issue-1994-01-07•Federal Register notices — 1994-01-07
Federal Register notices — 1994-01-07
issue-1994-01-07Federal Register notices — 1994-01-07Notice
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 94-529 COMMODITY FUTURES TRADING COMMISSION
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)] [Sunshine Act Meetings] [Page 1059] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-529] [[Page Unknown]] [Federal Register: January 7, 1994] ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION TIME AND DATE: 10:30 a.m., Monday, January 31, 1994. PLACE: 2033 K St., NW., Washington, DC, 8th Floor Hearing Room. STATUS: Closed. MATTERS TO BE CONSIDERED: Enforcement matters CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 254-6314. Jean A. Webb, Secretary of the Commission. [FR Doc. 94-529 Filed 1-5-94; 3:25 pm] BILLING CODE 6351-01-M
Complete official Federal Register PDF
FR Doc. 94-528 COMMODITY FUTURES TRADING COMMISSION
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)] [Sunshine Act Meetings] [Page 1059] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-528] [[Page Unknown]] [Federal Register: January 7, 1994] ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION Time and Date: 10:00 a.m., Monday, January 31, 1994. Place: 2033 K St., NW., Washington, DC, Lower Level Hearing Room. Status: Open. Matters to be Considered: Proposed rules on holding company risk assessment Final rules relating to reparation proceedings Contact Person for More Information: Jean A. Webb, Secretary of the Commission. Jean A. Webb, Secretary of the Commission. [FR Doc. 94-528 Filed 1-5-94; 3:25 pm] BILLING CODE 6351-01-M
Complete official Federal Register PDF
FR Doc. 94-527 COMMODITY FUTURES TRADING COMMISSION
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)] [Sunshine Act Meetings] [Page 1059] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-527] [[Page Unknown]] [Federal Register: January 7, 1994] ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION TIME AND DATE: 11:00 a.m., Tuesday, January 25, 1994. PLACE: 2033 K St., NW., Washington, DC, 8th Floor Hearing Room. STATUS: Closed. MATTERS TO BE CONSIDERED: Enforcement matters CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 254-6314. Jean A. Webb, Secretary of the Commission. [FR Doc. 94-527 Filed 1-5-94; 3:25 pm] BILLING CODE 6351-01-M
Complete official Federal Register PDF
FR Doc. 94-526 COMMODITY FUTURES TRADING COMMISSION
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)] [Sunshine Act Meetings] [Page 1059] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-526] [[Page Unknown]] [Federal Register: January 7, 1994] ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION TIME AND DATE: 10:30 a.m., Tuesday, January 25, 1994. PLACE: 2033 K St., NW., Washington, DC, 8th Floor Hearing Room. STATUS: Closed. MATTERS TO BE CONSIDERED: Enforcement objectives CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 254-6314. Jean A. Webb, Secretary of the Commission. [FR Doc. 94-526 Filed 1-5-94; 3:24 pm] BILLING CODE 6351-01-M
Complete official Federal Register PDF
FR Doc. 94-525 COMMODITY FUTURES TRADING COMMISSION
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)] [Sunshine Act Meetings] [Page 1059] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-525] [[Page Unknown]] [Federal Register: January 7, 1994] ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION TIME AND DATE: 10:00 a.m., Tuesday, January 25, 1994. PLACE: 2033 K St., NW., Washington, DC, Lower Level Hearing Room. STATUS: Open. MATTERS TO BE CONSIDERED: Quarterly review, First Quarter/FY 1994 CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, Secretary of the Commission. Jean A. Webb, Secretary of the Commission. [FR Doc. 94-525 Filed 1-5-94; 3:24 pm] BILLING CODE 6351-01-M
Complete official Federal Register PDF
FR Doc. 94-524 COMMODITY FUTURES TRADING COMMISSION
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)] [Sunshine Act Meetings] [Page 1059] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-524] [[Page Unknown]] [Federal Register: January 7, 1994] ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION TIME AND DATE: 11:30 a.m., Friday, January 14, 1994. PLACE: 2033 K St., NW., Washington, DC, 8th Floor Hearing Room. STATUS: Closed. MATTERS TO BE CONSIDERED: Enforcement Matters CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 254-6314. Jean A. Webb, Secretary of the Commission. [FR Doc. 94-524 Filed 1-5-94; 3:24 pm] BILLING CODE 6351-01-M
Complete official Federal Register PDF
FR Doc. 94-521 National Eye Institute; Meeting of the Board of Scientific Counselors
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-521]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
National Eye Institute; Meeting of the Board of Scientific
Counselors
Pursuant to Public Law 92-463, notice is hereby given of the
meeting of the Board of Scientific Counselors, National Eye Institute
(NEI), January 10 and 11, 1994, in the NEI Conference Room, Building
31, Room 6A35, National Institutes of Health, Bethesda, Maryland.
This meeting will be open to the public on January 10 from 9 a.m.
until approximately 4 p.m. for general remarks by the Institute's
Director, Intramural Research Programs, on matters concerning the
intramural programs of the NEI. Attendance by the public will be
limited to space available.
In accordance with provisions set forth in sec. 552b(c)(6), Title
5, U.S.C. and sec. 10(d) of Public Law 94-463, the meeting will be
closed to the public on January 10 from approximately 4 p.m. until
recess and on January 11 from 8:30 a.m. until adjournment for the
review, discussion, and evaluation of individual projects conducted by
the Laboratory of Retinal Cell and Molecular Biology. These evaluations
and discussions could reveal personal information concerning
individuals associated with the projects, including consideration of
personnel qualifications and performance, and the competence of
individual investigators, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy. Consequently, this
meeting is concerned with matters exempt from mandatory disclosure.
Ms. Lois DeNinno, Committee Management Officer, NEI, EPS/350,
Bethesda, Maryland 20892, (301) 496-5301, will provide a summary of the
meeting, roster of committee members, and substantive program
information upon request. Individuals who plan to attend and need
special assistance, such as sign language interpretation or other
reasonable accommodations, should contact Ms. DeNinno in advance of the
meeting.
This notice is being published later than fifteen days prior to the
meeting due to difficulty of coordinating the members' schedules.
(Catalog of Federal Domestic Assistance Program No. 93.867, Vision
Research; National Institutes of Health.)
Dated: January 4, 1994.
Susan K. Feldman,
Committee Management Officer, NIH.
[FR Doc. 94-521 Filed 1-6-94; 8:45 am]
BILLING CODE 4140-01-M
Complete official Federal Register PDF
FR Doc. 94-501 U.S. COMMISSION ON CIVIL RIGHTS
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Sunshine Act Meetings]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-501]
[[Page Unknown]]
[Federal Register: January 7, 1994]
Sunshine Act Meetings
U.S. COMMISSION ON CIVIL RIGHTS
DATE AND TIME: January 14, 1994, 9:00 a.m.
PLACE: U.S. Commission on Civil Rights, 624 Ninth Street, NW., room
540, Washington, DC 20425.
STATUS: Open to the Public.
January 14, 1994
I. Approval of Agenda
II. Approval of Minutes of November 29 and December 3, 1993 Meetings
III. Announcements
IV. Followup to Previous Meeting
V. Appointments to the Alaska (interim), Connecticut, Nevada, Texas,
and Virginia (interim) Advisory Committees
VI. White Supremacist Activity in Montana
VII. Hate Crime in Indiana: A Monitoring of the Level, Victims,
Locations, and Motivations
VIII. New York Hearing Update
IX. Fair Housing Report
X. Commissioner Task Force Report on SAC Projects and Reports
XI. Staff Director's Report
XII. Future Agenda Items
CONTACT PERSON FOR FUTURE INFORMATION: Barbara Brooks, Press and
Communications, (202) 376-8312.
Emma Mongroig,
Solicitor.
[FR Doc. 94-501 Filed 1-5-94; 2:23 pm]
BILLING CODE 6335-01-M
Complete official Federal Register PDF
FR Doc. 94-489 Advance Notice of Intent To Implement Changes in DOD Airlift Procurement Responsibilities
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1007-1008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-489]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF DEFENSE
Department of the Army
Advance Notice of Intent To Implement Changes in DOD Airlift
Procurement Responsibilities
AGENCY: Military Traffic Management Command, DOD.
ACTION: Notice of intent.
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SUMMARY: Headquarters, Military Traffic Management Command (HQMTMC)
will transfer its airlift procurement responsibilities to Headquarters,
Air Mobility Command (HQAMC) effective 1 January 1994. The decision to
transfer these responsibilities responds to Commander-in-Chief, United
States Transportation Command memorandum, September 27, 1993, subject:
USTRANSCOM Single Points of Contact (POC) for Airlift--Action
Memorandum. The current procedures for airlift procurement, agreement,
and process responsibilities: Air Carrier Qualification; Air Carrier
Service Evaluation; Air Freight Voluntary Tenders; General Services
Administration (GSA) Small Package Program; Uniform Passenger Tender
for Air; Group Passenger Movements; Military Air Transport Agreement
(MATA); and the Carrier Review Board (air carrier only) process. The
effect of this transfer will be to consolidate airlift procurement
functions with HQAMC. HQMTMC will continue to be the traffic management
interface with DOD customers for transportation requirements and the
procurement of CONUS land transportation.
