 78. 94. 97. 107. 108. 109. 161. 167. 180. 185. 192. 196. 381. 510. 515. 550. 552.. 553.. 555.. 558. 559. 560.. 561. 562. 564.. 566. 568. 569.... Proposed Rules: Subchapter D

(30-40)... Subchapter H

(70-89)..... Subchapter 1

38836 38836 38836 38836 38836 38836 38836 38836 38836 38836 38836 38836 38836

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Page 9

Administrative Practice and Procedure

Federal Grain Inspection Service Air Carriers

Civil Aeronautics Board Air Pollution Control

Environmental Protection Agency
Conflict of Interests

Postal Service Credit Unions

National Credit Union Administration Exports

International Trade Administration Fisheries

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Page 10

Antitrust Division NOTICES Competitive impact statements and proposed

consent judgments: 40679 Waste Management, Inc., et al.

Army Department
See also Engineers Corps.

PROPOSED RULES 40589 Privacy Act; implementation

NOTICES
40637 Privacy Act; systems of records

Civil Aeronautics Board RULES

Air carriers: 40565 Flight schedules, realistic scheduling required;

CFR Part removed

Policy statements: 40567 Unrealistic or deceptive scheduling

PROPOSED RULES

Policy statements: 40588 Unrealistic or deceptive scheduling; air taxis

NOTICES 40624 Agency information collection activities under

OMB review 40624 Commuter fitness determinations

Civil Rights Commission NOTICES

Meetings; State advisory committees: 40624, Hawaii (2 documents) 40625 40625 Illinois 40625 Michigan 40625 Minnesota 40625 Nevada

40657 Southern Natural Gas Co. 40652 Tennessee Gas Pipeline Co. 40652 Western Gas Interstate Co. 40658 Oil pipelines, interstate; tentative valuations

Small power production and cogeneration facilities;

qualifying status; certification applications, etc.: 40657 Bloom, Arthur L., et al. 40658 Southern California Gas Co.

Hazardous waste program authorizations:

Massachusetts Pesticide chemicals in or on raw agricultural commodities; tolerances and exemptions, etc.:

Zinc stearate, titanium dioxide, and calcium

stearate Water pollution; effluent guidelines for point source categories:

Best conventional pollutant control technology

guidelines; data availability; correction NOTICES Pesticide, food, and feed additive petitions:

American Cyanamid et al. Pesticide programs:

Confidential information and data transfer to contractors (Computer Sciences Corp. et al.) Microbial pesticides; small scale field testing;

interim policy Pesticides; experimental use permit applications:

Dow Chemical Co, et al. Pesticides; temporary tolerances:

Ethephon Toxic and hazardous substances control:

Premanufacture exemption approvals Water pollution control; sole source aquifer designations:

Washington

Federal Grain Inspection Service PROPOSED RULES Administration:

Fees for official services performed by agencies Licenses and authorizations (for individuals only)

Federal Maritime Commission

NOTICES 40665 Agreements filed, etc.

Federal Mine Safety and Health Review Commission

NOTICES 40760 Meetings; Sunshine Act

Federal Energy Regulatory Commission NOTICES

Hearings, etc.: 40652 ANR Pipeline Co. 40646 Arkansas Louisiana Gas Co. (2 documents) 40653 Boundary Gas, Inc. 40649 Cleary, John V., Jr. 40647 Columbia Gas Transmission Corp. 40646 Columbia Gulf Transmission Co. 40648,

Consolidated Gas Transmission Corp. (3 40655 documents) 40655 Eastern Shore Natural Gas Co. 40648 Great Lakes Gas Transmission Co. 40656 Idaho Power Co. 40656 K N Energy, Inc. 40648 Kelly, Donald F. 40649 Kentucky West Virginia Gas Co. 40649 Mississippi River Transmission Corp. (2

documents) 40650 Mountain Fuel Resources, Inc. 40656 Northern Border Pipeline Co. 40657 Northwest Pipeline Corp. 40651 Northwest Pipeline Corp. et al. 40651 · Shell Offshore Inc. et al. 40657 South Carolina Public Service Authority

Federal Register / Vol. 49, No. 202 / Wednesday, October 17, 1984 / Contents

Securities and Exchange Commission RULES

Investment companies: 40569 Regular broker or dealer, and persons not

deemed interested persons

Securities: 40573 Prompt transfer of securities; transfer agent

turnaround performance time frames

NOTICES 40751, Agency information collection activities under 40752 OMB review (4 documents)

Hearings, etc.: 40747 Alabama Power Co. 40748 Forest City Investment Partners II Ltd.

Partnership et al. 40749 IDS Government Securities Money Fund, Inc. 40749 Shearson Lehman/Coast Savings Housing

Partners, Ltd., et al. Self-regulatory organizations; proposed rule

changes: 40751 Municipal Securities Rulemaking Board 40752 Philadelphia Stock Exchange, Inc.

CFR PARTS AFFECTED IN THIS ISSUE

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

Page 11

Historically, SBA has not reported notice of SBA's intention to implement be reported to credit reporting agencies information regarding commercial debts this directive by reporting all

pursuant to contract. to reporting agencies. The amendment is commercial debts, regardless of status, (vi) Names of participating lending necessary to provide notice of SBA's to credit reporting agencies (credit institutions without their consent, intention to implement OMB Bulletin No. bureaus), and clarifies SBA's procedural except that the names and/or the Polk 83–21 directing all Executive regulations regarding information

Identification Numbers for such Departments and Establishments to disclosure to accomplish that reporting. institutions may be reported to credit report all non-tax commercial debts.

The reporting of commercial debts reporting agencies pursuant to contract. This amendment also distinguishes will not be conducted pursuant to the SBA's reporting of consumer debts Debt Collection Act of 1982, nor

Dated: October 9, 1984. pursuant to the Debt Collection Act of pursuant to SBA's regulations of 13 CFR

James C. Sanders, 1982, and SBA's regulations

Part 140 implementing such Act. Written Administrator. implementing such Act, from such notice of SBA's intention to disclose

(FR Doc. 84-27279 Filed 10-16-84; 8:45 am) reporting of commercial debts. commercial debts to credit bureaus is

BILLING CODE 8025-01DATES: This rule is effective October 17, not, therefore, required. 1984.

This amendment clarifies SBA's ADDRESS: Written comments should be intention to disclose information

CIVIL AERONAUTICS BOARD addressed to C. Nicholas Kalcounos, regarding commercial debts only to Director, Freedom of Information/ credit bureaus. The information referred

14 CFR Part 234 Privacy Acts Appellate Office, Small to in g 102.3(b)(2) (v) and (vi) of these Business Administration, Office of regulations will remain exempt from

(Economic Regulations; Removal of Part Hearings and Appeals, 1441 L Street, disclosure to all other institutions and to 234; Docket 27891; Reg. ER-1393] NW., Washington, D.C., 20416.

the general public. FOR FURTHER INFORMATION CONTACT:

SBA certifies that this rule does not Flight Schedules of Certificated Air C. Nicholas Kalcounos, (202) 653–6460. constitute a major rule for the purpose of Carriers; Realistic Scheduling SUPPLEMENTARY INFORMATION: As a

Executive Order 12291. It is procedural Required result of the Debt Collection Act of 1982, in nature and in and of itself does not

AGENCY: Civil Aeronautics Board. a new emphasis in Federal Agencies has impose costs upon the businesses which been placed on the provision of credit might be affected by it. In addition,

ACTION: Final rule. information to, and the acquisition of since this rule is procedural in nature, it

SUMMARY: The CAB hereby eliminates credit information from, credit reporting does not constitute a rule which is

its rules concerning the filing or agencies. The Act specifically eliminates covered by the Regulatory Flexibility

publishing of unrealistic flight schedules. the previous Privacy Act impediments to Act, 5 U.S.C. 601, et seq., since it does

In addition, reporting requirement credit reporting of consumer debts, but not have a significant economic impact

concerning airborne times, which has does not mention credit reporting of on a substantial number of small

been waived since 1981, is also commercial debts. On July 2, 1984, 49 FR entities. SBA certifies that this

eliminated. In place of the rule, the CAB 27138, SBA published a final rule rulemaking contains no reporting or

is concurrently adopting a policy concerning debt collection. That rule, recordkeeping requirements which are

statement that states that unrealistic appearing at 13 CFR Part 140, sets forth subject to the Paperwork Reduction Act,

scheduling will be considered an unfair proposed procedures for (1) disclosing 44 U.S.C. Chapter 35.

and deceptive practice and an unfair information regarding individual debtors

List of Subjects in 13 CFR Part 102 method of competition under section 411 to consumer reporting agencies, (2)

of the Federal Aviation Act. This action offsetting the Federal pay of current and Freedom of Information. Privacy.

is taken at the Board's initative. former SBA employees who are indebted to the United States, and (3)

Accordingly pursuant to section DATES: Adopted: October 2, 1984. withholding money payable by the

5(b)(4) of the Small Business Act (15 Effective: November 16, 1984. United States to, or held by the United U.S.C. 634(b)(4), Part 102 of 13 CFR is

FOR FURTHER INFORMATION CONTACT: States on behalf of, a person to satisfy a amended to read as follows:

Alexander J. Millard, Office of the debt owed to SBA by such person. Such PART 102-DISCLOSURE OF

General Counsel, (202) 673-6011, or Part also permits SBA to withhold INFORMATION AND PRIVACY ACT OF

Joanne Petrie, Office of the General money due an individual where such 1974

Counsel, (202) 673–5442, Civil individual is indebted to the United

Aeronautics Board, 1825 Connecticut States. The regulation, like the Debt Subpart A-Disclosure of Information

Avenue, NW., Washington, D.C. 20428. Collection Act, speaks only to credit

SUPPLEMENTARY INFORMATION: By EDRbureau reporting of consumer debt, and Section 102.3(b)(2) (v) and (vi) are 301B/PSDR-79, 48 FR 29879, June 29, is silent as to the reporting of revised to read as follows:

1983, the Board proposed to replace Part commercial debt.

234, which governs the scheduling of By Bulletin No. 83–21, the Office of $ 102.3 Information and records available

flights by certificated air carriers, with a to the public and exempt from disclosure. Management and Budget directed all

policy statement that the Board finds Executive Departments and

unrealistic scheduling to be an unfair Establishments to, among other things,

(b) Information and records relating

and deceptive practice and an unfair report “all non-tax commercial debts to SBA assistance programs. (1)

method of competition under section 411 and all delinquent, non-tax consumer

(2) Information exempt from

of the Federal Aviation Act. Currently, debts to credit reporting agencies." disclosure to the public includes:

Part 234 prohibits certificated air These reportings were designed to

carriers performing scheduled passenger increase the efficiency of government- (v) Information concerning losses, service in interstate air transportation wide efforts to collect debts owed the delinquencies and defaults in individual from filing or publishing unrealistic United States. This amendment provides cases, except that such information may flight schedules. Part 234 requires these

Page 12

List of Subjects in Part 399

Administrative practice and procedure, Advertising, Air carriers, Airports, Antitrust, Archives and records, Consumer protection, Freight forwarders, Grant programsTransportation, Hawaii, Intergovernmental relations, Motor carriers, Puerto Rico, Railroads, Reporting requirements, Travel agents, Virgin Islands.

Board's interpretation of section 411 of carriers performing scheduled passenger the Act that is currently expressed in service in interstate air transportation Part 234 without płacing any new

from filing or publishing unrealistic burdens on small businesses.

flight schedules, and requires some of

these air carriers to file monthly reports List of Subjects in 14 CFR Part 234

with the Board on schedule arrival Air carriers, Consumer Protection. performance. In its place, the CAB is All Members concurred except Vice

adopting a new policy statement that Chairman McConnell who concurred and unrealistic scheduling will be dissented and filed the following concurring

considered an unfair and deceptive and dissenting statement.

practice and an unfair method of

competition under section 411 of the Statement of Vice Chairman McConnell

Federal Aviation Act. This action is I concur with the majority in the taken at the Board's initiative. elimination of Part 234 concerning

DATES: Adopted: October 2, 1984. unrealistic scheduling by certificated air

Effective: November 16, 1984. carriers. However, I do not agree that this rule should be replaced with a

FOR FURTHER INFORMATION CONTACT: policy statement in section 399.81.

Alexander J. Millard, Office of the The Board has authority to act under

General Counsel, (202) 673-6011, or section 411 against deceptive practices Joanne Petrie, Office of the General in both foreign and domestic air

Counsel, (202) 673-5442, Civil transportation, and has exercised that Aeronautics Board, 1825 Connecticut authority on an ad hoc basis when a Avenue, NW., Washington, D.C. 20428. problem is proven. There is no evidence

SUPPLEMENTARY INFORMATION: In ERof record that an industry-wide problem

1393, adopted concurrently, the Board exists that would call for a Board policy

removed and reserved Part 234, Flight or rule statement.

Schedules of Certificated Air Carriers; I see no reason to merely describe

Realistic Scheduling Required. That statutory authority in a policy statement,

part prohibited certain air carriers from If a carrier schedules flights in an unfair

publishing unrealistic flight schedules or deceptive way the Board should take

and required carriers in the top 200 city enforcement action under section 411 of

pairs to file monthly reports with the the Act.

Board. Barbara E. McConnell

This final rule changes the title of Accordingly, the Civil Aeronautics

$ 399.81 from Deceptive practices in the Board revises Chapter II of 14 CFR as

advertising of scheduling performance, follows:

to Unrealistic or deceptive scheduling, 1. The authority for Part 234 is:

and adds a new paragraph (a). That Authority: Secs. 204, 404, 405, 411 of Pub. L. paragraph states that it is the policy of 85–726, as amended; 72 Stat. 743, 760, 769; 49 the Board to consider unrealistic U.S.C. 1324, 1374, 1375, 1381.

scheduling of flights by any certificated

air carrier providing scheduled PART 234–{REMOVED)

passenger air transportation to be an 2. 14 CFR Part 234, Flight Schedules of competition within the meaning of

unfair or deceptive method of Certificated Air Carriers; Realistic

section 411 of the Act. The previous Scheduling Required is removed and

8 399.81 is retained unchanged as reserved.

paragraph (b). By the Civil Aeronautics Board:

Additional background information Phyllis T. Kaylor,

and reasons for the adoption of this rule Secretary

are set forth in ER-1393, which is also (FR Doc. 84-27465 Filed 10-16-84; 8:45 am)

published today. Regulatory Flexibility Act

In accordance with 5 U.S.C. 605(b), as 14 CFR Part 399

added by the Regulatory Flexibility Act, (Policy Statements Amdt. No. 86 to Part 399 Pub. L. 96-534, the Board certifies that Docket 27891; Reg. PS-111]

this rule will not have a significant Statements of General Policy

economic impact on a substantial

number of small entities. The policy AGENCY: Civil Aeronautics Board.

statement in § 399.81 will replace the ACTION: Final rule.