EFFECTIVE DATES: Effective dates of transfer of responsibilities are
provided in supplementary information.
ADDRESSES: Headquarters, Military Traffic Management Command, ATTN:
MTOP-T-M/LTC Moore, 5611 Columbia Pike, Falls Church, VA 22041-5050.
FOR FURTHER INFORMATION CONTACT:
LTC John Moore, (703) 756-1196.
SUPPLEMENTARY INFORMATION: HQAMC will assume responsibilities for the
following functions as indicated and become USTRANSCOM's single POC for
airlift procurement to the air carrier industry. Summaries of the
changes are as follows:
a. Air Carrier Qualification and Service Evaluation. HQAMC assumes
responsibility for these functions effective January 1, 1994. This
includes service evaluations under pre-January 1, 1994 solicitations.
HQMTMC's airlift qualification and service evaluation authority expire
as of midnight, December 31, 1993. HQAMC will publish new air carrier
qualification and evaluation instructions.
b. Air Freight Voluntary Tenders. Air carriers will submit
voluntary tenders in accordance with (IAW) HQAMC instructions effective
January 1, 1994. HQAMC will process the tenders and, when approved,
forward the tenders to MTMC Eastern Area Command for inclusion into the
CONUS Freight Management System. HQMTMC will continue to provide the
single POC for traffic management interface with the shipper. HQMTMC's
air freight voluntary tender authority expires as of midnight, December
31, 1993. HQAMC will publish new voluntary tender instructions.
c. The GSA Small Package Program. HQAMC becomes the USTRANSCOM POC
with GSA on January 1, 1994. Military services will continue to submit
their requirements to HQMTMC in accordance with the Defense Traffic
Management Regulation (DTMR). HQMTMC will forward requirements to HQAMC
which will provide DOD requirements to GSA. GSA will award traffic and
inform HQAMC and HQMTMC of the carriers and rates. HQMTMC will continue
to provide the single POC for traffic management interface with the
shipper. HQMTMC's POC responsibilities with GSA expire as of midnight,
December 31, 1993.
d. Uniform Passenger Tender for Air. HQAMC will solicit uniform
passenger tenders for air services starting January 1, 1994. Military
services will continue to submit their requirements to HQMTMC IAW the
DTMR. HQMTMC will forward requirements to HQAMC which will solicit the
air industry for rates. HQAMC will process air carrier tenders and,
when approved, forward tenders to HQMTMC for inclusion into the group
move and recruit passenger systems. HQMTMC will continue to provide the
single POC for traffic management and land procurement services with
the shipper. HQMTMC's passenger tender authority expires as of
midnight, December 31, 1993. HQAMC will publish new air passenger
tender instructions.
e. Group Passenger Movements. HQAMC will procure air carrier
services for group movements starting January 1, 1994. Military
services will continue to submit their requirements to HQMTMC IAW the
DTMR. HQMTMC will forward requirements to HQAMC which will process the
solicitation and resulting air offers of service and forward the offers
of service to HQMTMC via the Groups Operational Passenger system for
evaluation. HQAMC will make air carrier awards. HQMTMC will continue to
be the single POC for DOD passenger requirements and traffic
management. HQMTMC's responsibilities regarding bus and rail carriers
do not change. HQMTMC's passenger airlift procurement authority expires
as of midnight, December 31, 1993. HQAMC will publish new airlift
procurement instructions.
f. Direct Procurement Method (DPM) Air (Personal Property)
Procedures. Military services will continue to submit their
requirements to HQMTMC IAW the Personal Property Traffic Management
Regulation. HQMTMC will forward requirements to HQMAMC which will
solicit rates from the air industry. HQAMC will process air carrier
rates and, when approved, forward the rates to HQMTMC for inclusion
into the personal property systems. HQMTMC will continue to provide the
single POC for traffic management interface with the shipper. HQMTMC's
airlift DPM procurement authority expires with the solicitation of the
International Winter Cycle--94 (Estimated--May 1994). HQAMC will
publish new airlift procurement instructions.
g. Military Air Transport Agreement (MATA). HQAMC will publish a
new MATA for comment and implementation on March 1, 1994.
h. Carrier Review Board process. HQAMC will publish new carrier
review board (nonuse and disqualification) procedures for comment and
implementation on January 1, 1994. Carrier review boards in process as
of December 31, 1993 will continue under the authority of HQMTMC until
the boards are finalized or board findings expire. Long term board
findings may be transferred to HQAMC.
Existing solicitations and traffic awards will continue under the
authority of HQMTMC until they expire or are assumed by HQAMC.
Kenneth L. Denton,
Army Federal Register Liaison Officer.
[FR Doc. 94-489 Filed 1-6-94; 8:45 am]
BILLING CODE 3710-08-M
Complete official Federal Register PDF
FR Doc. 94-488 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-488]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
time and date: 10:00 a.m., Thursday, January 13, 1994.
place: Room 600, 1730 K Street NW., Washington, DC.
status: Open.
matters to be considered: The Commission will consider and act upon the
following:
1. Dolese Brothers Co., Docket No. CENT 92-110-M. (Issues
include whether the judge erred in finding that Dolese violated 30
CFR 56.14211(d) by suspending a work platform from the load line of
a hydraulic crane that was not equipped with an anti-two block
device to prevent contact between the load block and the tip of the
boom.)
Any person attending this meeting who requires special
accessibility features and/or auxiliary aids, such as sign language
interpreters, must inform the Commission in advance of those needs.
Subject to 29 CFR 2706.150(a)(3) and 2706.160(e).
contact person for more information: Jean Ellen (202) 653-5629 / (202)
708-9300 for TDD Relay / 1-800-877-8339 for toll free.
Jean H. Ellen,
Agenda Clerk.
[FR Doc. 94-488 Filed 1-5-94; 2:22 pm]
BILLING CODE 6735-01-M
Complete official Federal Register PDF
FR Doc. 94-485 FOREIGN CLAIMS SETTLEMENT COMMISSION
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Sunshine Act Meetings]
[Page 1060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-485]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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FOREIGN CLAIMS SETTLEMENT COMMISSION
FCSC Meeting Notice No. 4-94
Announcement in Regard to Commission Meetings and Hearings
The Foreign Claims Settlement Commission, pursuant to its
regulations (45 CFR Part 504), and the Government in the Sunshine Act
(5 U.S.C. 552b), hereby gives notice in regard to the scheduling of
open meetings and oral hearings for the transaction of Commission
business and other matters specified, as follows:
Date, Time, and Subject Matter
Friday, January 14, 1994 at 10:30 a.m.: Hearings on the record
on objections to Proposed Decisions in the following claims against
Iran:
--IR-0623--James Hopper
--IR-2319--James A. Corbett
Consideration of Proposed Decisions on Claims against Iran.
Subject matter listed above, not disposed of at the scheduled
meeting, may be carried over to the agenda of the following meeting.
All meetings are held at the Foreign Claims Settlement Commission,
601 D Street, NW., Washington, DC. Requests for information, or advance
notices of intention to observe a meeting, may be directed to:
Administrative Officer, Foreign Claims Settlement Commission, 601 D
Street, NW., Room 10000, Washington, DC 20579. Telephone: (202) 208-
7727.
Dated at Washington, DC, on January 4, 1994.
Judith H. Lock,
Administrative Officer.
[FR Doc. 94-485 Filed 1-5-94; 12:32 pm]
BILLING CODE 4410-01-M
Complete official Federal Register PDF
FR Doc. 94-465 BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Sunshine Act Meetings]
[Page 1060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-465]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
TIME AND DATE: 10 a.m., Wednesday, January 12, 1994.
PLACE: Marriner S. Eccles Federal Reserve Board Building, C Street
entrance between 20th and 21st Streets, NW., Washington, DC 20551.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
1. Personnel 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 holding company applications
scheduled for the meeting.
Dated: January 5, 1994.
Jennifer J. Johnson,
Associate Secretary of the Board.
[FR Doc. 94-465 Filed 1-5-94; 12:10 pm]
BILLING CODE 6210-01-P
Complete official Federal Register PDF
FR Doc. 94-408 Disabilities Prevention Program Project; Workshop
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-408]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Disabilities Prevention Program Project; Workshop
The National Center for Environmental Health (NCEH) of the Centers
for Disease Control and Prevention (CDC) announces the following
meeting.
Name: Disabilities Prevention Program Project Workshop.
Times and dates: 10 a.m.-5 p.m., January 23, 1994, 8:30 a.m.-4
p.m., January 24, 1994, 8:30 a.m.-12:30 p.m., January 25, 1994.
Place: Swissotel Atlanta, 3391 Peachtree Road, NE., Atlanta,
Georgia 30326.
Status: The meeting will be open to the public for observation,
participation, and comment, limited only by the space available.
Purpose: The project workshop will provide a forum for
presentations and discussions about primary and secondary disabilities,
public health methods for prevention of disabilities, and current and
future program priorities. In addition, individualized technical
assistance related to project issues will be available to grantees upon
request.
Matters to be discussed: The workshop will include discussions of
secondary conditions, surveillance for developmental disabilities,
surveillance for head and spinal cord injuries, community
interventions, State strategic plans, and project management issues.
Contact person for further information: Larry Burt, Program
Manager, Disabilities Prevention Program, NCEH, CDC, 4770 Buford
Highway, Mailstop F-29, Atlanta, Georgia 30341, telephone (404) 488-
7080 or FAX (404) 488-7075.
Dated: January 3, 1994.
Elvin Hilyer,
Associate Director for Policy Coordination, Centers for Disease Control
and Prevention (CDC).
[FR Doc. 94-408 Filed 1-6-94; 8:45 am]
BILLING CODE 4160-18-M
Complete official Federal Register PDF
FR Doc. 94-406 Mississippi River Coordinating Commission Meeting
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-406]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF THE INTERIOR
Mississippi River Coordinating Commission Meeting
AGENCY: National Park Service, Interior.
ACTION: Notice of meeting.
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SUMMARY: This notice sets forth changes in the meeting schedule for the
Mississippi River Coordinating Commission. Notice of this meeting is
required under the Federal Advisory Committee Act (Pub. L. 92-463).
Meeting Date and Time: Friday, February 25, 1994, 8 a.m. until 5 p.m.
ADDRESS: Metropolitan Council Chambers, Mears Park Centre, 230 East
Fifth Street, Saint Paul, Minnesota.
The agenda for the meeting consists of Commission review and
discussion of a revised draft comprehensive management plan for the
Mississippi National River and Recreation Area. The discussion
continues the Commission's deliberation on public input received on the
previously released draft comprehensive management plan and draft
environmental impact statement.
SUPPLEMENTARY INFORMATION: The Mississippi River Coordinating
Commission was established by Public Law 100-696, November 18, 1988.
FOR FURTHER INFORMATION CONTACT: Superintendent, Mississippi National
River and Recreation Area, 175 East Fifth Street, Suite 418, St. Paul,
Minnesota 55101, (612)-290-4160.
Dated: December 22, 1993.
William W. Schenk,
Acting Regional Director, Midwest Region.
[FR Doc. 94-406 Filed 1-6-94; 8:45 am]
BILLING CODE 4310-70-P
Complete official Federal Register PDF
FR Doc. 94-405 Missouri National Recreational River Advisory Group Meeting
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-405]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF THE INTERIOR
National Park Service
Missouri National Recreational River Advisory Group Meeting
AGENCY: National Park Service, Interior.
ACTION: Notice of meeting.
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SUMMARY: This notice sets the schedule for the forthcoming meeting of
the Missouri National Recreational River Advisory Group. Notice of this
meeting is required under the Federal Advisory Committee Act (Pub. L.
92-463). Meeting Date and Time: Wednesday, February 2, 1994; 1:30 p.m.
until 4:30 p.m.
Address: City Hall Meeting Room, 106 Sheridan Street, Wagner, South
Dakota.
(Inclement weather date: February 10, 1994, same time and
location.) The agenda for the meeting consists of discussion of the
advisory group's response to the draft management alternatives and
draft boundary alternatives which were presented to the group at the
last meeting (12/8/93); an update on the status of the Missouri
Recreational River general management plan presented by the National
Park Service noting any changes since the previous meeting; additional
public comment received from the newsletter; the opportunity for public
comment; and a proposed agenda, date, time, and location for the next
meeting.
The meeting is open to the public. Interested persons may make
oral/written presentation to the Commission or file written statements.
Requests for time for making presentations may be made to the
Superintendent prior to the meeting or to the Chair at the beginning of
the meeting.
The meeting will be recorded for documentation and a summary in the
form of minutes will be transcribed for dissemination. Minutes of the
meeting will be made available to the public after approval by the
Commission members. Copies of the minutes may be requested by
contacting the Superintendent. An audio tape of the meeting will be
available at the headquarters office of the Niobrara/Missouri National
Scenic Riverways in O'Neill, Nebraska.
SUPPLEMENTARY INFORMATION: The advisory commission was established by
the law that established the Missouri National Recreational River,
Public Law 102-50. The purpose of the group, according to its charter,
is to advise the Secretary of the Interior on matters pertaining to the
development of a management plan, and management and operation of the
recreational river. The Missouri National Recreational River is the 39-
mile, free-flowing segment of the Missouri from Fort Randall Dam to the
vicinity of Springfield in South Dakota.
FOR FURTHER INFORMATION CONTACT: Warren Hill, Superintendent, Niobrara/
Missouri National Scenic Riverways, P.O. Box 591, O'Neill, Nebraska
68763-0591, (402)-336-3970.
Dated: December 27, 1993.
David N. Given,
Acting Regional Director, Midwest Region.
[FR Doc. 94-405 Filed 1-6-94; 8:45 am]
BILLING CODE 4310-70-P
Complete official Federal Register PDF
FR Doc. 94-403 Niobrara Scenic River Advisory Commission Meeting
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-403]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF THE INTERIOR
Niobrara Scenic River Advisory Commission Meeting
AGENCY: National Park Service, Interior.
ACTION: Notice of meeting.
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SUMMARY: This notice sets the schedule for the forthcoming meeting of
the Niobrara Scenic River Advisory Commission. Notice of this meeting
is required under the Federal Advisory Committee Act (Public Law 92-
463).
Meeting Date and Time: February 9, 1993 1 p.m.
Address: American Legion Club meeting room, 201 E. Buchanan
Street, Bassett, Nebraska.
(In the event of inclement weather, the meeting will be held the
following week, February 16, 1993, at 1 p.m. at the same location.
Cancellation notice will be communicated over the local radio
stations.)
Agenda topics include: an update and discussion on the status of
the draft management plan for the Niobrara Scenic River by the National
Park Service planning team (including boundary alternatives, and
meeting with landowners); the opportunity for public comment, and a
proposed agenda, date, time, and location for the next meeting.
The meeting is open to the public. Interested persons may make
oral/written presentation to the Commission or file written statements.
Requests for time for making presentations may be made to the
Superintendent prior to the meeting or to the Chair at the beginning of
the meeting. In order to accomplish the agenda for the meeting the
Chair may want to limit or schedule public presentations.
The meeting will be recorded for documentation and a summary in the
form of minutes will be transcribed for dissemination. Minutes of the
meeting will be made available to the public after approval by the
Commission members. Copies of the minutes may be requested by
contacting the Superintendent. An audio tape of the meeting will be
available at the headquarters office of the Niobrara/Missouri National
Scenic Riverways in O'Neill, Nebraska.
SUPPLEMENTAL INFORMATION: The Commission was established pursuant to
Public Law 102-50, section 5. The purpose of the Commission is to
consult with the Secretary of the Interior, or his designee, on matters
pertaining to the development of a management plan, and on the
management and operation of the 40-mile and 30-mile segments of the
Niobrara River designated by section 2 of Public Law 102-50 which lie
outside the boundary of the Fort Niobrara National Wildlife Refuge and
that segment of the Niobrara River from its confluence with Chimney
Creek to its confluence with Rock Creek.
FOR FURTHER INFORMATION CONTACT: Warren Hill, Superintendent, Niobrara/
Missouri National Scenic Riverways, P.O. Box 591, O'Neill, Nebraska
68763-0591, (402) 336-3970.
Dated: December 22, 1993.
William W. Schenk,
Acting Regional Director, Midwest Region.
[FR Doc. 94-403 Filed 1-6-94; 8:45 am]
BILLING CODE 4310-70-P
Complete official Federal Register PDF
FR Doc. 94-402 Notice of Transmittal of the United States General Accounting Office Compliance Report to the President and the Congress Covering Reports Issued During the Session of Congress Ending November 26, 1993
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-402]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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GENERAL ACCOUNTING OFFICE
Notice of Transmittal of the United States General Accounting
Office Compliance Report to the President and the Congress Covering
Reports Issued During the Session of Congress Ending November 26, 1993
Pursuant to the Omnibus Budget Reconciliation Act of 1990, section
254(b), the United States General Accounting Office hereby reports that
it has submitted its Compliance Report covering reports issued during
the session of Congress ending November 26, 1993 to the President of
the United States, the President of the Senate, and the Speaker of the
House of Representatives.
Paul L. Posner,
Director, Budget Issues, Accounting and Information Management
Division.
[FR Doc. 94-402 Filed 1-6-94; 8:45 am]
BILLING CODE 1610-01-M
Complete official Federal Register PDF
FR Doc. 94-401 Stainless Steel Bar From Brazil, India, Italy, Japan, and Spain
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1027-1028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-401]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-678 through 682; Preliminary]
Stainless Steel Bar From Brazil, India, Italy, Japan, and Spain
AGENCY: United States International Trade Commission.