Board's interpretation of section 411 of

the Act that was expressed in Part 234 SUMMARY: The CAB is eliminating its without placing any new burdens on rule that prohibits certificated air

small businesses.

Accordingly, the Civil Aeronautics Board revises Part 399, Policy Statements, as follows:

1. The authority for Part 399 is: Authority: Secs. 101, 102, 105, 204, 401, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 414, 416, 801, 1001, 1002, 1102, 1104 of Pub. L. 85– 726, as amended, 72 Stat. 737, 740, 92 Stat. 1708, 72 Stat. 743, 754, 757, 758, 760, 763, 766, 787, 768, 769, 770, 771, 782, 788, 797; 49 U.S.C. 1301, 1302, 1305, 1324, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1381, 1382, 1384, 1386, 1461, 1481, 1482, 1502, 1504; Pub. L. 96354, 5 U.S.C. 601.

2. Section 399.81 is revised by amending the title and by adding a new paragraph (a), so that it reads: 8 399.81 Unrealistic or deceptive scheduling.

(a) It is the policy of the Board to consider unrealistic scheduling of flights by any certificated air carrier providing scheduled passenger air transportation to be an unfair or deceptive practice and an unfair method of competition within the meaning of section 411 of the Act.

(b) With respect to the advertising of scheduled performance, it is the policy of the Board to regard as an unfair or deceptive practice or an unfair method of competition the use of any figures purporting to reflect schedule or on-time performance without indicating the basis of the calculation, the time period involved, and the pairs of points or the percentage of systemwide operations, thereby represented and whether the figures include all scheduled flights or only scheduled flights actually performed.

All Members concurred except Vice Chairman McConnell who concurred and dissented and filed a concurring and dissenting statement which is included in Regulation ER-1393.

By the Civil Aeronautics Board. Phyllis T. Kaylor,

Secretary

Page 13

defined in rule 106–1 under the Investment close of the registrant's most recent fiscal Settlement of Securities Transactions Company Act of 1940 (17 CFR $ 270.106-1), or year.

(the “National System"). their parents, identify those brokers or dealers and state the value of the registrant's Instruction

EFFECTIVE DATE: December 31, 1984. aggregate holdings of the securities of each The registrant need only disclose

FOR FURTHER INFORMATION CONTACT: subject issuer as of the close of the

information with respect to an issuer that registrant's most recent fiscal year. derived more than 15% of its gross revenues

Sandra Sciole, Esq. at (202) 272-2855, from the business or a broker, a dealer, an

Division of Market Regulation, Instruction

underwriter, or an investment adviser during Securities and Exchange Commission, The registrant need only disclose

its most recent fiscal year. If the registrant 450 5th Street, NW., Washington, D.C. information with respect to an issuer that has issued more than one class or series of

20549. derived more than 15% of its gross revenues stock, the requested information must be from the business of a broker, a dealer, an disclosed for the class or series that has

SUPPLEMENTARY INFORMATION: On June underwriter, or an investment adviser during securities that are being registered.

10, 1983, the Securities and Exchange its most recent fiscal year. If the registrant has issued more than one class or series of

Commission issued Securities Exchange Regulatory Flexibility Certification

Act Release No. 19861 (the "Proposing stock, the requested information must be

Pursuant to section 605(b) of the

Release") proposing for comment, disclosed for the class or series that has Regulatory Flexibility Act (15 U.S.C. securities that are being registered.

among other things, amendments to 605(b)], the Chairman of the Commission

certain rules respecting performance of previously certified that adoption of 9. By revising the second paragraph

transfer agent functions.2 These revised rule 2a19–1 and rule 106–1 will and the instruction in item 11 of form N- · not have a significant impact on a

amendments would establish a 8B-2 described in § 274.12 to read as substantial number of small entities. No

minimum performance standard for follows:

transfer agents that receive fewer than comments were received on that

500 securities certificates for processing certification. $ 274.12 Form N-8B-2, registration

or transfer during any six consecutive statement of unit investment trusts which Statutory Basis

months. (Because these transfer agents are currently issuing securities.

Revised rule 2a19–1 is adopted

are exempt from the 90 percent three pursuant to sections 6(c) and 38(a) of the business day turnaround 3 requirement Information Concerning the Securities Act (15 U.S.C. 80a-6(c) and 80a-37(a)). of Rule 17Ad-2(a), they are generally Underlying the Trust's Securities

Rule 10b-1 is adopted pursuant to the referred to as "exempt transfer agents.") Item 11

provisions of section 38(a). Technical In response to the Proposing Release, If the trust owns or will own any securities

amendments to investment company the Commission received seven letters of its regular brokers or dealers as defined in registration statement forms are adopted commenting on the amendments to rule 10b-1 under the Act (17 CFR 270.106-1). pursuant to sections 8, 30 and 38(a) of Rules 17Ad-1 and 17Ad-2.5 Nearly all of or their parents, identify those brokers or the Act (15 U.S.C. 80a-8, 80a-29 and dealers and state the value of the registrant's

the commenters supported stricter 80a-37(a)) and sections 7, 10 and 19 of aggregate holdings of the securities of each

turnaround standards for exempt the Securities Act of 1933 (15 U.S.C. 779, subject issuer as of the close of the

transfer agents with respect to registrant's most recent fiscal year. 77 and 778)

depository-eligible issues; some of the

Dated: October 12, 1984. Instruction

commenters, however, suggested Shirley E. Hollis,

changes to reduce transfer agent The registrant need only disclose information with respect to an issuer that Acting Secretary

compliance costs. As discussed below, derived more than 15% of its gross revenues (FR Doc. 84-27501 Filed 10-16-84; 8:45 am]

the Commission is adopting the from the business of a broker, a dealer, an

proposed amendments with certain underwriter, or an investment adviser during

modifications responsive to its most recent fiscal year. If the registrant

commenters' suggestions. has issued more than one class or series of 17 CFR Part 240 securities, the requested information must be disclosed for the class or series that has [Release No. 34-21375; File No. 980)

148 FR 28100 (June 20, 1983). securities that are being registered.

2 See Rules 17Ad-1 through 17 Ad-7, 17 CFR Prompt Transfer of Securities

240.17Ad-1 through 240.17 Ad-7 (the "Turnaround

Rules"). 10. By revising paragraph (e) and the AGENCY: Securities and Exchange

3 "Turnaround" is defined in Rule 17Ad-1(e). instruction to paragraph (e) in item 8 of Commission.

4 See Rule 17Ad 4, 17 CFR 240.17Ad-4, which form N-8B-4 described in § 274.14 to ACTION: Adoption of amendments to

exempts these transfer agents from several of the read as follows:

performance and recordkeeping requirements of the rules.

turnaround rules, including the requirement that 8 274.14 Form N-8B-4, registration

they turnaround, on a monthly basis, 90 percent of SUMMARY: The Securities and Exchange all routine items presented for transfer within three statement of face-amount certificate

Commission (the "Commission") is business days. Under Rule 17Ad-4, however, companies.

adopting amendments to certain rules exempt transfer agents are still subject to certain under the Securities Exchange Act of

performance, recordkeeping and reporting Item 8. Investments in securities.

requirements. See 17 CFR 240.17Ad-41b). 1934 (the "Act") that will subject low

* See File No. 57-980. The Commission received volume transfer agents that handle comment letters from the Office of the Comptroller (e) If the registrant has acquired during its depository-eligible securities to stated of the Currency, the American Bankers Association, most recent fiscal year or during the period of turnaround performance time-frames.

American Stock Transfer, Inc., the Depository Trust time since organization, whichever is shorter,

Company, the First National Bank of Boston, the The Commission believes that these securities of its regular brokers or dealers as

National Association of Securities Dealers, and defined in rule 10b-1 under the Act (17 CFR

Page 14

2. 48 CFR Part 504 is amended as follows:

PART 504–ADMINISTRATIVE MATTERS

3. The Table of Contents for Part 504 is amended to add two new Subparts 504.1 and 504.2 and related sections to read as follows: Subpart 504.1-Contract Execution 504.103 Contract clauses. Subpart 504.2-Contract Distribution 504.201 Procedures.

4. The Table of Contents for Part 504 is amended to revise the title in section 504.7001-3 to read as follows: 504.7001-3 Order and call instrument

identification number. 5. Subpart 504.1 and section 504.103 is added to read as follows: Subpart 504.1-Contract Execution 504.103 Contract clause.

Agency procedures do not require the use of the clause at FAR 52.204–1, Approval of Contract, in solicitations and contracts.

6. Subpart 504.2 and section 504.201 is added to read as follows:

Subpart 504.2-Contract Distribution 504.201 Procedures.

The contract distribution procedures in FAR 4.201 are supplemented to provide that when a “Duplicate Original" of the contract or modification is forwarded to the paying office it shall be certified as a true copy by the contracting officer on the award or modification form (i.e., SF 26, 33, 1442 etc.). The contracting officers original handwritten signature, in ink, must be placed on the award form certifying the copy as a "true copy”. This requirement does not apply to:

(a) Leases of real property; (b) Schedule contracts, or

(c) Standard or GSA multipage purchase/delivery order carbon forms.

7. Section 504.471(b) paragraphs (5) through (13) are revised to read as follows: 504.471 Processing security requirements checklist (DD Form 254).

from which this contract evolved and outside the inspection responsibility of
indicate whether accountability for the cognizant security office in item 15.
classified material on the preceding (11) Item 11: Check the appropriate
contract is or is not transferred to the box for each item listed. Use the
follow-on contract.

"Remarks” column to elaborate as (7) Item 7: If there is a prime contract, necessary. When either the complete items 7a and 7b, and 7c

RESTRICTED Data, Cryptographic showing the complete name and address Information, or Communication of the prime contractor's facility that Analysis Information block is checked will receive classified information in the "yes," identify the applicable performance of the prime contract classification guide(s) pertinent to the identified in item 3a along with the contract or attach them to the DD Form responsible security office of that

254. If these extracts are classified, facility. If there is no prime contract and forward them by separate item 3c is completed, enter instead in correspondence. If it is necessary to items 7a and 7b the name and address check "yes" to the Defense of the contractor's facility to which the Documentation Center of Defense DD Form 254 is to be sent in connection Information Analysis Center services, with the RFP, RFQ, or IFB, or GSA coordinate with the GSA Office of program as described in GSAR 553.401, Internal Security (ATO), Office of and the responsible security office of Oversight. that facility. The identity of the

(12) Item 12: Enter the name, address, responsible security office is obtainable telephone number, and office symbol of from Section II of the GSA Form 1720. the GSA official to whom inquiries (8) Item 8: If there is a first tier

pertaining to classification guidance subcontract, complete items 8a and 8b determinations or interpretations for the showing the complete name and address subcontract are to be directed. (This of the subcontractor's facility that will item must be completed even if the receive classified information in

official is the same as the official performance of the subcontract listed in identified in item 16(e).) In first tier item 3b. If there is no first tier

subcontracting situations, show the subcontract and item 3c is completed, name, address, and telephone number of enter instead the name and address of the responsible official in the facility of the subcontractor's facility to which the the prime contractor listed in item 7a. In DD Form 254 is to be sent in connection subcontracting situations beyond the with RFP, RFQ, IFB, and the responsible first tier, show the name, address, and security office of that facility.

telephone number of the responsible (9) Item 9: List in the proper order of official in the subcontractor's facility succession beginning with the second listed in item 3b or item 8, as tier, the subcontract's identification appropriate to whom inquiries number and the complete name and pertaining to classification guidance address of the subcontractor of each determinations or interpretations for the successive tier, down to and including subcontract are to be directed. the subcontractor's facility for which the (13) Item 13: Strike through "Direct" DD Form 254 is being provided, and the and "Through" boxes and enter "To: responsible security office of such last

Director, Office of Internal Security facility. If item 3c is completed, the last (ATON), General Services entry should be the name and address of Administration Washington, DC 20405." the subcontractor's facility to which the particular DD Form 254 is to be sent in

8. Section 504.671(b) paragraphs (7) connection with the RFP, RFQ, or IFB, and the responsible security office of

and (8) are revised to read as follows: such facility.

504.671 Reporting taxpayer identification (10) Item 10: Under item 10a, include a numbers, brief unclassified statement or notation of sufficient information to identify the (b) nature of the procurement or program. If (7) When a prospective contractor an unclassified notation cannot be fails to provide its TIN in an offer, it made, enter the word "classified." shall be handled as a minor informality. Usually, item 10c is checked "no." If a The contracting officer shall request that case arises where the contracting officer the prospective contractor cure the believes item 10c should be checked deficiency by providing the number. If "yes," the Director, Office of Internal the prospective contractor refuses, the Security should be contacted for further contracting officer should inform the guidance.

offeror that the Tax Equity and Fiscal Under item 10d, check "yes" or "no". Responsibility Act of 1982 (Pub. L. 97If necessary, identify the specific areas 248), as amended by Pub. L. 98-67, or elements of the contract which are requires that Government agencies

Page 15

Wednesday, October 17, 1984

This section of the FEDERAL REGISTER
contains notices to the public of the
proposed issuance of rules and
regulations. The purpose of these notices
is to give interested persons an
opportunity to participate in the rule
making prior to the adoption of the final rules.

DEPARTMENT OF AGRICULTURE

Federal Grain Inspection Service

Fees for Official Services Performed by Agencies

AGENCY: Federal Grain Inspection Service, USDA. ACTION: Proposed rule.