ACTION: Institution and scheduling of preliminary antidumping
investigations.
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SUMMARY: The Commission hereby gives notice of the institution of
preliminary antidumping investigations Nos. 731-TA-678 through 682
(Preliminary) under section 733(a) of the Tariff Act of 1930 (19 U.S.C.
Sec. 1673b(a)) to determine whether there is a reasonable indication
that an industry in the United States is materially injured, or is
threatened with material injury, or the establishment of an industry in
the United States is materially retarded, by reason of imports from
Brazil, India, Italy, Japan, and Spain of stainless steel bar, provided
for in subheadings 7220.11.00, 7220.12.50, 7222.10.00, 7222.20.00, and
7222.30.00 of the Harmonized Tariff Schedule of the United States, that
are alleged to be sold in the United States at less than fair
value.1 The Commission must complete preliminary antidumping
investigations in 45 days, or in this case by February 14, 1994.
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\1\ For purposes of these investigations, the term ``stainless
steel bar'' means articles of stainless steel in straight lengths
that have been either hot-rolled, forged, turned, cold-drawn, cold-
rolled, or otherwise cold-finished, or ground, having a uniform
solid cross section along their whole length in the shape of
circles, segments of circles, ovals, rectangles (including squares),
triangles, hexagons, octagons, or other convex polygons, as well as
hot-rolled flat-rolled products from 6.35 to 254 mm (inclusive) in
width and 3.18 mm and over in thickness. Except as specified above,
the term does not include stainless steel flat-rolled products,
wire, angles, shapes, or sections. Stainless steel bar includes
cold-finished stainless steel bars that are turned or ground in
straight lengths, whether produced from hot-rolled bar or from
straightened and cut rod or wire, and reinforcing bars that have
indentations, ribs, grooves, or other deformations produced during
the rolling process.
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For further information concerning the conduct of these
investigations and rules of general application, consult the
Commission's Rules of Practice and Procedure, part 201, subparts A
through E (19 CFR part 201), and part 207, subparts A and B (19 CFR
part 207).
EFFECTIVE DATE: December 30, 1993.
FOR FURTHER INFORMATION CONTACT: Jonathan Seiger (202-205-3183), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000.
SUPPLEMENTARY INFORMATION:
Background
These investigations are being instituted in response to a petition
filed on December 30, 1993, by Al Tech Specialty Steel Corp., Dunkirk,
NY; Carpenter Technology Corp., Reading, PA; Republic Engineered
Steels, Inc., Massillon, OH; Slater Steels Corp., Fort Wayne, IN;
Talley Metals Technology, Inc., Hartsville, SC; and the United
Steelworkers of America, AFL-CIO/CLC.
Participation in the Investigations and Public Service List
Persons (other than petitioners) wishing to participate in the
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Secs. 201.11 and 207.10 of
the Commission's rules, not later than seven (7) days after publication
of this notice in the Federal Register. The Secretary will prepare a
public service list containing the names and addresses of all persons,
or their representatives, who are parties to these investigations upon
the expiration of the period for filing entries of appearance.
Limited Disclosure of Business Proprietary Information (BPI) Under an
Administrative Protective Order (APO) and BPI Service List
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in these preliminary investigations available to
authorized applicants under the APO issued in the investigations,
provided that the application is made not later than seven (7) days
after the publication of this notice in the Federal Register. A
separate service list will be maintained by the Secretary for those
parties authorized to receive BPI under the APO.
Conference
The Commission's Director of Operations has scheduled a conference
in connection with these investigations for 9:30 a.m. on January 20,
1994, at the U.S. International Trade Commission Building, 500 E Street
SW., Washington, DC. Parties wishing to participate in the conference
should contact Jonathan Seiger (202-205-3183) not later than January
18, 1994, to arrange for their appearance. Parties in support of the
imposition of antidumping duties in these investigations and parties in
opposition to the imposition of such duties will each be collectively
allocated one hour within which to make an oral presentation at the
conference. A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the conference.
Written Submissions
As provided in Secs. 201.8 and 207.15 of the Commission's rules,
any person may submit to the Commission on or before January 25, 1994,
a written brief containing information and arguments pertinent to the
subject matter of the investigations. Parties may file written
testimony in connection with their presentation at the conference no
later than three (3) days before the conference. If briefs or written
testimony contain BPI, they must conform with the requirements of
Secs. 201.6, 207.3, and 207.7 of the Commission's rules.
In accordance with Secs. 201.16(c) and 207.3 of the rules, each
document filed by a party to the investigations must be served on all
other parties to the investigations (as identified by either the public
or BPI service list), and a certificate of service must be timely
filed. The Secretary will not accept a document for filing without a
certificate of service.
Authority: These investigations are being conducted under
authority of the Tariff Act of 1930, title VII. This notice is
published pursuant to section 207.12 of the Commission's rules.
Dated: January 4, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-401 Filed 1-6-94; 8:45 am]
BILLING CODE 7020-02-P
Complete official Federal Register PDF
FR Doc. 94-400 Coumarin From the People's Republic of China
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1026-1027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-400]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-677; Preliminary]
Coumarin From the People's Republic of China
AGENCY: United States International Trade Commission.
ACTION: Institution and scheduling of a preliminary antidumping
investigation.
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SUMMARY: The Commission hereby gives notice of the institution of
preliminary antidumping investigation No. 731-TA-677 (Preliminary)
under section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) to
determine whether there is a reasonable indication that an industry in
the United States is materially injured, or is threatened with material
injury, or the establishment of an industry in the United States is
materially retarded, by reason of imports from the People's Republic of
China of coumarin,1 provided for in subheading 2932.21.00 of the
Harmonized Tariff Schedule of the United States, that are alleged to be
sold in the United States at less than fair value. The Commission must
complete preliminary antidumping investigations in 45 days, or in this
case by February 14, 1994.
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\1\ The chemical coumarin is a lactone with the formula
C9H6O2.
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For further information concerning the conduct of this
investigation and rules of general application, consult the
Commission's Rules of Practice and Procedure, part 201, subparts A
through E (19 CFR part 201), and part 207, subparts A and B (19 CFR
part 207).
EFFECTIVE DATE: December 30, 1993.
FOR FURTHER INFORMATION CONTACT: Douglas Corkran (202-205-3177), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000.
SUPPLEMENTARY INFORMATION:
Background
This investigation is being instituted in response to a petition
filed on December 30, 1993, by Rhone-Poulenc Specialty Chemicals
Company, Cranbury, NJ.
Participation in the Investigation and Public Service List
Persons (other than petitioners) wishing to participate in the
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Secs. 201.11 and 207.10 of
the Commission's rules, not later than seven (7) days after publication
of this notice in the Federal Register. The Secretary will prepare a
public service list containing the names and addresses of all persons,
or their representatives, who are parties to this investigation upon
expiration of the period for filing entries of appearance.
Limited Disclosure of Business Proprietary Information (BPI) Under an
Administrative Protective Order (APO) and BPI Service List
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in this preliminary investigation available to
authorized applicants under the APO issued in the investigation,
provided that the application is made not later than seven (7) days
after the publication of this notice in the Federal Register. A
separate service list will be maintained by the Secretary for those
parties authorized to receive BPI under the APO.
Conference
The Commission's Director of Operations has scheduled a conference
in connection with this investigation for 9:30 a.m. on January 20,
1994, at the U.S. International Trade Commission Building, 500 E Street
SW., Washington, DC. Parties wishing to participate in the conference
should contact Douglas Corkran (202-205-3177) not later than January
18, 1994, to arrange for their appearance. Parties in support of the
imposition of antidumping duties in this investigation and parties in
opposition to the imposition of such duties will each be collectively
allocated one hour within which to make an oral presentation at the
conference. A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the conference.
Written Submissions
As provided in Secs. 201.8 and 207.15 of the Commission's rules,
any person may submit to the Commission on or before January 25, 1994,
a written brief containing information and arguments pertinent to the
subject matter of the investigation. Parties may file written testimony
in connection with their presentation at the conference no later than
three (3) days before the conference. If briefs or written testimony
contain BPI, they must conform with the requirements of Secs. 201.6,
207.3, and 207.7 of the Commission's rules.
In accordance with Secs. 201.16(c) and 207.3 of the rules, each
document filed by a party to the investigation must be served on all
other parties to the investigation (as identified by either the public
or BPI service list), and a certificate of service must be timely
filed.
The Secretary will not accept a document for filing without a
certificate of service.
Authority: This investigation is being conducted under authority
of the Tariff Act of 1930, title VII. This notice is published
pursuant to section 207.12 of the Commission's rules.
Dated: January 3, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-400 Filed 1-6-94; 8:45 am]
BILLING CODE 7020-02-P
Complete official Federal Register PDF
FR Doc. 94-399 Meeting
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-399]
[[Page Unknown]]
[Federal Register: January 7, 1994]
VOL. 59, NO. 5
Friday, January 7, 1994
=======================================================================
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ADVISORY COUNCIL ON HISTORIC PRESERVATION
Meeting
Agency: Advisory Council on Historic Preservation.
Action: Notice of meeting.
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Summary: Notice is hereby given that the Advisory Council on Historic
Preservation will meet on Wednesday, January 12, 1994. The meeting will
be held in Room M09 at the Old Post Office, 1100 Pennsylvania Avenue,
NW., Washington, DC, beginning at 8:30 a.m.
The Council was established by the National Historic Preservation
Act of 1966 (16 U.S.C. 470) to advise the President and the Congress on
matters relating to historic preservation and to comment upon Federal,
federally assisted, and federally licensed undertakings having an
effect upon properties listed in or eligible for inclusion in the
National Register of Historic Places. The Council's members are the
Architect of the Capitol; the Secretaries of the Interior, Agriculture,
and Transportation; the Administrators of the Environmental Protection
Agency and the General Services Administration; the head of an
additional Federal agency; the Chairman of the National Trust for
Historic Preservation; the President of the National Conference of
State Historic Preservation Officers; a Governor; a Mayor; a Native
American or Native Hawaiian; and eight non-Federal members appointed by
the President.
The agenda for the meeting includes the following:
I. Chairman's Welcome/Opening
II. Opportunities for Leadership: A Discussion of the Role of the
Council in the Clinton Administration
III. Revision of the Council's Section 106 Regulations
IV. Historic Preservation Legislation
V. Executive Director's Report
VI. Section 106 Cases
VII. New Business
VIII. Adjourn
Note: The meetings of the Council are open to the public. If you
need special accommodations due to a disability, please contact the
Advisory Council on Historic Preservation, 1100 Pennsylvania Ave.,
NW., room 809, Washington, DC 202-606-8503, at least seven (7) days
prior to the meeting.
For further information contact: Additional information concerning the
meeting is available from the Executive Director, Advisory Council on
Historic Preservation, 1100 Pennsylvania Ave., NW., #809, Washington,
DC 20004.
Dated: January 4, 1994.
Robert D. Bush,
Executive Director.
[FR Doc. 94-399 Filed 1-6-94; 8:45 am]
BILLING CODE 4310-10-M
Complete official Federal Register PDF
FR Doc. 94-398 Self-Regulatory Organizations; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change by the Philadelphia Stock Exchange, Inc. Relating to an Extension of the Effectiveness of Its Pilot Program and Accompanying Rules Regarding the Trading of Nasdaq/National Market System Securities Through December 31, 1994
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1045-1047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-398]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-33408; File No. SR-PHLX-93-63]
Self-Regulatory Organizations; Notice of Filing and Order
Granting Accelerated Approval of Proposed Rule Change by the
Philadelphia Stock Exchange, Inc. Relating to an Extension of the
Effectiveness of Its Pilot Program and Accompanying Rules Regarding the
Trading of Nasdaq/National Market System Securities Through December
31, 1994
December 30, 1993.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 27, 1993, the Philadelphia Stock Exchange, Inc. (``PHLX''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons and to
grant accelerated approval of the proposed rule change.
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\1\15 U.S.C. 78s(b)(1) (1988).
\2\17 CFR 240.19b-4 (1991).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The PHLX proposes to extend the effectiveness of the pilot program
and its accompanying rules regarding the trading of Nasdaq/National
Market System (``NMS'') securities on the Exchange for the one-year
period ending December 31, 1994.\3\
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\3\The Commission initially approved this pilot program and the
accompanying rules for a temporary period ending on December 31,
1993. Securities Exchange Act Release No. 31672 (December 30, 1992),
58 FR 3054 (order temporarily approving File No. SR-PHLX-92-04)
(``1992 PHLX Pilot Order'').
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The Exchange requests the Commission to find good cause, pursuant
to section 19(b)(2) of the Act, for approving the proposed rule change
prior to the thirtieth day after publication in the Federal Register.
The PHLX states that it respectfully is requesting accelerated approval
of this filing due to the noncontroversial nature of the pilot program
coupled with the impending lapse of the PHLX's OTC/UTP privileges on
December 31, 1993.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item III below. The self-regulatory
organization has prepared summaries, set forth in sections A, B, and C
below, of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
On June 26, 1993, the Commission approved a transaction reporting
plan (``Plan'') submitted by the National Association of Securities
Dealers, Inc. (``NASD''), the American Stock Exchange (``Amex''), the
Boston Stock Exchange (``BSE''), the Midwest Stock Exchange (currently
the Chicago Stock Exchange, or ``CHX''), and the PHLX (cumulatively,
``Participants'').\4\ The Plan governs the collection, consolidation,
and dissemination of quotation and transaction information for Nasdaq/
NMS securities traded on exchanges and by NASD market makers.\5\
---------------------------------------------------------------------------
\4\Securities Exchange Act Release No. 28146 (June 26, 1990), 55
FR 27917. The Commission notes that certain enhancements to
electronic linkages were required before trading pursuant to the
Plan could begin. These enhancements were completed and trading
pursuant to the Plan commenced in June 1993 on a one-year pilot
basis.
\5\See Securities Exchange Act Release No. 30984 (July 31,
1992), 57 FR 36114 (notice of filing of proposed rule change, File
No. SR-PHLX-92-04). The Plan also superseded an interim transaction
reporting plan filed by the NASD and the CHX and approved by the
Commission on April 29, 1987. See Securities Exchange Act Release
No. 24407 (April 29, 1987), 52 FR 17349.
---------------------------------------------------------------------------
Although the CHX has been trading Nasdaq/NMS securities since 1987,
the PHLX obtained temporary approval of its rules to facilitate trading
Nasdaq/NMS securities in late 1992,\6\ and the PHLX began trading those
securities pursuant to unlisted trading privileges (``UTP'') and the
pilot program in February, 1993. Since that time, the PHLX has been
operating the program without any adverse consequences or developments
which negatively impact upon the program and, therefore, seeks an
extension of the pilot program to develop the UTP program further.\7\
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\6\1992 PHLX Pilot Order, supra note 3.
\7\The Exchange attached Exhibit B to the proposal which
provides an accounting of the number of shares and number of trades
executed on the PHLX pursuant to the pilot program since its
inception in February, 1993. Exhibit B states a total PHLX pilot
program volume through November 19, 1993 of 457,790 shares.
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The PHLX will continue to submit OTC/UTP applications to the
Commission for specific securities for approval pursuant to section
12(f) of the Act.\8\ Further, the PHLX understands that in considering
an application for the extension of UTP to an OTC security pursuant to
section 12(f)(2), the Commission considers, inter alia, the public
trading activity in the security, the character of that trading, the
impact of an extension of UTP on the existing markets for the security,
and the desirability of removing impediments to and the progress that
has been made toward the development of a national market system.
---------------------------------------------------------------------------
\8\Commission approval of the Plan limits the PHLX authority to
submit OTC/UTP applications for trading in up to a maximum of 100
Nasdaq/NMS securities. The PHLX must submit OTC/UTP applications to
the Commission for specific securities for approval pursuant to
section 12(f) of the Act.
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2. Statutory Basis
This proposal is consistent with the requirements of the Act and
the rules and regulations promulgated thereunder. Specifically, the
proposal complies with section 6(b)(5) of the Act insofar as it is
calculated to promote just and equitable principles of trade and to
protect investors and the public interest.
B. Self-Regulatory Organization's Statement on Burden on Competition
The PHLX does not believe that the proposed rule change will impose
any burden on competition.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
Written comments were neither solicited nor received with respect
to the proposed rule change.
III. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing. Persons making written submissions
should file six copies thereof with the Secretary, Securities and
Exchange Commission, 450 Fifth Street NW., Washington, DC 20549. Copies
of the submission, all subsequent amendments, all written statements
with respect to the proposed rule change that are filed with the
Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying at the
Commission's Public Reference Section, 450 Fifth Street NW.,
Washington, DC 20549. Copies of such filing will also be available for
inspection and copying at the principal office of the PHLX. All
submissions should refer to File No. SR-PHLX-93-63 and should be
submitted by January 28, 1994.
IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change
The Commission believes that the PHLX's proposal to extend the
effectiveness of its pilot program and accompanying rules with respect
to UTP in OTC securities is consistent with the requirements of the Act
and the rules and regulations thereunder applicable to a national
securities exchange.\9\ Specifically, the Commission believes that the
proposed rule change is consistent with sections 6(b)(5), 11A and 12(f)
of the Act.\10\
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\9\For a more detailed discussion of the Commission's findings
with respect to the pilot program and its consistency with the Act,
see 1992 PHLX Pilot Order, supra note 3.
\10\15 U.S.C. 78f(b)(5), 78k-1, 78l(f) (1988). Section 6(b)(5)
requires, among other things, that the rules of an exchange be
designed to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general,
to protect investors and the public interest. Section 11A provides,
among other things, that it is in the public interest and
appropriate for the protection of investors to assure fair
competition among brokers and dealers, among exchange markets, and
between exchange markets and markets other than exchange markets.