SUMMARY: In compliance with the
requirement for the periodic review of existing regulations, the Federal Grain Inspection Service (FGIS or Service) has reviewed its regulation on fees for official services performed by agencies. FGIS proposes to amend this regulation by revising the approval requirements for ageny fees and adding or restating certain conditions for determining if the fees are reasonable and nondiscriminatory. Also proposed are requirements that fee schedules shall include fees all official servcies which agencies are delegated or designated the authority to perform, that fee schedules

shall be prepared in a standard format,

SUPPLEMENTARY INFORMATION:

stated in this section may be charged by Executive Order 12291

an agency, and adding a general This proposed rule has been issued in

provision for case-by-case exceptions to conformance with Executive Order

the fee schedule approval requirements. 12291 and Departmental Regulation

When the current regulation was 1512–1. The action has been classified

promulgated on March 11, 1980, an as “nonmajor" because it does not meet exception provision was established to the criteria for a major regulation

provide interim approval of all agency established in the Order.

fee schedules which were in effect on

March 11, 1980. Since then, all agencies Regulatory Flexibility Act Certification

have received approval of their revised Kenneth A. Gilles, Administrator, fee schedules. Therefore, this exception FGIS, has determined that this proposed clause is no longer necessary. rule will not have a significant economic Currently, $ 800.70 provides that only impact on a substantial number of small

fees which are approved as reasonable entities as defined in the Regulatory and nondiscriminatory may be charged Flexibility Act (5 U.S.C. 601 et seq.) by an agency. However, in reaching this because most users of the official determination, there are certain other inspection and weighting services and

criteria in $ 800.70 that are considered those entities that perform these entities during the review for approval process. that perform these services do not meet Therefore, FGIS proposes to clarify the the requirements for small entities. section to state that agency fees must Collection of Information Requirements meet all the requirements of $ 800.70 as

a condition for approval.
In compliance with the Office of Management and Budget (OMB)

2. FGIS recognizes that all agencies regulations (5 CFR Part 1320) which

may not be able to meet all of the implement the Paperwork Reduction Act

requirements unconditionally. of 1980 (Pub. L. 96–511) and section

Therefore, FGIS proposes to grant case3504(h) of that Act, the previously

by-case exceptions to the requirements approved information collection and

of $ 800.70 if the proposed exception can recordkeeping requirements contained

be justified by the agency, and if a in this proposed rule have been

determination is made that the agency's submitted to OMB for review.

fees are reasonable and Comments concerning these

nondiscriminatory. These proposed requirements should be directed to the

provisions reflect more clearly the Office of Information and Regulatory

Service's policy for reviewing for Affairs of OMB, Attention: Desk Officer

approval agency fee schedules. for the Department of Agriculture, Room

3. Adding a new paragraph (C)(4). 3201, NEOB, Washington, D.C. 20503.

requiring that fees be supported by

sufficient information showing how they Review of Regulations

were developed. Such information is The review of the regulations

needed by FGIS to help determine concerning fees for official services whether the fees are reasonable. performed by agencies included a

4. Amending paragraph (e) by adding determination of the continued need for the requirement that fee schedules shall and consequences of the regulation. An include fees for all official servcies objective of the review was to ensure which agencies are delegated or that the regulations are serving their designated the authority to perform, and intended purpose, the language is clear, be in a standard format in accordance and the regulations are consistent with with instructions issued by the Service. FGIS policy and authority. FGIS has

5. Currently, many agencies provide determined that, in general, these

fees only for services which are regulations are serving their intended customarily requested in their purpose, are consistent with FGIS policy geographic area. When an applicant and authority, and should remain in requests an official service which is not effect. FGIS, however, proposes to addressed in an agency fee schedule, amend $ 800.70 by:

the agency must revise its fee schedule 1. Amending paragraph (b) Approval and request FGIS approval of the required by deleting the provision for proposed revision. Some fee revision internal approval of certain fee

requests would be eliminated if each schedules, adding the requirement that agency were required to provide a fee only fees which meet the requirements for all official services which the agency

Page 16

management efforts of the issuer, some underwriters are concerned that they may be liable if the issuer does not act in accordance with its disclosed policy. In some cases, the underwriter has retained the right to veto any investment decision of the institution under the program. While the Board recognizes that the concerns of underwriters prompting such provisions may be valid, it is concerned that such provisions may effectively abrogate the institution's asset management responsibility and, further, may result in the institution becoming overly dependent upon the underwriter and encourage "brokerage deals" in which third parties take control of significant portions of an institution's asset and liability business. The Board is therefore proposing that no person other than the institution may exercise control over assets upon which the interest index is based or assets otherwise acquired in connection with the issuance of earnings-based accounts. This provision would not infringe on traditional contract provisions ensuring compliance with established prudent loan undewriting or asset acquisition standards. In addition, this proposed provision would not, of course, prohibit a borrower whose loan is being used in such a program from exercising control over the property in accordance with his ownership rights. 5. Disclosure and Related Issues

The Board has observed a number of potentially serious problems which could arise with respect to earningsbased accounts which would not be present for accounts with fixed interest rates or interest rates tied to indices outside the control of the insured institution. These concerns arise primarily in three areas. First, the depositor's return is dependent to a large extent upon the institution's ability to acquire high-quality assets and manage them so as to provide depositors with high rate of return. Thus the return on earnings-based accounts depends in part upon the management expertise of the issuer, although the principal must be guaranteed by the issuer and is insured by the FSLIC. The Board wishes to ensure, therefore, that potential investors have sufficient information as to the issuer's expertise and other material factors upon which to base their investment decision. Second, the Board is concerned that some institutions may attempt to abuse their control over the assets used to establish the return on earnings-based accounts by using low-quality assets to create their indices while retaining full use of their higher-quality assets. Third, the Board is concerned that the

institution's ability to control the method of accounting for income from the assets could be abused to the detriment of the account holders.

To address these concerns, the proposal would require that, in connection with the issuance, purchase, sale, or redemption of any earningsbased account, the institution and its agents must disclose all material facts to the depositor. In addition, the proposal would prohibit fraudulent or deceptive practices by institutions and their agents in connection with any such issuance, sale, or redemption of earnings-based accounts.

The Board believes that this provision will encourage full and accurate disclosure of all material facts relating to earnings-based accounts to prospective depositors. Facts which the Board would deem to be material include, but are in no way limited to: identification of the index to be used in determining the rate of interest payable; the method used to calculate the actual interest to be paid; the minimum and/or guaranteed interest payable on the accounts; the limitations on FSLIC insurance coverage on contingent unaccrued interest; a description and analysis of the issuer's loan underwriting and management capabilities and experience; disclosure of any conflict of interest involved in or potentially affecting the program; and a statement that earnings-based accounts do not and cannot convey any ownership or security interest in the assets used to calculate the interest payable on the accounts. 6. Securities-Tied Accounts

The Board is aware of a growing interest on the part of insured institutions in the possibility of issuing insured accounts which would could be converted into stock of the issuing institution or which would be attached to warrants or options for the purchase of such stock. The Board is concerned that this constitutes a potential misuse of FSLIC insurance coverage on the account facet of the transaction while conveying an actual or potential own

vnership interest in the issuer. In addition, the Board believes that the addition of such a feature to an earnings-based account would result in equity features becoming predominant in the instruments, and thus would render them ineligible for FSLIC insurance coverage. The Board also believes that there is a great potential for confusion and abuse in the sales of such "packages" because of the difficulty in determining the insurance coverage and other rights created by an investment which attempts to be both an

insured account and an equity
investment. Therefore, the Board is
proposing to prohibit the issuance or
sale by an institution of insured
accounts where such sale is linked in
any manner to the purchase of any security

7. Accounts Issued to Owners of Pool

The Board is also concerned that some persons may wish to use these programs as a means of obtaining FSLIC insurance for their own investment in assets by using the insured institution as a straw party. The Board believes that such a practice would be abusive. Therefore, the proposal would require insured institutions issuing earningsbased accounts to take reasonable steps to ensure that persons having any interest in the underlying assets, including ownership of property securing loans in the pool, do not acquire these accounts. Such steps would include, but would not be limited to, the placement of a restrictive legend on the account instruments. Insurance Coverage of Contingent Interest Amounts

A number of earnings-based CD programs provide for the use of the institution's interest in "equity kicker" loans or shared appreciation loans in calculating the contingent interest payable to the account holders. In some cases, where the interest on the accounts is calculated on the basis of the performance of a pool of such loans, this component of the interest is calculated on the basis of the funds derived from the total equity participations of the pool. However, such interest cannot be calculated until the institution actually receives the funds at the maturity of the loans or the sale of the mortgaged properties. Questions have arisen as to the manner in which FSLIC insurance coverage on such interest amounts would be determined

The Board believes that it is inappropriate for the FSLIC to insure the mere expectations, as opposed to actual rights, of depositors under these or other programs not providing for specific interest rates. This is in accordance with the provisions of Title IV of the National Housing Act, which provides that accounts are insured up to the withdrawable value of the account. See 12 U.S.C. 1724(a). Under the current regulations, the insured amount of an account is the net withdrawable value of the account as of the date default. See 12 CFR 564.1(b). Contingent amounts of interest would not be withdrawable

and-soundness principles. Other alternatives, such as prohibiting such accounts entirely, would eliminate the benefits which they may offer to institutions and account customers. List of Subjects in 12 CFR Parts 563 and 564.

Banks, banking, Bank deposit insurance, Federal Home Loan Bank Board, Federal Savings and Loan Insurance Corporation, Savings and loan associations.

Accordingly, the Board hereby proposes to amend Parts 563 and 564, Subchapter D, Chapter V, Title 12 of the Code of Federal Regulations, as set forth below. Subchapter Federal Savings and Loan Insurance Corporation

1. Add new $ 563.3-10 as follows:

under the terms of the account because they would not have unconditionally accrued to the account holders.

While the Board believes that the existing regulations provide some guidance as to the treatment of contingent interest in insurance settlement (e.g. a contingent interest would not be deemed to be withdrawable, as it would not have accrued), it believes that the use of the term "withdrawable" in the statute needs clarification. In practice, the use of "net withdrawable value" as used in Part 564 is often confused with early withdrawal penalty considerations, which are not relevant in determining insurance coverage. In fact, the question of the value of an account does not depend upon the amount which the depositor would have been able to withdrew himself on the date of default, but upon the amount for which the insured institution is unconditionally liable to the insured member as of that date. Therefore, the proposal would amend Part 564 to provide that the insured amount of an account does not include any interest or principal the payment or accrual of which is subject to any contingency under the terms of the account agreement.

In addition, earnings-based accounts would not be permitted to contain provisions for maturity in the event of insolvency of the institution, enforcement of other regulatory or supervisory action by regulatory authorities (other than an action to terminate an institution's status as an insured institution), or the appointment of a conservator or receiver. This provision would prevent institutions from attempting to evade the general insurance provision by using the insolvency of the institution to trigger the accrual of contingent interest, where the institutions would have no liability for such "interest" if it were healthy. The Board believes that these provisions would clarify the operation of the statute and the regulations with respect to these and other forms of account. Monitoring of Earnings-Based Accounts Programs

Because earnings-based accounts programs are both novel and experimental, the Board believes that it is important that the use of such programs by the industry be closely observed, and has directed its Office of Examinations and Supervision to monitor the progress of such issuances and report its findings to the Board prior to consideration of a final regulation in this area.

Effective Date

The Board is aware of a large number of earnings-based accounts programs which, while not commenced as of this date, could be offered to the public in the very near future. For the reasons discussed above, the Board has strong concerns about the safety and soundness of these programs, and with the status of some earnings-based instruments as accounts. The Board is concerned that a large number of institutions may attempt to put their programs on the market before a final rule on this subject could go into effect. The proposal therefore provides that, if the portions of the proposal regarding earnings-based accounts were adopted as a final rule in substantially their proposed form, they would apply to all accounts issued on or after October 17, 1984, the date of the publication of this proposal. The Board is also aware, however, that several institutions have offered or are offering earnings-based deposits under programs which were submitted to their Supervisory Agents for approval and were approved by the Supervisory Agents for approval and were approved by the Supervisory Agent prior to the commencement of the offering. Because the Board does not wish to prejudice institutions that affirmatively relied on Board action prior to the issuance of this proposal, the rule would expressly provide that it would not, except for that portion regarding the insurance treatment of contingent interest amounts, apply to such programs. Initial Regulatory Flexibility Analysis

Pursuant to Section 3 of the Regulatory Flexibility Act, Pub. L. No. 96–354, 94 Stat. 1164 (Sept. 19, 1980), the Board is providing the following initial regulatory flexibility analysis:

1. Reasons, objectives, and legal bases underlying the proposed rules. These elements have been discussed elsewhere in the supplementary information regarding the proposal.

2. Small entities to which the proposed rules would apply. The rules would apply to all insured institutions.

3. Impact of the proposed rules on small institutions. To the extent that the rules would affect small institutions, this has been discussed elsewhere in the proposal.

4. Overlapping or conflicting federal rules. There are no federal rules which duplicate, overlap, or conflict with the proposed rules.

5. Alternatives to the proposed rules. The proposal would permit issuance of earnings-based accounts to the maximum extent consistent with safety

$ 563.3-10 Earnings-based accounts.

(a) Definition. An earings-based account is any account that provides for the payment of interest which is determined, to any extent, directly or indirectly, with reference to an index based upon the profitability of specified assets which are, directly or indirectly, owned by or under or within the control of the insured institution (“contingent interest"): Provided, that earnings-based instruments are not accounts if they: (1) provide for or permit the payment of contingent interest to insured members in excess of 70 percent of the dollar amount of fixed or unconditionally guaranteed interest payable on the account; (2) grant the investor an ownership interest of any kind, other than a security interest arising from operation of law, in such assets, or (3) put the investor's funds at risk by providing for negative interest or by limiting the obligation to repay principal on the basis of asset performance.

(b) Limitations. if authorized by applicable law, an insured institution may issue earnings-based accounts only in accordance with the following conditions:

(1) The total outstanding amount of all such accounts iss equal to ve percent of the insured institution's assets, except that such amount may be increased to 20 percent of the insured institution's assets with prior approval of the Supervisory Agent pursuant to paragraph (c) of this section, if the Supervisory Agent finds that: (i) The insured institution meets or exceeds the net-worth test contained in $ 563.4(a) of this Part or any amount of net worth required to be maintained in an

as of the date of the default, plus interest on any savings account accrued to such date or dividends prorated to such date of the announced or anticipated rate without regard to whether such account is subject to any pledge: Provided, that the amount of an insured account shall not include any amount the accrual or payment of which is contingent or which has not been announced as of the date of default under the terms of the account. In the case of a savings account with a fixed or minimum term or a qualifying or notice period that has not expired as of such date, dividends or interest thereon shall be computed as if the account could have been withdrawn on such date without any penalty or reduction in the rate of earnings.

applicable supervisory directive or operating agreement, whichever is greater; (ii) the growth of the insured institution's deposit base has not been excessive nor would be so as a result of the proposed offering; (iii) the insured institution's underwriting experience indicates an ability to adequately underwrite the loans anticipated to be used in calculating in the index under the program; (iv) the insured institution meets the asset-composition test imposed on an institution seeking to qualify as a "domestic building and loan association" pursuant to section 7701(a) of the Internal Revenue Code of 1954 (as amended); and (v) there are no other bases for supervisory concern with respect to such insured institution;

(2) The insured institution is in compliance with its regulatory net-worth requirements under $ 563.13(b) of this part:

(3) Assets the income or return on which is the basis for the index used in the accounts may only be loans secured by real property.

(4) Only the insured institution, and no other person, may exercise control over the selection or disposition of assets upon which the index is based or assets otherwise acquired in connection with the issuance of such accounts;

(5) No insured institution or its agents shall, directly or indirectly, (i) employ any device, scheme, or artifice to defraud, (ii) make any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances in which they were made, not misleading, or (iii) engage in any act, practice, or course of business which operates or would operate as a fraud or deceit on any account holder, in connection with the sale of issuance of any earnings-based account;

(6) An insured institution may not pay or commit to pay contingent interest in an amount greater than the amount of income actually received on the assets;

(7) The maturity of an earning-based account may not be conditioned on the financial condition of the insured institution or on any supervisory or other regulatory action, including, but not limited to, the appointment of a conservator or receiver, with respect to such insured institution;

(8) No insured institution shall issue, sell, or otherwise participate in the distribution of any earnings-based account the sale of which is accompanied by a right to purchase a security or any other insured account; and

(9) The issuing insured institution shall use all reasonable means to ensure that persons who hold or have a

beneficial interest in such accounts do not have an interest of any kind in the assets used to calculate the contingent interest. Such means include, but are not limited to, the inclusion of an appropriate legend on the face of the account certificates.

(c) Supervisory Agency approval. (1) An application for prior approval pursuant to paragraph (b)(1) of this section shall be deemed approved by the Supervisory Agent 30 days after notification to the applicant that such application is complete, unless the applicant receives written notice from the Supervisory Agent within such period that objection has been taken. (2) An application shall be deemed to be complete for purposes of this section when the Supervisory Agent has received the following items: (i) a description of the anticipated and the maximum amounts of earnings-based accounts to be offered by the applicant; (ii) information describing in detail the loans to be used in calculating the contingent interest on the certificates; (iii) a description and analysis of the insured institution's underwriting and credit experience in the making of such loans; (iv) the exact method of calculating contingent interest on the certificates; (v) information showing the financial condition of the applicant including, but not limited to, the applicant's net worth; (vi) a detailed analysis showing the extent to which the proposed offering would affect the applicant's exposure to interest-rate and credit risk; (vii) information describing the applicant's deposit growth over the preceding three calendar years; and (viii) a copy of a resolution adopted by the applicant's board of directors establishing a business plan designed, in conjunction with the offering, to reduce interest-rate and credit risk to the insured institution.

(d) Effective date. This section shall be effective with respect to any accounts issued or sold on or after October 17, 1984, except that it shall not apply to instruments issued after such date under an earnings-based accounts program the commencement of which was approved by the Supervisory Agent prior to such date.

Authority: Secs. 401–405, 407, 48 Stat. 12551260, Sec. 308, Pub. L. 96–221. as amended; (12 U.S.C. 1724-1728, 1730); Reorg. Plan No. 3 of 1947, 12 FR 4981, 3 CFR, 1943–1948 Comp. p. 1071.

By the Federal Home Loan Bank Board. J.J. Finn,

Secretary.

[Policy Statement Docket 42538; PSDR-84)

Statements of General Policy

Dated: October 2, 1984. AGENCY: Civil Aeronautics Board. ACTION: Notice of Proposed Rulemaking. SUMMARY: The CAB is proposing to amend its new policy statement concerning unrealistic scheduling to include air taxis. The CAB has authority under section 411 of the Federal Aviation Act to prohibit unfair and deceptive practices and an unfair method of competition by all air carriers. This amendment would put air taxis on notice that this policy will also apply to them. This action is taken in response to a comment by Air BVI. DATES: Comments due: November 16, 1984.

Comments and relevant information received after this date will be considered by the Board only to the extent practicable. ADDRESSES: Twenty copies of comments should be sent to Docket 42538, Civil Aeronautics Board, 1825 Connecticut Avenue, NW., Washington, D.C. 20428. Individuals may submit their views as

PART 564-SETTLEMENT OF INSURANCE

2. Revise $ 564.1(b) as follows: $ 564.1 Settlement of insurance upon default.

(b) Amount of insured account. The amount of an insured account is the amount which the insured member would have been entitled to withdraw

List of Subjects in 14 CFR Part 399

Administrative practice and procedure, Advertising, Air carriers, Airports, Antitrust, Archives and records, Consumer protection, Freight forwarders, Grant programsTransportation, Hawaii, Intergovernmental relations, Motor carriers, Puerto Rico, Railroads, Reporting requirements, Travel agents, Virgin Islands. PART 399—[AMENDED)

Accordingly, the Civil Aeronautics Board proposes to amend paragraph (a) of 8 399.81 by removing the word "certificated," so that it would read as follows:

DATE: Comments are invited and may be submitted in writing on or before November 1, 1984. ADDRESS: Comments may be submitted to Headquarters, Department of the Army, Office of The Adjutant General (DAAG-AMR-S), 2461 Eisenhower Avenue, Alexandria, VA 22331-0301. FOR FURTHER INFORMATION CONTACT: Mrs. Karkanen, at the above address; telephone: 703/325-6163. SUPPLEMENTARY INFORMATION: The Department of the Army has determined that this revision is not a major rule as defined by Executive Order 12291, is not subject to the relevant provisions of the Regulatory Flexibility Act of 1980 (Pub. L. 90–354), and does not contain reporting or recordkeeping requirements under the criteria of the Paperwork Reduction Act of 1980 (Pub. L. 96-511). List of Subjects in 32 CFR Part 505

Privacy.

Accordingly, it is proposed to revise Part 505 of 32 CFR to read as follows:

8 399.81 Unrealistic or deceptive scheduling.

(a) It is the policy of the Board to consider unrealistic scheduling of flights by any air carrier providing scheduled passenger air transportation to be an unfair or deceptive practice and an unfair method of competition within the meaning of section 411 of the Act.

PART 505-THE ARMY PRIVACY PROGRAM

consumers without filing multiple copies. Comments may be examined in Room 711, Civil Aeronautics Board, 1825 Connecticut Avenue, NW., Washington, D.C., as soon as they are received. FOR FURTHER INFORMATION CONTACT: Joanne Petrie, Office of the General Counsel, (202) 673--5442, Civil Aeronautics Board, 1825 Connecticut Avenue, NW., Washington, D.C. 20428. SUPPLEMENTARY INFORMATION: In PS111, which was adopted and published concurrently, the Board added a new paragraph (a) to 14 CFR 399.81. That provision states that the CAB will consider unrealistic scheduling of flights by any certificated air carrier providing scheduled passenger air transportation to be an unfair or deceptive method of competition within the meaning of section 411 of the Act.

Air BVI filed comments in Docket 27891 asking the Board to explicitly prohibit commuter carriers from engaging in unrealistic scheduling practices. It alleged that one of its commuter competitors has published schedules that it cannot possibly perform based on the number of aircraft in its fleet. Air BVI argued that such actions violated section 411 and that commuters should be covered by the policy statement.

The Board notes that section 411 applies to scheduled operations by air taxis. The applicability of the new policy statement in § 399.81(a) was based on Part 234, which had only applied to certificated air carriers. In drafting the language of the new policy statement, the Board did not mean to imply that air taxis were free to engage in unrealistic scheduling practices. The Board, therefore, proposes to amend 8 399.81(a) by removing the word "certificated." this change is designed to put air taxis on notice that the Board will consider unrealistic scheduling to be an unfair and deceptive practice and an unfair method of competition. Regulatory Flexibility Act

In accordance with U.S.C. 605(b), as added by the Regulatory Flexibility Act, Pub. L. 96-534, the Board certifies that this rule would not, if adopted as proposed, have a significant economic impact on a substantial number of small entities. This rule will merely put air taxis on notice that unrealistic scheduling will be considered a violation of section 411 of the Act. The Board currently has this authority under section 411 and could take action against such violations without this policy statement

(Secs. 101, 102, 105, 204, 401, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 416, 801, 1001, 1002, 1102, 1104, of Pub. L. 85-726, as amended, 72 Stat. 737, 740, 92 Stat. 1708, 72 Stat. 743, 754, 757, 758, 760, 763, 766, 767, 768, 769, 770, 771, 782, 788, 797; 49 U.S.C. 1301, 1302, 1305, 1324, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1381, 1382., 1384, 1386, 1461, 1481, 1482, 1502, 1504; Pub. L. 96–354, 5 U.S.C. 601)

All Members concurred except Vice Chairman McConnell who concurred and dissented and filed a concurring and dissenting statement which is included in Regulation ER-1393. Phyllis T. Kaylor, Secretary. (FR Doc. 84-27464 Filed 10-16-848:45 am] BILLING CODE 6320-01-M

Sec. 505.1 General information. 505.2 Individual rights regarding access and

amendment. 505.3 Disclosure of personal information to

other agencies and third parties. 505.4 Record-keeping requirements under

the Privacy Act. 505.5 Exemptions. Appendix A-Example of System of Records

Notice.
Appendix B_Example of Report for New

System of Records.
Appendix C—Provisions of the Privacy Act

from which a General or Specific Exemption may be claimed. Authority: 5 U.S.C. 552a (Pub. L. 93–579); DoD Directive 5400.11 June 9, 1982; and DOD Regulation 5400.11-R, August 31, 1983. $ 505.1 General Information.

(a) Purpose. This regulation explains policies and outlines procedures that govern collecting personal information and safeguarding, maintaining, using, accessing, amending, and disseminating personal information kept by the Department of the Army in systems of records. It applies to all Army activities, including the US Army Reserve and Army National Guard, and the Army and Air Force Exchange Service.

(b) Policy. It is Army policy to:

(1) Protect, as required by the Privacy Act of 1974 (5 U.S.C. 552a), as amended, the privacy of individuals from unwarranted intrusion. Individuals covered by this protection are living citizens of the United States or aliens

Privacy Act of 1974, as Amended; Army Privacy Act Program AGENCY: Department of the Army, DOD. ACTION: Proposed rule. SUMMARY: The Department of the Army proposes to revise Part 505 of 32 CFR. This revision implements 5 U.S.C. 552a (Pub. L. 93–579); DOD Directive 5400.11, June 9, 1982; and DOD Regulation 5400.11-R, August 31, 1983.

lawfully admitted for permanent residence.

(2) Collect only that personal information about an individual which is legally authorized and necessary to support Army operations. Disclose this information only as authorized by the Privacy Act and this regulation.

(3) Keep only personal information that is timely, accurate, complete, and relevant to the purpose for which it was collected.

(4) Safeguard personal information to prevent unauthorized use, access, disclosure, alteration, or destruction.

(5) Let individuals know what records the Army keeps on them and let them review or get copies of these records, subject to exemptions authorized by law and approved by the Secretary of the Army. (See $ 5055.)

(6) Let individuals amend records about themselves contained in Army systems of records which they can prove are factually in error, are not up-to-date, not complete, or not relevant.

(7) Let individuals ask for an administrative review of decisions that deny them access to or the right to amend their records.

(8) Maintain only such information about an individual as is relevant and necessary to accomplish Army purposes required to be accomplished by statute or executive order of the President.

(9) Act on all requests promptly, accurately, and fairly.

(c) Authority. The Privacy Act of 1974 (5 U.S.C. 552a), as amended, is the statutory basis for the Army privacy program. The Act assigns overall Government-wide responsibilities for implementation to the Office of Management and Budget, and specific responsibilities to the Office of Personnel Management and the General Services Administration. Within the Department of Defense, the Act is implemented by DOD Directive 5400.11 and DOD Regulation 5400.11-R.

(d) Terms. The meaning of terms used in this regulation is as follows:

(1) Access. The review of a record or obtaining of a copy of a record or parts thereof in a system of records by an individual.

(2) Agency. For the purpose of disclosing records subject to the Act, the Department of Defense is considered a single agency. For all other purposes, including access, amendment, appeals from denials of access or amendment, exempting systems of records, and record-keeping as regards release to non-DOD agencies, the Department of the Army is an agency.

(3) Access and Amendment Refusal Authority (AARA). The Army Staff agency head or major Army commander

designated sole authority by this
regulation to deny access to, or refuse
amendment of, records in his/her
assigned area of proponency or functional specialization. (See $ 505.1(f).)

(4) Confidential Source. A person or organization that has furnished information to the Federal Government under an express promise that their identity would be withheld or under an implied promise of such confidentiality if this implied promise was made before September 27, 1975.

(5) Data subject. The individual about whom the Army is maintaining information in a system of records.

(6) Disclosure. Giving information about an individual, by any means, to an organization, government agency, or to an individual who is not the subject of the record, the subject's designated agent or legal guardian. Within the context of the Privacy Act and this regulation, this term applies only to personal information that is part of a system of records.

(7) Individual. A living citizen of the United States or an alien admitted for permanent residence. The Privacy Act rights of an individual may be exercised by the parent or legal guardian of a minor or an incompetent. (The Privacy Act confers no rights on deceased persons, not may their next-of-kin exercise any rights for them.)

(8) Maintain. Collect, use, maintain, or disseminate.

(9) Offical use. Any action by a member or employee of DOD which is prescribed or authorized by law or a regulation, and is intended to perform a mission or function of the department.

(10) Personal information. Information about an individual that is intimate or private to the individual, as distinguished from information related solely to the individual's offical functions or public life.

(11) Privacy Act reqeust. A request from an individual for information about the existence of, or for access to or amendment of, a record about him/her that is in a system of records. The request must cite or implicitly refer to the Privacy Act.

(12) Record. Any item, collection, or grouping of information about an individual that is kept by the government including, but not limited to, the individual's home address, home telephone number, social security number, education, financial transaction, medical history, and criminal or employment history, and that contains the individual's name, or the identifying number, symbol, or other identifying particular assigned to the

individual such as a finger or voice print or a photograph.