Section 12(f) provides the terms and conditions regarding exchange
applications for unlisted trading privileges and Commission approval
of those applications.
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In 1985, the Commission published its policy to extend UTP to
national securities exchanges in certain OTC securities provided
certain terms and conditions are satisfied.\11\ The Commission's policy
stated that UTP approval would be conditioned, in part, on the approval
of a plan to consolidate and disseminate exchange and OTC quotation
data and transaction data upon which UTP is granted. As noted above, in
1990, the Commission approved the Plan which provides for the
collection, consolidation, and dissemination of quotation and
transaction information for Nasdaq/NMS securities listed on an exchange
or traded on an exchange pursuant to a grant of UTP.\12\ Trading
subject to Plan requirements in securities approved for UTP on the PHLX
pursuant to section 12(f)(2) are and will continue to be reported in
the consolidated transaction reporting system established under the
Plan.
---------------------------------------------------------------------------
\11\Securities Exchange Act Release No. 22412 (September 16,
1985), 50 FR 38640.
\12\See note 4, supra.
---------------------------------------------------------------------------
In our 1992 PHLX Pilot Order, the Commission emphasized that PHLX
specialists trading Nasdaq/NMS securities pursuant to the grant of UTP
are subject to Plan requirements as well as the PHLX By-Laws and Rules.
Moreover, the Commission stated its intent to monitor any potential
abuse of the informational advantage that options traders could acquire
from the PHLX equity floor with respect to securities traded under the
PHLX pilot program. In extending the PHLX pilot for an additional year,
the Commission again emphasizes that PHLX specialists trading Nasdaq/
NMS securities pursuant to the grant of UTP continue to be subject to
Plan requirements as well as the PHLX By-Laws and Rules. The Commission
also will continue to monitor side-by-side trading concerns during this
extension of the pilot procedures.
In approving the Plan, the Commission noted that the Plan should
enhance market efficiency and fair competition, avoid investor
confusion, and facilitate regulatory surveillance of concurrent
exchange and OTC trading. The Commission continues to believe that the
proposed rule change will further promote these goals and the
development of a national market system. However, in approving the Plan
and in our 1992 PHLX Pilot Order, the Commission requested that the
Participants evaluate the effect of OTC/UTP trading on the OTC market.
The Commission also requested that the UTP Participants evaluate the
quality of executions of customer orders and whether the Plan
facilitates the goals of a national market system. To date, the
Commission has not received the Participants' evaluations regarding
these concerns.
While the PHLX has provided the Commission with useful information
concerning trading volume in the relevant securities,\13\ and the PHLX
states in this filing that it has suffered no adverse consequences
under the pilot, the PHLX should evaluate the effect of OTC/UTP trading
on the OTC market, the quality of execution on customer orders, and
whether the Plan facilitates the goals of a national market system.\14\
The Commission requests that the PHLX submit to the Commission a
written evaluation of these issues, along with a statement addressing
the Commission's side-by-side trading concerns discussed above, on or
before November 1, 1994, along with either a request for permanent
approval or an additional extension of this PHLX pilot program and the
accompanying rules.
---------------------------------------------------------------------------
\13\See discussion of Exhibit B, note 7, supra.
\14\The Commission also stated in our 1992 PHLX Pilot Order that
the Participants should develop an intermarket trading linkage and
an accompanying trade-through rule. The Commission believes that the
Participants should continue working toward these goals.
---------------------------------------------------------------------------
The Commission believes that it is appropriate to extend the PHLX
pilot program of OTC/UTP trading for an additional year while the
Commission awaits the Participants' evaluations of their trading
experience pursuant to the Plan. Moreover, the Commission believes that
PHLX OTC/UTP trading, as limited by the Plan and this pilot program,
generally furthers the objectives of a national market system and is
consistent with the maintenance of fair and orderly markets and the
protection of investors as required by sections 6(b)(5), 11A and 12(f)
of the Act.
V. Conclusion
For the reasons stated above, the Commission believes that it is
appropriate to extend the PHLX pilot program for OTC/UTP trading for an
additional year.
The Commission finds good cause for approving the proposed rule
change prior to the thirtieth day after the date of publication of
notice of filing thereof in the Federal Register. The Commission
believes that accelerated approval of the proposal is appropriate in
order to allow the PHLX to continue trading pursuant to the pilot
program on an uninterrupted basis. Further, the pilot program and the
accompanying rules have been noticed previously in the Federal Register
for the full statutory period, and the Commission received no comments
on the proposal.\15\
---------------------------------------------------------------------------
\15\See supra note 4.
---------------------------------------------------------------------------
It is therefore ordered, pursuant to section 19(b)(2)\16\ that the
proposed rule change is hereby approved on a pilot basis through
December 31, 1994.
\16\15 U.S.C. 78s(b)(2) (1988).
---------------------------------------------------------------------------
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------
\17\17 CFR 200.30-3(a)(12) (1991).
---------------------------------------------------------------------------
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-398 Filed 1-6-94; 8:45 am]
BILLING CODE 8010-01-M
Complete official Federal Register PDF
FR Doc. 94-397 Nationwide Life Insurance Company, et al.
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1051-1053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-397]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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SECURITIES AND EXCHANGE COMMISSION
[Rel. No. IC-19992; File No. 812-8692]
Nationwide Life Insurance Company, et al.
January 3, 1994.
AGENCY: Securities and Exchange Commission (``SEC'').
ACTION: Notice of Application for Exemption under the Investment
Company Act of 1940 (the ``1940 Act'').
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APPLICANTS: Nationwide Life Insurance Company (``Nationwide Life''),
Nationwide Variable Account-5 (the ``Separate Account''), and
Nationwide Financial Services, Inc., collectively, the ``Applicants.''
RELEVANT 1940 ACT SECTIONS: Order requested under section 6(c) of the
1940 Act for exemptions from sections 26(a)(2)(C) and 27(c)(2) thereof.
SUMMARY OF APPLICATION: Applicants seek an order permitting the
deduction of a mortality and expense risk charge from the assets of the
Separate Account which serves as a funding medium for certain variable
annuity contracts (the ``Contracts'') issued by Nationwide Life.
FILING DATE: The application was filed on November 22, 1993.
HEARING OR NOTIFICATION OF HEARING: An order granting the application
will be issued unless the SEC orders a hearing. Interested persons may
request a hearing on the application by writing to the Secretary of the
SEC and serving the Applicants with a copy of the request, either
personally or by mail. Hearing requests must be received by the SEC by
5:30 p.m. on January 28, 1994, and should be accompanied by proof of
service on the Applicants in the form of an affidavit or, for lawyers,
by certificate. Hearing requests should state the nature of the
interest, the reason for the request, and the issues contested. Persons
may request notification of the date of a hearing by writing to the
Secretary of the SEC.
ADDRESSES: Secretary, SEC, 450 5th Street NW., Washington, DC 20549.
Applicants, c/o Carol Edwards Dunn, Esq., McCutchan, Druen, Maynard,
Rath & Dietrich, One Nationwide Plaza, Columbus, Ohio 43216.
FOR FURTHER INFORMATION CONTACT: Patrice M. Pitts, Attorney, or Michael
V. Wible, Special Counsel, Division of Investment Management, Office of
Insurance Products, at (202) 272-2060.
SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application is available for a fee from the
SEC's Public Reference Branch.
Applicants' Representations
1. Nationwide Life is a stock life insurance company incorporated
under the laws of Ohio.
2. Nationwide Life established the Separate Account on November 1,
1989, under Ohio law. The Separate Account is registered under the 1940
Act as a unit investment trust, and serves as a funding medium for the
Contracts. Just prior to the filing of this application, the Separate
Account filed a Form N-4 registration statement with the SEC to
register the Contracts under the Securities Act of 1933.
3. The Separate Account consists of several subaccounts, each of
which invests in one or more portfolios of several underlying
registered investment companies.
4. Nationwide Financial Services, Inc., will serve as the general
distributor for the Contracts.
5. The Contracts are sold to individuals either as non-qualified
Contracts or for use in retirement plans which may qualify for special
federal tax treatment under the Internal Revenue Code of 1986, as
amended.
6. The initial first year purchase payment must be at least $1,500
for non-qualified Contracts. However, if periodic payments are expected
by Nationwide Life, the initial first year minimum purchase payment may
be satisfied by purchase payments made on an annualized basis. The
cumulative total of all purchase payments under a Contract may not
exceed $1,000,000 without the prior consent of Nationwide Life.
7. The Contract owner may select one of three annuity payment
options, each of which provides for a series of annuity payments
commencing on the annuity commencement date. If the designated
annuitant dies prior to the annuity commencement date, a death benefit
will be paid to the beneficiary either as a single sum payment or in
accordance with an annuity payment option, as elected by the
beneficiary. If the annuitant dies prior to age 75, the amount of the
death benefit will be the greater of the Contract value, or the sum of
all purchase payments less any amounts surrendered. The amount of the
death benefit will be limited to the Contract value if the annuity
commencement date is deferred beyond age 75 of the annuitant and the
annuitant dies after attaining such age. If the annuitant dies after
the annuity commencement date, the death benefit (if any) will be as
specified in the annuity payment option elected.