(13) Routine use. Disclosure of a record outside the Department of Defense without the consent of a subject individual for use that is compatible with the purpose for which the information was collected and maintained by the Department of the Army. The routine use must be included in the published system notice for the system of records involved.

(14) Statistical record. A record maintained only for statistical research or reporting purposes and not used in whole or in part in making determinations about specific individuals.

(15) System manager. The official responsible for policies and procedures for operation and safeguarding a system of records. This official is located normally at Headquarters, Department of the Army.

(16) System of record. A group of records under the control of the Department of the Army from which information is retrieved by the individual's name or by some identifying number, symbol, or other identifying particular assigned to the individual. System notices for all systems of records must be published in the Federal Register. (A grouping or files series of records arranged chronologically or subjectively, that is not retrieved by individual identifier, is not a system of records, even though individual information could be retrieved by such an identifier, such as through a paperby-paper search.)

(e) Responsibilities. (1) The Adjustant General is responsible for staff direction of the Army privacy program. In consultation with the Army General Counsel, he formulates overall policy concerning the Army privacy program.

(2) The Administrative Assistant to the Secretary of the Army and the Director of the Army Staff are responsible for supervision and execution of the privacy program in their respective areas.

(3) Heads of Army Staff agencies, field operating agencies, and commanders of major Army commands and subordinate commands are responsible for supervision and execution of the privacy program in their functional areas and activities under their command.

(4) Heads of Joint Service Agencies or Commands for which the Army is the Executive Agent, or otherwise has responsibility for providing fiscal, logistical or administrative support, will adhere to the policies and procedures in this regulation.

Page 17

(5) Except for statistical records, most alone is requested from the individual, records could be used in making a or the SSN together with other personal determination about an individual's information, the Privacy Act Statement rights, benefits, or privileges. To ensure must make clear that disclosure of the accuracy, personal information to be number is voluntary. If the individual included in a system of records will be refuses to disclose his/her SSN, the collected directly from the individual to Army activity must be prepared to the greatest extent practicable.

identify the individual by alternate Collection of information from third means. parties should be limited to verifying (d) Safeguarding personal information for security or employment information. (1) The Privacy Act suitability determinations or obtaining requires establishment of appropriate performance data or opinion-type

administrative, technical, and physical evaluations.

safeguards to ensure the security and (b) Privacy Act Statement. Whenever confidentiality of records and to protect personal information is requested from against any anticipated threats or an individual which will become part of

hazards to their security or integrity a system of records retrieved by

which could result in substantial harm, reference to the individual's name or

embarrassment, inconvenience, or other personal identifier, the individual unfairness to any individual on whom will be furnished a Privacy Act

information is required. Statement. This is to ensure that

(2) At each location, and for each individuals know why the information is system of records, an official will be collected concerning them and can make designated as having responsibility for an informed decision on whether or not safeguarding the information in that to furnish it. As a minimum, the Privacy

system. Consideration must be given to Act Statement will include the following

sensitivity of the data, need for accuracy information in language which is explicit

and reliability in operations, general and easily understood and not so

security of the area, cost of safeguards; lengthy as to deter an individual from etc. See AR 380-380. Ordinarily, reading it:

personal information must be afforded (1) Cite the specific statute or

at least the protection required for Executive Order, including a brief title

information designated as "For Official or subject, which authorizes the Army to

Use Only" (see Chapter IV, AR 340–17). collect the personal information

Privacy Act data will be afforded requested. Inform the individual

reasonable safeguards to prevent whether or not a response is mandatory

inadvertent or unauthorized disclosure or voluntary, and any possible

of record content during processing, consequences of failing to respond. storage, transmission, and disposal. (2) Cite the principal purpose(s) for

(e) First Amendment rights. No record which the information will be used; and

describing how an individual exercises (3) Cite the probable routine uses for

rights guaranteed by the First which the information may be used. This

Amendment will be kept unless may be a summary of information

expressly authorized by Federal Statute, published in the applicable system

by the individual about whom the record notice.

pertains, or unless pertinent to and

within the scope of an authorized law The above information normally should

enforcement activity. Exercise of these be printed on the form used to record

rights includes, but is not limited to, the information. In certain instances, it

religious and political beliefs, freedom may be printed in a public notice in a

of speech and the press, and the right of conspicuous location such as check

assembly and to petition. cashing facilities; however, if the

(f) System notice. (1) The Army individual requests a copy of its

publishes in the Federal Register a contents, it must be provided.

notice describing each system of records (c) Social Security Number (SSN).

for which it is responsible. A notice Executive Order 9397 authorizes the

contains: Department of the Army to use the SSN

(i) Name and location(s) of the as a system of identifying Army

records; members and employees. Once a

(ii) Categories of individuals on whom military member or civilian employee of records are maintained; the Department of the Army has

(iii) Categories of records in the disclosed his/her SSN for purposes of system; establishing personnel, financial, or (iv) Authority (statutory or Executive medical records upon entry into Army Order) authorizing the system; service or employment, the SSN

(v) Purpose(s) of the system; becomes his/her identification number. (vi) Routine uses of the records, No other use of this number is

including the categories of users and the authorized. Therefore, whether the SSN purpose of such uses;

(vii) Policies and practices for storing, retrieving, access controls, retaining, and disposing of the records;

(viii) Position title and business address of the responsible official;

(ix) Procedures an individual must follow to learn if a system of records contains a record about the individual;

(x) Procedures an individual must follow to gain access to a record about that individual in a system of records, to contest contents, and to appeal initial determinations;

(xi) Categories of sources of records in the system;

(xii) Exemptions from the Privacy Act claimed for the system. (See example notice at Appendix A.)

(2) New, or altered, systems which meet the requirements below, require a report to the Congress and the Office of Management and Budget. A new system is one for which no system notice is published in the Federal Register. An altered system is one which:

(i) Increases or changes the number or types of individuals on whom records are kept so that it significantly alters the character and purpose of the system of records.

(ii) Expands the types of categories of information maintained.

(iii) Alters the manner in which records are organized, indexed, or retrieved so as to change the nature or scope of those records.

(iv) Alters the purposes for which the information is used, or adds a routine use which is not compatible with the purpose for which the system is maintained.

(v) Changes the equipment configuration on which the system is operated so as to create potential for either greater or easier access.

(3) Report of a new or altered system must be sent to HQDA (DAAG-ARM-S) at least 120 days before the system or changes become operational, and include a narrative statement and supporting documentation.

(i) The narrative statement must contain the following items:

(A) System identification and name: (B) Responsible official;

(C) Purpose(s) of the system, or nature of changes proposed (if an altered system);

(D) Authority for the systems;

(E) Number (or estimate) of individuals on whom records will be kept;

(F) Information on First Amendment activities;

(G) Measures to assure information accuracy;

(H) Other measures to assure system security (Automated systems require

Page 18

risk assessment pursuant to AR 380– exemption. To qualify for this

identity of a confidential source. 5 380.)

exemption, a system must consist of: U.S.C. 552a(k)(5). (I) Relations to State/local

(1) Information compiled to identify (6) Testing material used to determine government activities. (See example at individual criminals and alleged

if a person is qualified for appointment Appendix B.) criminals, which consists only of

or promotion in the Federal service. This (4) Supporting documentation consists identifying data and arrest records; type information may be withheld only if of system notice of the proposed new or

and disposition of charges; sentencing, disclosure would compromise the altered system, and proposed exemption confinement, and release records; and objectivity or fairness of the rule, if applicable. parole and probation status;

examination process. 5 U.S.C. 552a(k)(6). (8) Reporting requirements. (1) The (2) Information compiled for the

(7) Information to determine annual report required by the Act, as purpose of a criminal investigation

promotion potential in the Armed amended by Pub. L. 97-375, 96 Stat. 1821,

(including efforts to prevent, reduce, or Forces. Information may be withheld, focuses on two primary areas:

control crime) and reports of informants but only to the extent that disclosure (i) Information describing the exercise

and investigators associated with an would reveal the identity of a of individual's rights of access to and identifiable individual; or

confidential source. 5 U.S.C. 552a(k)(7). amendment of records.

(3) Reports identifiable to an

(d) Procedures. When a system (ii) Changes in, or additions to, individual, compiled at any stage of the

manager seeks an exemption for a systems of records. process of enforcement of the criminal

system of records, the following (2) Specific reporting requirements

laws, from arrest or indictment through information will be furnished The will be disseminated each year by The release from supervision.

Adjutant General, HQDA, ATTN:

(c) Specific exemptions. The Secretary DAAG-AMR-S, 2461 Eisenhower Adjutant General (DAAG-AMR-S) in a

of the Army has exempted all properly letter to reporting elements.

Avenue, Alexandria, VA 22331-0301: (h) Rules of conduct. System classified information and a few

applicable system notice, exemptions systems of records that have the managers will ensure that all personnel,

sought, and justification. After following kinds of information, from including government contractors or

appropriate staffing and approval by the certain parts of the Privacy Act. The their employees, who are involved in the

Secretary of the Army, a proposed rule Privacy Act exemption cite appears in design, development, operation,

will be published in the Federal maintenance, or control of any system of parentheses after each category.

Register, followed by a final rule 30 days

(1) Classified information in every records, are informed of all

later. No exemption may be invoked Army system of records. This exemption requirements to protect the privacy of

until these steps have been completed. is not limited to the systems listed in individuals who are subjects of the

§ 505.5(d). Before denying an individual Exempted Record System records.

access to classified information, the (Specific Exemptions)
(i) Judicial sanctions. The Privacy Act Access and Amendment Refusal
has both civil remedies and criminal

ID-A0224.04DAIG. Authority must make sure that it was

SYSNAME_Inspector General
penalties for violations of its provisions:
properly classified under the standards

Investigative Piles. (1) Civil remedies: An individual may of Executive Orders 11652, 12065, or

EXEMPTION—All portions of this system file a civil suit against the Army if Army 12356 and that it must remain so in the of records which fall within 5 U.S.C. 552a(k) personnel fail to comply with the

interest of national defense or foreign (2) or (5) are exempt from the following Privacy Act. policy. 5 U.S.C. 552a(k)(1).

provisions of Title 5 U.S.C. section 552a: (2) Criminal penalties: A member or (2) Investigatory data for law

(C)(3), (d), (e)(4)(G), (e)(4)(H), and (f). employee of the Army may be found enforcement purposes (other than that

AUTHORITY-4 U.S.C. 552a(k) (2) and (5). guilty of a misdemeanor and fined not claimed under the general exemption).

REASONS-Selected portions and/or

records in this system are compiled for the more than $5,000 for willfully:

However, if this information has been (i) Maintaining a system of records

purposes of enforcing civil, criminal, or used to deny someone a right, privilege

military law, including executive orders or without first meeting the public notice or benefit to which the individual is regulations validly adopted pursuant to law. requirements of publishing in the

entitled by Federal law, it must be Granting individuals access to information Federal Register;

released, unless doing so would reveal collected and maintained in these files could (ii) Disclosing individually identifiable the identity of a confidential source. 5 interfere with enforcement proceedings: personal information to one not entitled U.S.C. 552a(k)(2).

deprive a person of a right to fair trial or an to have it;

(3) Records maintained in connection

impartial adjudication or be prejudicial to the (iii) Asking for or getting another's with providing protective services to the

conduct of administrative action affecting record under false pretenses. President of the United States or other

rights, benefits, or privileges of individuals,

constitute an unwarranted invasion of individuals protected pursuant to Title 8 505.5 Exemptions.

personal privacy: disclose the identity of a 18 U.S.C., section 3056. 5 U.S.C.

confidential source; disclose nonroutine (a) Exempting systems of records. The 552a(k)(3).

investigative techniques and procedures, or Secretary of the Army may exempt

(4) Statistical data required by statute endanger the life or physical safety of law Army systems of records from certain and used only for statistical purposes enforcement personnel; violate statutes requirements of the Privacy Act. There and not to make decisions on the rights, which authorize or require certain are two kinds of exemptions: General benefits, or entitlements of individuals, information to be withheld from the public and specific. The general exemption except for census records which may be

such as: Trade or financial information, relieves systems of records from most disclosed under Title 13 U.S.C., section

technical data, National Security Agency requirements of the Act; the specific 8. 5 U.S.C. 552a(k)(4).

information, or information relating to

inventions. Exemption from access exemptions from only a few. See

(5) Data compiled to determine

necessarily includes exemption from the Appendix C.

suitability, eligibility, or qualifications other requirements. (b) General exemptions. Only Army for Federal service, Federal coantracts, activities actually engaged in the or access to classified information. This

Exempted Record Systems enforcement of criminal laws as their information may be withheld only to the

(Specific Exemptions) primary function may claim the general extent that disclosure would reveal the ID-A0224.05DAIG.

Page 19

From subsection (e)(3) because compliance investigation. Exemption from access would constitute a serious impediment to law necessarily includes exemption from the enforcement in that it could compromise the other requirements. existence of a confidential investigation or From subsection (c)(3) because the release reveal the identity of witnesses or

of accounting of disclosure would place the confidential informants.

subject of an investigation on notice that he From subsection (e)(8) because compliance is under investigation and provide him with with this provision would provide an

significant information concerning the nature impediment to law enforcement by interfering of the investigation, thus resulting in a with the ability to issue warrants or

serious impediment to law enforcement subpoenas and by revealing investigative investigations. techniques, procedures or evidence.

From subsection (e)(2) because, in a

criminal or other law enforcement Exempted Record Systems

investigation, the requirement that (Specific Exemptions)

information be collected to the greatest ID-A0509.19DAPE.

extent practicable from the subject individual SYSNAME—Military Police Investigator

would alert the subject as to the nature or Certification les.

existence of the investigation and thereby EXEMPTION—All portions of this system

present a serious impediment to effective law of records which fall within 5 U.S.C. 552a(k)

enforcement (2), (5) or (7) are exempt from the following

From subsection (e)(3) because compliance provisions of Title 5 U.S.C., section 552a: (d). would constitute a serious impediment to law (e)(4)(G), (e)(4)(H), and (f).

enforcement in that it could compromise the AUTHORITY—5 U.S.C. 552a(k) (2), (5) and

existence of a confidential investigation or (7).

reveal the identity of witnesses or REASONS_From subsections (d),

confidential informants. (e)(4)(G). (e)(4)(H), (f), because disclosure of

From subsection (e)(8) because compliance portions of the information in this system of

with this provision would provide an records would seriously impair the selection

impediment to law enforcement by interfering and management of these uniquely

with the ability to issue warrants or functioning individuals; hamper the inclusion subpoenas and by revealing investigative of comments, reports and evaluations

techniques, procedures or evidence. concerning the performance, qualifications,

Exempted Record Systems character, actions and propensities of the agent; and prematurely compromise

(General Exemptions) investigations which either concern the

ID-A0511.05DAPE. conduct of the agent himself or investigations SYSNAME—Traffic Law Enforcement/ wherein he or she is integrally or only

Vehicle Registration System: MPMIS. peripherally involved. Additionally, the

EXEMPTION-All portions of this system exemption from access necessarily includes of records which fall within 5 U.S.C. 552a(j)(2) exemptions from the amendment and the are exempt from the following provisions of agency procedures which would otherwise be Title 5 U.S.C., section 552a: (c)(3), (c)(4), (d), required to process these types of requests. (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(8), (f), and

(8). Exempted Record Systems

AUTHORITY-5 U.S.C. 552a(i)(2). (General Exemptions)

REASONS_From subsections (c)(4), (d), ID-A0509.21DAPE.

(e)(4)(G), (e)(4)(H). (f), and (g) because SYSNAME—Local Criminal Information granting individuals access to information Files.

collected and maintained by this component EXEMPTION—All portions of this system relating to the enforcement of laws could • of records which fall within 5 U.S.C. 552a(j)(2) interfere with proper investigations and the are exempt from the following provisions of orderly administration of justice. Disclosure Title 5 U.S.C., section 552a: (c)(3), (c)(4), (d), of this information could result in the (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(8), (f), and concealment, alteration or destruction of (8).

evidence, the identification of offenders or AUTHORITY-5 U.S.C. 552a(i)(2).

alleged offenders, nature and disposition of REASONS_From subsections (c)(4), (d), charges; and jeopardize the safety and well(e)(4)(G), (e)(4)(H), (f), and (g) because

being of informants, witnesses and their granting individuals access to information families, and law enforcement personnel and collected and maintained by this component their families. Disclosure of this information relating to the enforcement of laws could could also reveal and render ineffectual interfere with proper investigations and the investigative techniques, sources, and orderly administration of justice. Disclosure methods used by this component, and could of this information could result in the

result the invasion of the privacy of concealment, alteration or distruction of individuals only incidentally related to an evidence, the identifications of offenders or investigation. Exemption from access alleged offenders, nature and disposition of necessarily includes exemption from the charges; and jeopardize the safety and well- other requirements. being of informants, witnesses and their

From subsection (c)(3) because the release families, and law endorcement personnel and of accounting of disclosure would place the their families. Disclosure of this information subject of an investigation on notice that he could also reveal and render ineffectual is under investigation and provide him with investigative techniques, sources and

significant information concerning the nature methods used by this component and could of the investigation, thus resulting in a result in the invasion of the privacy of

serious impediment to law enforcement individuals only incidentally related to an investigations.

From subsection (e)(2) because in a criminal or other law enforcement investigation, the requirement that information be collected to the greatest extent practicable from the subject individual would alert the subject as to the nature or existence of the investigation and thereby present a serious impediment to effective law enforcement.

From subsection (e)(3) because compliance would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation or reveal the identity of witnesses or confidential informants.

From subsection (e)(8) because compliance with the provision would provide an impediment to law enforcement by interfering with the ability to issue warrants or subpoenas and by revealing investigative techniques, procedures or evidence. Exempted Record Systems (Specific Exemptions)

ID-A0702.03aUSAREC.
SYSNAME_Enlistment Eligibility Files.

EXEMPTION-All portions of this system
of records which fall within 5 U.S.C.
552a(k)(5) are exempt from the following
provisions of Title 5 U.S.C., section 552a: (d).

AUTHORITY-5 U.S.C. 552a(k)(5).

REASONS—It is imperative that the confidential nature of evaluations and investigatory material on applicants applying for enlistment furnished to the US Army Recruiting Command under an express promise of confidentiality, be maintained to insure the candid presentation of information necessary in determinations of enlistment and suitability for enlistment into the United States Army. Exempted Record Systems (Specific Exemptions)

ID-A0702.08aDASG.

SYSNAME—Army Medical Procurement Applicant Files.

EXEMPTION--All portions of this system of records which fall within 5 U.S.C. 552a(k)(5) are exempt from the following provisions of Title 5 U.S.C., section 552a: (d).

AUTHORITY—5 U.S.C. 552a(k)(5).

REASONS—It is imperative that the confidential nature of evaluation and investigatory material on applicants furnished to the Army Medical Procurement Program under an express promise of confidentiality, be maintained to ensure that candid presentation of information necessary in determinations involving selection for AMEDD training programs and for suitability for commissioned service and future promotion. Exempted Record Systems (Specific Exemptions)

ID-A0704.106MEPCOM.

SYSNAME-ASVAB Institutional Test Scoring and Reporting System.

EXEMPTION—All portions of this system which fall within 5 U.S.C. 552a(k)(6) are exempt from the following provisions of Title 5 U.S.C., section 552a: (d).

AUTHORITY_5 U.S.C. 552a(k)(6).

Page 20

ENVIRONMENTAL PROTECTION

NCAC 20.0535: Malfunction, Start-up quality guidelines for hydrocarbons; the AGENCY

and Shut-down. The changes are now State repealed it because of EPA's

described in the order that the affected repeal of the corresponding national 40 CFR Part 52

regulations appear in the North Carolina standard. [NC-011; A-4-FRL-2695-7) Administration Code.

15 NCAC 2D.0407, Nitrogen Dioxide;

15 NCAC 20.0101, Definitions and and 15 NCAC 2D.0408, Lead: The Approval and Promulgation of References: This regulation is amended

sampling and analysis procedures Implementation Plans; North Carolina; to clarify the language in several

specified in these regulations were Miscellaneous Regulatory Changes definitions and to add the definitions of expanded to include "equivalent

the phrases previously stated under methods established under 40 CFR Part AGENCY: Environmental Protection Regulation 15 NCAC 20.0102. The

53". Also, where test methods were Agency. definitions of “Director", "CFR",

referenced according to a Federal ACTION: Proposed rule.

"Fugitive emission", "FR" and "ug" were Register volume and number, the SUMMARY: EPA proposes to approve added to the list.

reference was changed to specify the certain regulation changes which North

15 NCAC 2D.0102, Phrases: This

test methods in accordance with certain Carolina submitted as State

regulation is repealed, as the definitions ,

appendices of 40 CFR Part 50. Implementation Plan (SIP) res isions on

of the phrases are now included under 15 NCAC 2D.0501, Compliance With April 17, 1984. EPA proposes approval of Regulation 15 NCAC 20.0101.

Emission Control Standards: This changes in the regulations dealing with

15 NCAC 20.0103, Copies of

regulation is amended to incorporate New Source Performance Standards Referenced Federal Regulations: This

revisions in testing procedures specified (NSPS) categories, emission control regulation is amended to correct errors

in Methods 1 and 3 through 8 of standards, air quality permit in two addresses.

Appendix A of 40 CFR Part 60. applications and hydrocarbons. EPA

15 NCAC 20.0201, Classification of Paragraph (h) is added to identify by also proposes to approve numerous

Air Pollution Sources and 15 NCAC date the December 1, 1983, version of changes which would clarify and update 20.0202, Registration of Air Pollution

the Federal rules referenced in the the regulations. EPA is temporarily Sources: These regulations are amended

regulation. deferring action on the regulation to clarify and simplify the language.

15 NCAC 2D.0524, New Source dealing wth malfunctions, startups, and

Changes include the substitution of Performance Standards: This regulation shutdowns. The public is invited to "pollution" for "contamination"

is amended to include the following submit written comments on these

throughout. The changes do not alter the New Source Performance Standards of changes in the North Carolina SIP. meaning or intent of the regulations.

40 CFR Part 60: DATE: Comments must be received on or

15 NCAC 2D.0302, Episode Criteria: 1. Surface Coating of Metal Furniture; before November 16, 1984 to be This regulation is amended for the

2. Graphic Arts Industry: Publication considered. purposes of clarification and, in

Rotogravure Printing:
Paragraph (4), alteration of the party

3. Industrial Surface Coating: Large ADDRESSES: Written comments should be addressed to Janet Hayward of EPA,

responsible for declaring an air pollution Appliances; Region IV's Air Management Branch emergency from the Governor to the

4. Metal Coil Surface Coating; Secretary of the Department of Natural 5. Beverage Can Surface Coating (see EPA, Region IV address below).

Resources and Community Development Industry; Copies of the materials submitted by

with the concurrence of the Governor. 6. Asphalt Processing and Asphalt North Carolina may be examined during

15 NCAC 20.0303, Emission Reduction Roofing Manufacture; and normal business hours at the following Plans; 15 NCAC 20.0304, Preplanned

7. Bulk Gasoline Terminals. locations:

Abatement Program; 15 NCAC 2D.0305, These standards are adopted by Air Management Branch, EPA, Region

Emission Reduction Plan-Alert Level; referring to the versions of the new IV, 345 Courtland Street, NE., Atlanta,

15 NCAC 2D.0306, Emission Reduction source performance standards Georgia 30365

Plan-Warning Level; 15 NCAC 2D.0307, appearing in the Code of Federal Division of Environmental Management, Emission Reduction Plan-Emergency Regulations as of August 25, 1983.

North Carolina Department of Natural Level; and 15 NCAC 2D.0401, Purpose: 15 NCAC 20.0535, Malfunction, StartResources & Community

These regulations are amended for up and Shut-down: This is a new Development, Archdale Building, 512

purposes of clarification only. The North Salisbury Street, Raleigh, North

regulation adopted in response to EPA's changes do not affect the meaning or request that the State define its general Carolina 27611 intent of the language.

policy for handling excess emissions FOR FURTHER INFORMATION CONTACT: 15 NCAC 2D.0402, Sulfur Oxides; 15 resulting from malfunctions or from a Janet Hayward of the EPA, Region IV

NCAC 2D.0403, Suspended Particulates; facility's being in the process of starting Air Management Branch at the above

15 NCAC 20.0404, Carbon Monoxide; or ceasing operation. EPA proposed to address and telephone number 404/881- and 15 NCAC 20.0405, Ozone: The disapprove the original version of 15 3286 (FTS: 257–3286).

sampling and analysis procedures

NCAC 20.0535 on December 21, 1983 (48 SUPPLEMENTARY INFORMATION:

specified in these regulations were FR 56413), because it was not consistent Following notice and public hearing in expanded to include equivalent methods with EPA's malfunction policy conformity with Federal requirements, established under 40 CFR Part 53.

(Memorandum on “Policy on Excess the North Carolina Environmental

Also, where test methods were

Emission During Start-up, Shut down, Management Commission adopted referenced according to a Federal

Maintenance, and Malfunction," from numerous changes in the State's air

Register volume and number, the

Kathleen M. Bennett, Assistant pollution control regulations. These reference was changed to specify the Administrator for Air, Noise, and were submitted to EPA for approval as test methods in accordance with certain Radiation to Regional Administrators lSIP revisions on April 17, 1984. EPA Appendices of 40 CFR Part 50.

X, dated February 15, 1983). proposes to approve all the revisions 15 NCAC 20.0406, Hydrocarbons: This The version of 15 NCAC 2d.0535 except the malfunction regulation, 15 regulation specified the ambient air submitted to EPA for approval on April

Page 21

would use state-of-the-art technology. southward along meridian 85° W., to its equality of right to operate. Accordingly, Equipment is already available or easily intersection with parallel 41° N., thence the stations of each service in one region convertible for use by amateur operators along parallel 41° N., to its intersection or subregion must operate so as not to on these bands.

with meridian 82° W., thence by great cause harmful interference to services in 20. In view of the foregoing, and circle arc through the southernmost the other regions or subregions. (See consistent with this Notice of Proposed point of Bangor, Maine, thence by great International Telecommunication Union Rule Making, rule making petition RM- circle arc through the southernmost Radio Regulations, RR 346 (Geneva, 4781 filed by Stuart D. Cowan, M. F. point of Searsport, Maine, at which 1979).) DeMaw, Robert P. Haviland, William I. point it terminates.

(4) The frequency bands 3900-4000 Orr and A. Prose Walker is granted in

kHz, 7100–7300 kHz and 902–928 MHz part and denied in part. Rule making 3. Section 97.61 would be amended by are not available in the following U.S. petition RM-4784 filed by the American

revising paragraphs (a), (b)(3) and (b)(4) possessions: American Samoa (seven Radio Relay League is granted.

and by adding paragraphs (b)(14), (b)(15) islands), Baker Island, the 21. It is ordered, That the Secretary and (b)(16) to read as follows:

Commonwealth of Northern Mariana shall cause a copy of this notice to be

Islands, Guam Island, Howland Island, served upon the Chief Counsel for $ 97.61 Authorized frequencies and

Jarvis Island, Palmyra Island (more than Advocacy of the Small Business emissions.

50 islets) and Wake Island (Islets Peale, Administration and that the Secretary (a) The following frequency bands Wake and Wilkes). shall also cause a copy of this notice to and associated emissions are available be published in the Federal Register. to amateur radio stations for amateur 22. For information concerning this radio operation, other than repeater

(14) In the 902-928 MHz band, amateur proceeding, contact John J. Borkowski, operation, auxiliary operation and

radio stations shall not operate within

the States of Colorado and Wyoming, Federal Communications Commission, automatically-controlled beacon

bounded by the area of: latitude 39o to Private Radio Bureau, Washington, D.C. operation, subject to the limitations of 20554 (202) 632-4964. $ 97.65 and paragraph (b) of this section.

42° N, and longitude 103° to 108° W. The

band is allocated on a secondary basis Secs. 4, 303, 48 stat., as amended, 1066, 1082;

to the amateur service subject to not 47 U.S.C. 154, 303)

causing harmful interference to the Federal Communications Commission.

operations of Government stations William Tricarico,

tions (see Frequency band

authorized in this band or to Automatic Secretary

graph (b)) Vehicle Monitoring (AVM) systems.