8. If the Contract value at the date on which annuity payments
commence is less than $500, the Contract value may be distributed in
one lump sum instead of annuity payments. If any annuity payment would
be less than $20, Nationwide Life shall have the right to change the
frequency of payments to such intervals as will result in payments of
at least $20.
9. No sales charge is deducted from purchase payments made under
the Contracts. If part or all of the Contract value is withdrawn, a
contingent deferred sales charge (``CDSC'') may be assessed by the
Company, and deducted from the amount withdrawn. For purposes of the
CDSC, withdrawals are considered to come first from the oldest purchase
payment made to the Contract, then the next oldest purchase payment,
and so forth. The CDSC is calculated by multiplying the applicable CDSC
percentage noted below by the purchase payments being withdrawn:
------------------------------------------------------------------------
Number of completed years from the Contingent deferred sales charge
date of purchase payment percentage
------------------------------------------------------------------------
0 7
1 6
2 5
3 4
4 3
5 2
6 1
7 0
------------------------------------------------------------------------
Each Contract year after the first, the Contract owner may withdraw
without CDSC an amount equal to 10% of the total sum of all purchase
payments made to the Contract, less any purchase payments previously
withdrawn which were subject to CDSC. This CDSC-free withdrawal
privilege is non-cumulative. Free amounts not taken during any given
Contract year cannot be taken as free amounts in a subsequent Contract
year.
10. An annual Contract Maintenance Charge of $30 is deducted from
the Contract value, as well as an Administration Charge equal on an
annual basis to 0.05% of the daily net asset value of the Variable
Account. The 0.05% Administration Charge is deducted during both the
``pay-in'' accumulation phase and the ``pay-out'' annuity phase.
Nationwide Life relies upon Rule 26a-1 to assess both the Contract
Maintenance Charge and the Administration Charge. In this regard,
Nationwide Life will monitor the proceeds of the Administration Charge
to ensure that they do not exceed expenses.
11. Nationwide Life seeks to assess a mortality and expense risk
charge at an annual rate of 1.25% of the value of the daily net asset
value of the Separate Account. Of this amount, 0.80% represents
mortality risks and 0.45% represents expense risks.
12. The mortality risk Nationwide Life assumes is twofold: (a) the
risk of guaranteeing to make monthly payments--at rates set at the time
the Contract is issued--for the lifetime of the annuitant, no matter
how long the annuitant may live, and no matter how long all annuitants
as a class may live; and (b) the guaranteed minimum death benefit risk
assumed by Nationwide Life in connection with its promise to return, at
a minimum, the Contract owner's purchase payments upon death of the
designated annuitant prior to the annuity commencement date, even if
the investment experience in the Separate Account has eroded the
Contract owner's principal investment.
13. The expense risk Nationwide Life assumes results from its
guarantee that the annual Contract charges (i.e., the Contract
Maintenance Charge, the Administration Charge and the mortality and
expense risk charge) will never be increased regardless of the actual
expense incurred by Nationwide Life.
14. If the mortality and expense risk charge is insufficient to
cover the actual cost of the mortality and expense risk, the loss will
be borne by Nationwide Life. Conversely, if the mortality and expense
risk charge proves more than sufficient, the excess will be a profit to
Nationwide Life and will become part of its general account surplus.
Applicants' Legal Analysis and Conclusions
1. The Applicants request an exemption from sections 26(a)(2)(C)
and 27(c)(2) of the 1940 Act to the extent relief is necessary to
permit the deduction of a mortality and expense risk charge from the
assets of the Separate Account which serves as a funding medium for the
Contracts.
2. Sections 26(a)(2)(C) and 27(c)(2), as herein pertinent, prohibit
a registered unit investment trust and any depositor thereof or
underwriter therefor from selling periodic payment plan certificates
unless the proceeds of all payments (other than sales load) are
deposited with a qualified bank as trustee or custodian and held under
arrangements which prohibit any payment to the depositor or principal
underwriter except a fee, not exceeding such reasonable amounts as the
Commission may prescribe, for performing bookkeeping and other
administrative services.
3. The Applicants represent that the mortality and expense risk
charge is within the range of industry practice for comparable annuity
products and is reasonable in relation to the risks assumed under the
Contracts. This representation is based upon Nationwide Life's analysis
of publicly available information of other insurance companies of
similar size and risk ratings offering similar products. Nationwide
Life will maintain, and make available to the Commission, a memorandum
setting forth in detail the products analyzed in the course of, and the
methodology and results of, its comparative survey.
4. Nationwide Life also maintains a supporting actuarial memorandum
demonstrating the reasonableness of the mortality and expense risk
charge, given the risks assumed under the Contracts. This memorandum
will be made available to the Commission upon request.
5. Should revenue from the CDSC prove insufficient to cover all
sales expenses, Nationwide Life bears this shortfall in the general
account. To this extent, some portion of the profit, if any, from the
mortality and expense risk charge could be used to make up unrecovered
sales expenses. Nationwide Life has concluded that there is a
reasonable likelihood that the proposed distribution financing
arrangement will benefit the Separate Account and the owners of the
Contracts. The basis for this conclusion is set forth in a memorandum
which will be made available to the Commission upon its request.
6. Nationwide Life represents that the Separate Account will invest
only in investment companies which, if they should adopt any
distribution financing plan under Rule 12b-1 under the 1940 Act, will
have a board of trustees or directors, the majority of which will be
``disinterested,'' as defined by the Act. Such boards of directors or
trustees must formulate and approve any such distribution plan.
Applicants' Conclusion
The Applicants assert that for the reasons set forth above, the
requested exemptions from sections 26(a)(2)(C) and 27(c)(2) of the 1940
Act to deduct a mortality and expense risk charge under the Contracts
meet the standards in section 6(c) of the 1940 Act. The Applicants
assert that the requested exemptions are necessary or appropriate in
the public interest or for the protection of investors, and for the
purposes fairly intended by the policy and provisions of the 1940 Act.
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-397 Filed 1-6-94; 8:45 am]
BILLING CODE 8010-01-M
Complete official Federal Register PDF
FR Doc. 94-396 Agency Form Under Review by the Office of Management and Budget
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1000-1001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-396]
[[Page Unknown]]
[Federal Register: January 7, 1994]
=======================================================================
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DEPARTMENT OF COMMERCE
Agency Form Under Review by the Office of Management and Budget
DOC has submitted to the Office of Management and Budget (OMB) for
clearance the following proposal for collection of information under
the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35).
Agency: Bureau of the Census.
Title: Plant and Equipment Expenditures Survey.
Form Number(s): PE-1, PE-2, PE-3, PE-4(P), PE-5, PE-6.
Agency Approval Number: 0607-0641.
Type of Request: Extension of the expiration date of a currently
approved collection without any change in the substance or in the
method of collection.
Burden: 27,175 hours.
Number of Respondents: 15,000.
Avg Hours Per Response: 42 minutes.
Needs and Uses: The Bureau of the Census conducts the Plant and
Equipment Expenditures Survey (P&E) on a quarterly and annual basis to
obtain data on planned and actual investment in new plant and equipment
from nonagricultural business firms. We collect data quarterly from
most respondents and annually from small companies and from chronic
non-respondents to the quarterly forms. These estimates are one of the
most important indicators used by business and public officials in
assessing near-term economic activity.
Affected Public: Businesses or other for-profit organizations, Non-
profit institutions, Small businesses or organizations.
Frequency: Quarterly and Annually.
Respondent's Obligation: Quarterly forms-voluntary, Annual and
counterpart forms-mandatory.
OMB Desk Officer: Maria Gonzalez, (202) 395-7313.
Copies of the above information collection proposal can be obtained
by calling or writing Edward Michals, DOC Forms Clearance Officer,
(202) 482-3271, Department of Commerce, room 5312, 14th and
Constitution Avenue, NW, Washington, DC 20230.
Written comments and recommendations for the proposed information
collection should be sent to Maria Gonzalez, OMB Desk Officer, room
3208, New Executive Office Building, Washington, DC 20503.
Dated: January 3, 1994.
Edward Michals,
Departmental Forms Clearance Officer, Office of Management and
Organization.
[FR Doc. 94-396 Filed 1-6-94; 8:45 am]
BILLING CODE 3510-07-F
Complete official Federal Register PDF
FR Doc. 94-395 Export Trade Certificate of Review
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-395]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of application.
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SUMMARY: The Office of Export Trading Company Affairs, International
Trade Administration, Department of Commerce, has received an
application for an Export Trade Certificate of Review. This notice
summarizes the conduct for which certification is sought and requests
comments relevant to whether the Certificate should be issued.