Stations in the amateur service must Appendix Kilohertz (kHz):

tolerate any interference from the Parts 2 and 97 of Chapter I of Title 47

operations of industrial, scientific and of the Code of Federal Regulations

medical (ISM) devices, AVM systems would be amended as follows:

A3, A4, A5, F3, F4, F5

and the operations of Government

3, 4 stations authorized in this band. PART 2-[AMENDED)

(15) The 420-430 MHz band is not 1. The following sentence would be

A3, A4, A5, F3, F4, F5 3, 4 allocated to the Amateur Radio Service added to the language in footnote US

north of line A (see § 97.3 (i)). An 248 to the Table of Allocations in

amateur radio station may operate north $ 2.106:

A3, A4, A5, F3, F4, F5

of line A in the 420-430 MHz band only

with a waiver, and only on a secondary § 2.106 Table of frequency allocations.

A3, A4, A5, F3, F4, F5

basis to Canadian fixed and mobile

operations in this band. US 248 Also, in the interim,

A3, A4, A5, F3, F4, F5

(16) The 10100-10150 kHz band is transmissions of stations in the amateur

allocated to the fixed service on a service shall not cause harmful interference to operations in the fixed and mobile services

A3, A4, A5, F3, F4, F5

primary basis outside the United States Megahertz (MHz): outside the United States and stations in the

and its possessions. Transmissions of amateur service shall make all necessary

A2, A3, A4, A5, F1, F2,

stations in the Amateur Radio Service in adjustments (including termination of

F3, F4, F5

this band are secondary to foreign fixed transmission) if harmful interference is

service use in this band. caused

AO, A2, A3, A4, A5, FO,

F1, F2, F3, F4, F5 AO. A1, A2, A3, A4, A5,

4. Section 97.185 would be amended PART 97--[AMENDED)

by revising paragraphs (b) and (c) (5) AO, A1, A2, A3, A4, A5, 5, 7, 15 FO, F1, F2, F3, F4, F5

and adding paragraph (c)(7) as follows: 2. Paragraph (i) of $ 97.3 would be

AO, A1, A2, A3, A4, A5, 3, 4, 5, 14 added to read:

FO, F1, F2, F3, F4, F5,

§ 97.185 Frequencies available.

AO, A1, A2, A3, A4, A5, § 97.37 Definitions.

FO, F1, F2, F3, F4, F5

(b) In the even of an emergency which AO, A1, A2, A3, A4, A5, 5, 8

necessitates the invoking of the

FO, F1, F2, F3, F5, P (i) Line A. Line A begins at Aberdeen, Gigahertz (GHz):

President's War Emergency Powers Washington, running by great circle arc

under the provisions of Section 606 of the intersection of 48° N., 120o W.,

the Communications Act of 1934, as thence along parallel 48° N., to the

(b) Limitations:

amended, RACES stations and amateur intersection of 95° W., thence by great (3) Where, in adjacent regions or radio stations participating in RACES circle arc through the southernmost subregions, a band of frequencies is will be limited in operation to the point of Duluth, Minn., thence by great allocated to different services of the following frequencies and frequency circle ar to 45° N., 85° W., thence

same category, the basic principle is the bands unless otherwise directed by the

1800-2000 3500-4000 3500-3750 3750-4000 5167.5 7000-7300 7000-7150 7075-7100. 7150-7300 10100-10150. 14000-14350 14000-14150. 14150-14350. 21000-21450. 21000-21200. 21200-21450 24890-24990 24890-24930 24930-24990. 28000-29700. 28000-28300 28300-29700

51.0-54.0 144.0-148.0 144.1-148-0

Page 22

vessel values appropriate for the fee schedule.

Prior to this notice, NOAA met with JFA to consider methods for determining prices for the 1985 fee schedule. JFA contended that "fair market values" on the fishing grounds should be the prices paid by foreign vessels to U.S. fishermen for their catches (joint venture prices). It is NOAA's sense that joint venture prices do not approximate the ex-vessel values of the various species of fish. When compared to the other forms of fishing, joint ventures represent a lower cost operation in a number of respectsthe fishing vessel is saved the expense of returning to port; other expenses such as nets and fuel are frequently supplied; no poundage fees are levied; and in some countries joint venture products are exempt from import duties. To this extent the joint venture prices would tend to be lower than the ex-vessel value that would be expected in a usual fishing operation. The agency also has seen wide variations among foreign nations in prices paid for joint ventures. Higher prices for some joint ventures may represent efforts to gain credit under the Magnuson Act's criteria for direct foreign allocations. The concept of fair market value "on the fishing grounds,” to be useful, would require detailed information on the cost of vessel operations that has never been provided to NOAA despite repeated requests. Even if such information were provided, it would be difficult to compare figures from free market economies, subsidized economies, and planned economies to arrive at accurate prices on the grounds" for all species. Thus, NOAA cannot agree with the JFA recommendation in its entirety.

NOAA has, however, continued to improve its process for determining exvessel values by asking foreign nations for price information on landings in their ports and prices at which fish caught in the FCZ, or reasonable market equivalents, would be sold by their vessels. Most nations conducting fishing in the FCZ provided some information on landings prices. One nation provided information on transport and freezing costs, cold storage costs, and financing costs. The information provided was considered in a general way because this involved comparisons of the different types of information provided by these countries. On October 10, 1984, the JFA submitted additional information concerning the ex-vessel value proposed for pollock, Alaska flatfish and Pacific squid. This information had been requested pursuant to the settlement for the 1984 litigation referenced above. Because of

the need to publish these proposed rules cause a reduction in foreign fishing and promptly, NOAA has not evaluated a loss of fees for managing the fisheries. these data at this time; however, the JFA The ratios selected are shown in the data has been submitted to the

following Table 3. representatives of other nations fishing The second part of the analysis in the FCZ. Prices for each fishery were

required selection of the ex-vessel value determined as follows:

of pollock, following which ex-vessel

values for all the groundfish species The Alaska Groundfish Fisheries

could be determined from the above Most price information provided for ratios. Japanese landings data for June these fisheries consisted of average 1984 indicate that Alaska pollock surimi, landed values of frozen blocks at ports top quality, S.A. sold for $0.85/pound if of foreign nations. In order to determine trawler processed, $0.80 if mothership whether the same price relationships processed, and $0.73-0.74 if joint venture existed between these groundfish processed. These prices were relatively species in different product forms and stable in the months preceding and markets, NOAA compared monthly including June. prices of frozen blocks of a species

Mothership processed surimi product averaged within the period April 1983 was selected as representative of the through March 1984 to a standard. The product of the foreign catches of pollock. standard selected was the average price

NOAA assumed a 25 percent yield ratio, of a frozen block of Alaska pollock.

i.e. four tons of raw product to one ton Pollock was selected because of its of surimi, a profit mark-up of 20 percent volume in the world market and because

and an added value for processing and more, albeit quite limited, information is transport two times the ex-vessel value available on frozen block production of (i.e., a processed and delivered price pollock than the other species.

three times ex-vessel value) to deduce Comparisons were made between the an ex-vessel value of $0.0555/pound. ratios of frozen blocks of other species This is greater than the average 1983 to frozen blocks of pollock in ports of joint venture prices of $0.042/pound. In the Republic of Korea and in the Tokyo part, this is explained by the addition of Central Wholesale Market, and to $0.013/pound for poundage fees to the similar ratios for joint venture prices in joint venture price. Thus, NOAA the Bering Sea and the Gulf of Alaska. proposes a base value of $0.0555/pound With two exceptions, these ratios were or $122 per metric ton for Alaska pollock reasonably consistent. The two

in 1985. The following Table 3 shows the exceptions were that joint venture ex-vessel values for the Alaska fisheries prices for Pacific cod were about 76 by species and fishery proposed by this percent higher than frozen cod prices. (A notice. The first ratio is the selected possible reason is that foreign frozen factor by which the pollock value should cod prices, particularly in Japan, may

be multiplied to derive the ex-vessel reflect block compositions other than value for another species. The second pure cod.) Secondly, a reasonable ratio (D/L), where shown, is that ratio relationship was evident between the derived by using U.S. landings. The D/L frozen product and joint venture prices ratio is not used in any case but is only in the Bering Sea for flatfish and

shown for comparison. The next column sablefish, but joint venture prices for lists the source of the selected ratio, these two species when taken in the either from joint-venture (J/V) data or Gulf of Alaska were significantly higher. from foreign landings data (F/L), using Two criteria were applied in selecting a the stated criteria. The last two columns ratio of the ex-vessel value of a species list proposed 1985 ex-vessel values and, to the value of pollock. These were to for comparison, the respective values select the ratio which would not

used in the 1984 schedule before adversely affect the economic position applying 1984 management factors of U.S. fishermen and would not of itself (except for BSA flatfish).

GOA. BSA.. GOA BSA,

GOA

1.000 1.000 2.317 2.317 3.158 3.158 2.975

1.0 Standard

Standard 2.66J/V.

$122

122 283 283 385 385 363

Page 23

Estimate of Number of Annual Hours
Needed to Complete the Collection of Information: 50. Phyllis T. Kaylor,

Secretary

Gardiner, Montana, on November 14, 1984 at 7:00 p.m.

Robert E. Breazeale, Forest Supervisor
of the Gallatin National Forest is the responsible official.

The analysis is expected to take about 11 months. The draft environmental impact statement should be available for public review by May 15, 1984.

Written comments and suggestions concerning the analysis or questions about the proposed action and environmental impact statement should be directed to Sherm Sollid, Forest Geologist, Gallatin National Forest, P.O. Box 130, Bozeman, Montana 59771. October 9, 1984. Robert E. Breazeale,

Forest Supervisor.

Fitness Determination of Maui Airlines AGENCY: Civil Aeronautics Board.

ACTION: Notice of Commuter Air Carrier

Hamster, Mouse, Aabbit, and PB84-187046.

Rat Teratology Studies of Irradiation Sterilized Chick-

en Products. 835 pages. Genetic Studies: Dominant PB84-187053..

Lethal Study. Sex Linked Recessive Lethal, Ames

Mutagenicity, and Heritable

406 pages. Protein Efficiency Ratio Deter- PB84-187061

minations of Irradiation Sterilized Chicken Products

44 pages. Antivitamin Studies of Irradia- PB84-187079

tion Sterilized Beet and Chicken, Assessment of Mutagenic Activity of inadiated Beef Using the Ames Salmonella/Mammolian Mu

tagenicity Assay. 292 pages. Evaluation of the Health As-P884-187087

pects of Radiolytic Com- pounds Found in Irradiated

Beet. 184 pages. Radiolysis Compounds in PB84-187095.

Bacon and Chicken. 466 pages.

Done at Washington, D.C., on October 12, AGENCY: Civil Aeronautics Board. 1984.

ACTION: Notice of Proposed Collection of T.B. Kinney, Jr.,

Information under the Provisions of the Administrator.

Paperwork Reduction Act (44 U.S.C. 35). (FR Doc. 84-27489 Filed 10–16-84; 8:45 am) BILLING CODE 3410-03-M

SUMMARY: The Civil Aeronautics Board
is requesting the Office of Management

and Budget's approval of extension of Forest Service

the use of Form 297A, “Registration or

Amendments under Part 297 of the Jardine Joint Venture Project, Gold

Ecomomic Regulations of the Civil Mine and Milling Facilities; Gardiner Aeronautics Board" pursuant to the Ranger District, Gallatin National

reporting requirements contained in Forest, Park County, MT; Intent To

Section 297.20 of Part 297 of the Board's Prepare an Environmental Impact

Economic Regulations. Statement

DATE: October 10, 1984. The Department of Agriculture, Forest

FOR FURTHER INFORMATION CONTACT: Service, and the Montana Department of Bernie Stankus, Data Requirements State Lands will prepare a joint Federal Section, Information Management

/ State environmental impact statement

Division, Office of Comptroller, Civil for the proposed Jardine Joint Venture

Aeronautics Board, 1825 Connecticut Project. The project includes an

Avenue, NW., Washington, D.C. 20428, underground gold mine and associated

(202) 673-6042. surface milling facilities on the Gardiner Ranger District, Gallatin National

SUPPLEMENTARY INFORMATION: Agency Forest, proposed by Homestake Mining

Clearance Officer from Whom a Copy of

the Collection of Information and Company Federal, State, and local agencies, and

Supporting Documents is Available: other interested individuals or

Robin A. Caldwell (202) 673-5922. organizations who may be interested in How Often the Collection of or affected by the decision will be Information Must Be filed: Occasionally. invited to participate in the scoping Who is Asked or Required to Report: process.

Foreign Indirect Cargo Carriers. There will be a public scoping meeting Estimate of Number of Annual at the Gardiner High School cafeteria, Responses: 25.

SUMMARY: The Board is proposing to
find that Maui Airlines is fits, willing,
and able to provide commuter air carrier
service under section 419(c)(2) of the Federal Aviation Act, as amended, and that the aircraft used in this service conform to applicable safety standards.

Responses: All interested persons wishing to respond to the Board's tentative fitness determination shall file their responses with the Special Authorities Division, Room 915, Civil Aeronautics Board, Washington, D.C. 20428, and serve them on all persons listed in Attachment A to the order. Responses shall be filed no later than October 29, 1984.

FOR FURTHER INFORMATION CONTACT:

SUPPLEMENTARY INFORMATION: The

By the Civil Aeronautics Board: October 4, 1984. Phyllis T. Kaylor, Secretary (FR Doc. 84–27490 Filed 10-16-84; 8:45 am

COMMISSION ON CIVIL RIGHTS Hawaii Advisory Committee; Agenda and Notice of Public Meeting

Notice is hereby given, pursuant to the provisions of the Rules and Regulations of the U.S. Commission on Civil Rights, that a meeting of the Hawaii Advisory Committee to the Commission will convene at 12:00 noon and will end at 3:00 p.m., on November 10, 1984, at the Ala Moana Hotel, Board Room, 410 Atkinson Drive, Honolulu, Hawaii 96814.

Page 24

September 11, 1984, Final Affirmative Countervailing Duty Determination on Potassium Chloride from Spain (49 FR 36424), we chose the weighted average commercial lending rate for loans of one to three years as our benchmark for working-capital loans. Accordingly, we used the 1983 weighted average commercial lending rate of 17.64 percent for loans of one to three years as our 1983 benchmark for short-term workingcapital loans.

To determine the benefit, we compared the interest rate charged on working-capital loans with the national average

commercial interest rate of 17.64 percent. This interest differential was multiplied by the working-capital loan amounts and by the term of the loans to arrive at the 1983 benefit amount. The total 1983 benefit amount for each company was allocated over the sales value of total company exports in 1983. We preliminarily determine that the ad valorem subsidy for workingcapital loans is 0.42 percent for CONDESA, 1.93 percent for JMA, and 0.45 percent for PERFRISA. 2. Prefinancing of Exports

CONDESA and PERFRISA reported that they also received preferential short-term Privileged Circuit Exporter Credit loans for prefinancing of exports. These loans varied from two to nine months in duration and were used to finance exports of welded pipes and tubes to the United States.

In our September 11, 1984, Final Affirmative Countervailing Duty Determination on Potassium Chloride from Spain (49 FR 36424), we chose the weighted average commercial lending rate for loans of three months as our benchmark for export prefinancing loans. Accordingly, we used the 1983 weighted-average commercial lending rate of 17.12 percent for loans of three months as our 1983 benchmark for shortterm loans for prefinancing of exports.

To determine the benefit, we compared the interest rate charged on prefinancing of exports with the national average commercial interest rate of 17.12 percent. This interest differential was multiplied by the working capital loan amounts and by the term of the loans to arrive at the 1983 benefit amount. The total 1983 benefit amount for each company was allocated over the sales value of total company exports in 1983. We preliminarily determine that the ad volorem subsidy for short-term prefinancing of exports is 0.56 percent for CONDESA and 0.28 percent for PERFRISA

II. Programs Preliminarily Determined A. Certain Benefits Under Decree 669/ Not To Confer Subsidies

1974 We preliminarily determine that

We preliminarily determined in subsidies are not being provided to section 1-A above that medium- and manufactuers, producers, or exporters in long-term loans and loan terms provided Spain of welded pipes and tubes under under Decree 669/1974 are the following program:

countervailable. In addition, we A. Rebates of Indirect Taxes on Exports

preliminarily determine that the Under the Desgravacion Fiscal a la

following types of benefits provided Exportation ("DFE'')

under Decree 669/1974 were not used by

CONDESA, JMA, or PERFRISA during Petitioner alleged that countervailable the period of investigation: benefits are conferred on Spanish

(1) Accelerated Depreciation of Nonproducers of welded pipes and tubes liquid Investments, under the DFE program by the excessive (2) Reduction of Certain Taxes, and rebate of indirect taxes on the export of (3) Expropriation of Land for New welded pipes and tubes.

Construction. Spain employs a cascading tax system under which a turnover tax is levied on B. Certain Benefits Under the Privileged each intermediate sale of a product

Circuit Exporter Credits Program through its various stages of production, We discussed the Privileged Circuit up to, but not including, the final sale at Exporter Credits Program in section 1-B the retail level. The DFE is the program above. We preliminarily determined that designed to rebate to exporters these two programs, working-capital loans accumulated turnover taxes as well as and prefinancing of exports provide final stage taxes on exportation.

subsidies to welded pipes and tubes To calculate the amount of subsidy manufacturers, producers, or exporters. potentially conferred by the DFE it is In addition, we preliminarily determine necessary to determine whether the that the following programs identified in remission of indirect taxes is excessive. our notice of initiation were not used by According to the government response, CONDESA, JMA, or PERFRISA during the indirect taxes borne by sheet (the the period of investigation: only input identified as physically

(1) Commercial Services Loans, and incorpoated in the final product) and the

(2) Short-term Export Credit.
corresponding share of sheet to the
value of welded pipes and tubes,

C. Warehouse Construction Loans resulted in an allowable rebate that

Exporters desiring to construct exceeded the DFE payment of 14.5 warehouse facilities adjacent to loading percent (prior to July 11, 1984) and 12.3 zones may borrow 70–75 percent of the percent (on or after July 11, 1984).

total investment. We preliminarily Information submitted by respondents determine CONDESA. JMA, and indicates that CONDESA had purchased PERFRISA have received no loans under sheets and plates in coil from unrelated this program. suppliers and therefore had paid turnover taxes on these physically

D. National and Regional Investment

Incentives Programs incorporated inputs. PERFRISA had

purchased sheets and plates in coil from The government of Spain and regional

not participated in these regional Accordingly, we find that the DFE programs. does not constitute an excessive

remission of indirect taxes for

IV. Programs for which Additional CONDESA and PERFRISA and hence

Information Is Needed confers no subsidy.

Petitioner alleged that the producers

of welded pipes and tubes purchase III. Programs Preliminarily Determined

their steel inputs from Spanish Not To Be Used

producers which may themselves be We have preliminarily determined subsidized. At this time, we do not have that manufacturers, producers, or

sufficient information from petitioner or exporters in Spain of welded pipes and respondents to determine whether tubes do not use the following programs countervailable benefits are being that were identified in the notice of provided or to quantify the ad valorem initiation of Countervailing Duty

amount of the possible subsidies Investigation of Certain Welded Carbon regarding steel inuts. CONDESA Steel Pipes and Tubes from Spain. responded that it purchases steel inputs

Page 25

we considered the following factors: Recent import penetration levels; whether imports have surged recently; whether recent imports are significantly above the average calculated over the

last three years (1981-1983); and

by seasonal swings. Based upon our

In analyzing import trends, we
compared the monthly average of
imports from Australia during the period February through May 1984, the four

months following the filing of the

import penetration of this merchandise

Based on our comparison of the data for the period set forth above, we find that there have not been massive imports of galvanized carbon steel sheet over a relatively short period of time. Therefore, we preliminary determine that critical circumstances do not exist. ITC Notification

In accordance with section 733(f) of
the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non- privileged and non-confidential information relating to this investigation. We will allow the ITC access to all privileged and confidential information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective

order, without the written consent of the

Dated: October 11, 1984. Alan F. Holmer,

Deputy Assistant Secretary for Import

(A-405-401)

counsel for the respondent, Rautaruukki Carbon Steel Plate From Finland;

Oy, we postponed the date of our final

determination in this case to not later Preliminary Negative Determination

than December 7, 1984.
Regarding the Existance of Critical Circumstances

Scope of Investigation AGENCY: International Trade

The merchandise covered by this Administration, Commerce.

investigation is carbon steel plate. ACTION: Notice.

Carbon steel plate is classified under

item numbers 607.6620 and 607.6625 of SUMMARY: We have preliminarily the Tariff Schedules of the United States determined that "critical circumstances"

Annotated (TSUSA), which covers hotdo not exist in the antidumping

rolled carbon steel products, whether or investigation of carbon steel plate from

not corrugated or crimped; not pickled; Finland. We have notified the U.S.

not cold rolled; not in coils; not cut, not International Trade Commission (ITC)

pressed, and not stamped to nonof this determination.

rectangular shape; not coated or plated EFFECTIVE DATE: October 17, 1984. with metal and not clad; 0.1875 inch or FOR FURTHER INFORMATION CONTACT: more in thickness and over 8 inches in Mary Jenkins, Office of Investigations, width. Import, Administration, International Semi-finished products of solid Trade Administration, U.S. Department rectangular cross section with a width at of Commerce, 14th Street and

least four times the thickness and Constitution Avenue, NW., Washington, processed only through primary mill hotD.C. 20230; telephone: (202) 377-1756. rolling are not included. SUPPLEMENTARY INFORMATION: We

This investigation covers the period preliminarily determine that "critical

from September 1, 1983, through
circumstances" do not exist in the

February 29, 1984.
antidumping investigation of carbon
steel plate from Finland, as provided in

Preliminary Negative Determination of section 733(e) of the Tariff Act of 1930,

Critical Circumstances as amended (19 U.S.C. 1673(b)(e)) (the

Counsel for petitioner alleged that Act).

imports of carbon steel plate from Case History

Finland present "critical On February 10, 1984, we received a

circumstances." Under Section 733(e)(1)

of the Act, critical circumstances exist petition from the United States Steel Corporation, filed on behalf of the U.S.

when the Department has a reasonable industry producing carbon steel plate. In

basis to believe or suspect that: (1) accordance with the filing requirements

There have been massive imports of the

merchandise under investigation over a of section 353.36 of the Commerce Regulations (19 CFR 353.36), the petition

relatively short period; and (2)(a) there alleged that imports of carbon steel

is a history of dumping in the United plate from Finland are being, or are

States or elsewhere of the merchandise likely to be, sold in the United States at

under investigation, or (b) the person by less that fair value within the meaning

whom, or for whose account, the of section 731 of the Act and that these

merchandise was imported knew or imports are materially injuring, a United

should have known that the exporter States industry.

was selling the merchandise under After reviewing the petition, we investigation at less than its fair value. determined that it contained sufficient In preliminarily determining whether grounds to initiate an antidumping there is a reasonable basis to believe or investigation. We notified the ITC of our suspect that there have been massive action and initiated the investigation on imports over a relatively short period, March 1, 1984 (49 FR 8656). On March we considered the following factors: 26, 1984, we were informed by the ITC recent import penetration levels; that there is a reasonable indication that whether imports have surged recently; imports of carbon steel plate are

whether recent imports are significantly materially injuring a U.S. industry. above the average calculated over the

On July 19, 1984, the preliminary last three years (1981-1983); and determination in this investigation was whether the patterns of imports over made (49 FR 29986). On September 11, that three-year period may be explained 1984, counsel for the petitioner amended by seasonal swings. Based upon our its February 10, 1984 petition to allege analysis of the information, we that "critical circumstances" exist in the preliminarily determine that there have antidumping investigation of carbon not been massive imports of carbon steel plate, pursuant to section 733(e) of steel plate covered by this investigation the Act. Based on a request from

over a relatively short period.

Page 26

Marksmanship Program". Records in
this system have been in existence for
many years; issuance of a public notice
required by the Privacy Act was inadvertenty overlooked.

DATES: This notice is effective October

ADDRESS: Comments may be submitted

FOR FURTHER INFORMATION CONTACT:

SUPPLEMENTARY INFORMATION: The

1983 FR Doc 83–28792 (48 FR 49086), October 24,

1983 FR Doc 84-1118 (49 FR 2006), January 17, 1984 FR Doc 84-2331 (49 FR 3506), January 17, 1984 FR Doc 84-3683 (48 FR 5170), February 10,

1984 FR Doc 84-6438 (49 FR 8993), March 9, 1984 FR Doc 84–11652 (49 FR 1600), May 1, 1984 FR Doc 84–14035 (49 FR 22122), May 25, 1984

FR Doc 84–15558 (49 FR 24045). June 11, 1984

Report of a new system, required by 5
U.S.C 552a(o), was submitted on
September 25, 1984. The Office of Management and Budget granted a

waiver from the advance notice

OSD Federal Register Liaison Officer,

Rifle Practice, Office of the Under or criminal activity or allegations
Secretary of the Army, Washington, DC warrant. 20314-0100.

POLICIES AND PRACTICES FOR STORING,
CATEGORIES OF INDIVIDUAL COVERED BY THE RETRIEVING, ACCESSING, RETAINING, AND SYSTEM:

DISPOSING OF RECORDS IN THE SYSTEM: US citizens who are members of

STORAGE: civilian marksmanship clubs and State Marksmanship Associations enrolled

Paper records in rotary type Diebold with the Director of Civilian

containers; club records on magnetic

tape/disc. Marksmanship and are participants, competitors, or instructors in organized

RETRIEVABILITY: marksmanship programs; civilian and

By Club name: by individual military competitors in National

competitor/purchaser surname. Matches; applicants seeking to purchase M1 rifles.

SAFEGUARDS:
CATEGORIES OF RECORDS IN SYSTEM:

Information in this system of records
Applications of club membership

is available only to individuals have consisting of the following documents:

official need therefor. Records area is (a) DA Form 1271 (Application for

protected by an alarm system. Building Enrollment of a Civilian Rifle Club), (b)

housing records is protected by security DA Form 1272 (Bond Application for

guards. Civilian Rifle Club), (c) DA Form 1273 RETENTION AND DISPOSAL: (Requisition for Articles Authorized for

Issue to Civilian Rifle Clubs), (d) DA

Records on enrolled Civilian Rifle

Clubs and State Associations are
Form 1274 (Description of Available
Range Facilities for Civilian Rifle Clubs), following which they are destroyed by

retained for life of club, plus 2 years, (e) ODCM Form 137 (Roster of Club

shredding. Competitive score cards are Members) identifying each member by full name, address, birthdate, firing

maintained for 1 year; cumulative point

system record of individuals is courses participation by course title,

permanent. Record of firearms loan or score attained, and target fired for record, (f) DD Form 1584 (DOD) National individual) to retain firearm is retained

sale is retained 1 year. Certificate (of Agency Check Request) for each adult

permanently at the US Army Armament leader and club officer, (h) ODCM Form

Material Readiness Command, Rock 138 (Assurance of Compliance with Title

Island, IL 61299.
VI Civil Rights Act of 1964); Name, title,
and address of local or State law

SYSTEM MANAGER(S) AND ADDRESS: enforcement officer to whom the club is Director of Civilian Marksmanship/ known; Certificates of qualification or

Executive Officer for the National Board badges to eligible club members;

for the Promotion of Rifle Practice, receipts for arms on loan from the

Office of the Under Secretary of the Director of Civilian Marksmanship;

Army, Washington, DC 20314-0100. Certificate for Purchase of Firearms; results of NAC investigation; relevant NOTIFICATION PROCEDURE: correspondence and reports.

Individuals desiring to know whether AUTHORITY FOR MAINTENANCE OF THE

or not this system of records contains SYSTEM:

information on them may write to the

Director of Civilian Marksmanship at 10 U.S.C., section 4307-4313, 4652 and

the above address, providing full name, 32 U.S.C., section 316.

birthdate, information such as club of PURPOSE(S):

which a member, competition in which To promote, among citizens and other participated, firearm purchased, etc., persons subject to induction into the

and signature.
Armed Forces of the United States not

RECORD ACCESS PROCEDURES:
reached through training programs of the
Armed Forces, practice in the use of

Individuals desiring access to records military-type individual small arms; to

about themselves in this system should promote competitions in the use of arms;

submit a written request to the System and to issue equipment and awards

Manager and provide information as therefor.

required in "Notification procedure". ROUTINE USES OF RECORDS MAINTAINED IN

CONTESTING RECORD PROCEDURES:
THE SYSTEM, INCLUDING CATEGORIES OF

The Army's rules for access to records
USERS AND THE PURPOSES OF SUCH USES: and for contesting contents and

Information may be disclosed to appealing initial determinations are Federal, State and local law

contained in Army Regulation 340-21 (32 enforcement agencies when fraudulent CFR Part 505).

SYSTEM NAME:

Civilian Marksmanship Program. SYSTEM LOCATION:

Office of the Director of Civilian Marksmanship/Executive Office of the National Board for the Promotion of