FOR FURTHER INFORMATION CONTACT: Friedrich R. Crupe, Acting Director,
Office of Export Trading Company Affairs, International Trade
Administration, (202) 482-5131. This is not a toll-free number.
SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act
of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to
issue Export Trade Certificates of Review. A Certificate of Review
protects the holder and the members identified in the Certificate from
state and federal government antitrust actions and from private, treble
damage antitrust actions for the export conduct specified in the
Certificate and carried out in compliance with its terms and
conditions. Section 302(b)(1) of the Act and 15 CFR 325.6(a) require
the Secretary to publish a notice in the Federal Register identifying
the applicant and summarizing its proposed export conduct.
Request for Public Comments
Interested parties may submit written comments relevant to the
determination whether a Certificate should be issued. An original and
five (5) copies should be submitted no later than 20 days after the
date of this notice to: Office of Export Trading Company Affairs,
International Trade Administration, Department of Commerce, room 1800H,
Washington, DC 20230. Information submitted by any person is exempt
from disclosure under the Freedom of Information Act (5 U.S.C. 552).
Comments should refer to this application as ``Export Trade Certificate
of Review, application number 93-00003.'' A summary of the application
follows.
Summary of the Application
Applicant: American Trade Partners, Inc., P.O. Box 165501, Miami,
Florida 33116-5501, Contact: Morris Kessler, President, Telephone:
(305) 266-1276.
Application No.: 93-00003.
Date Deemed Submitted: December 30, 1993.
Members (in addition to applicant): None.
American Trade Partners, Inc. seeks a Certificate to cover the
following specific Export Trade, Export Markets, and Export Trade
Activities and Methods of Operations.
Export Trade
1. Products
All products.
2. Services
All services.
3. Technology Rights
All technology rights.
4. Export Trade Facilitation Services
All export trade facilitation services.
Export Markets
The Export Markets include all parts of the world except the United
States (the fifty states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands).
Export Trade Activities and Methods of Operation
American Trade Partners, Inc. may:
a. Export specific Products and or Services in response to specific
orders and contact individual suppliers as to competitive prices,
quality, and availability;
b. Provide and arrange for Export Trade Facilitation Services;
c. Exchange information only in one-on-one discussions with
specific suppliers on specific orders or market conditions;
d. Enter into exclusive licensing and distributorship agreements
with suppliers for the export of Products, Services, and Technology
Rights to the Export Markets;
e. Allocate export sales or divide the Export Markets among
suppliers for the sale, licensing or distribution of Products,
Services, and Technology Rights;
f. Establish the price of Products, Services, and Technology Rights
for sale, licensing or distribution in the Export Markets;
g. Negotiate and manage licensing agreements for the export of
Technology Rights; and
h. Collect information on trade opportunities in the Export Markets
and distribute such information to clients.
Dated: January 4, 1994.
Friedrich R. Crupe,
Acting Director, Office of Export Trading Company Affairs.
[FR Doc. 94-395 Filed 1-6-94; 8:45 am]
BILLING CODE 3510-DR-P
Complete official Federal Register PDF
FR Doc. 94-394 Self-Regulatory Organizations; Order Approving Proposed Rule Change by the Pacific Stock Exchange, Inc., Relating to Permanent Approval of the Options Trading Crowd Performance Evaluation Pilot Program
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1043-1045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-394]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-33407; File No. SR-PSE-93-17]
Self-Regulatory Organizations; Order Approving Proposed Rule
Change by the Pacific Stock Exchange, Inc., Relating to Permanent
Approval of the Options Trading Crowd Performance Evaluation Pilot
Program
December 30, 1993.
On July 28, 1993, the Pacific Stock Exchange, Inc. (``PSE'' or
``Exchange'') submitted to the Securities and Exchange Commission
(``SEC'' or ``Commission''), pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'')\1\ and Rule 19b-4
thereunder,\2\ a proposed rule change seeking permanent approval of the
Options Trading Crowd Performance Evaluation pilot program provided in
Options Floor Procedure Advice (``OFPA'') B-13, ``Subject: Evaluation
of Options Trading Crowd Performance.''\3\
---------------------------------------------------------------------------
\1\15 U.S.C. 78s(b)(1) (1988).
\2\17 CFR 240.19b-4 (1993).
\3\On April 22, 1988, the Commission approved the PSE's Options
Trading Crowd Performance Evaluation program on a two-year pilot
basis. See Securities Exchange Act Release No. 25611 (April 22,
1988), 53 FR 15325 (order approving SR-PSE-87-28). Subsequently, the
Commission approved proposals which extended the pilot program
through October 1, 1993. See Securities Exchange Act Release Nos.
29930 (November 12, 1991), 56 FR 58598 (order approving File No. SR-
PSE-91-30) and 31613 (December 17, 1992), 57 FR 61464 (order
approving File No. SR-PSE-92-34). Most recently, the Commission
approved an extension of the pilot program through January 1, 1994.
See Securities Exchange Act Release No. 33094 (October 22, 1993), 58
FR 58365 (notice of filing and order granting partial accelerated
approval of File No. SR-PSE-93-17).
---------------------------------------------------------------------------
The proposed rule change was published in Securities Exchange Act
Release No. 33094 (October 22, 1993), 58 FR 58365. No comments were
received on the proposed rule change.
Currently, under the pilot program, the Options Allocation
Committee (``Committee'') conducts quarterly evaluations of options
trading crowds to determine whether they have fulfilled performance
standards relating to quality of markets, competition among market
makers, observance of ethical standards, and administrative
requirements.\4\ In making its evaluations, the Committee may consider
any relevant information, including (1) the results of a trading crowd
evaluation questionnaire which the Committee distributes each quarter
to floor brokers and floor brokerage firms;\5\ (2) trading data; (3)
reports filed with the Exchange (e.g., Order Book Official Unusual
Activity Reports); and (4) the regulatory history of the members in the
crowd.
---------------------------------------------------------------------------
\4\Prior to June 1992, the Options Listing Committee conducted
the quarterly evaluations. In June 1992, the Commission approved a
proposal allowing the Options Allocation Committee to assume the
evaluation function. See Securities Exchange Act Release No. 30843
(June 19, 1992), 57 FR 28889 (order approving File No. SR-PSE-92-
07).
\5\The PSE has stated that the questionnaire is distributed to
90% of the Exchange's floor brokers, and that 80% of those who
receive the questionnaire complete it. Telephone conversation
between Michael D. Pierson, Senior Attorney, Market Regulation, PSE,
to Yvonne Fraticelli, Staff Attorney, Options Branch, Division,
Commission, on October 7, 1993.
---------------------------------------------------------------------------
Trading crowds rated in the bottom 10% of the aggregate results of
overall evaluation scores are presumed under OFPA B-13(b) to have
failed to meet minimum performance standards. Under OFPA B-13 the
Committee may call an informal meeting or conduct a formal hearing with
a trading crowd that has failed to meet minimum performance standards.
Prior to the close of the informal meeting, the Committee must inform
the crowd of possible consequences if the unsatisfactory performance
continues.
At a formal hearing under OFPA B-13(e), rights of confrontation and
rights to counsel apply. Based on the information adduced at the formal
hearing, the Committee has the authority to take action against a
trading crowd or individual market makers in the crowd. Specifically,
under OFPA B-13(a), the Committee may restrict the allocation of new
options classes and reallocate existing options classes. The remedial
actions provided in paragraph (a) may not be taken without a formal
hearing and may be reviewed by the PSE's Board of Governors pursuant to
PSE Rule XX, section 11(d), ``Procedure Following Applications for
Hearing or Review,'' of the Rules of the Board of Governors, upon
submission of a timely application for review. The Exchange's Board of
Governors may also review any Committee decision under OFPA B-13 on its
own initiative.
The PSE has evaluated the Options Trading Crowd Evaluation Program
and concluded that the program has provided an accurate and useful
means of evaluating trading crowd and LMM performance. In this regard,
the Exchange notes that the questionnaires are completed by options
floor brokers, who are uniquely qualified to evaluate the trading
crowds and LMMs. Based upon the increases in the survey ratings over
the third and fourth quarters of 1992 and the first quarter of 1993,
the Exchange believes that the program has improved the performances of
the Exchange's market makers and LMMs.\6\ The PSE notes that the
general evaluation results are disseminated to the trading floor on a
quarterly basis and that the Committee reviews the detailed survey
responses and comments and considers them in allocating options to
trading crowds and LMMs.
---------------------------------------------------------------------------
\6\The Committee has not distributed the evaluation
questionnaires since the first quarter of 1993. However, the
Committee plans to distribute questionnaires covering the last two
quarters of 1993 early in 1994. Telephone conversations between
Michael Pierson, Senior Attorney, Market Regulation, PSE, and Yvonne
Fraticelli, Staff Attorney, Options Branch, Division, Commission, on
December 15 and 16, 1993.
---------------------------------------------------------------------------
During the last quarter of 1992 and the first three quarters of
1993, the Committee held seven informal meetings with trading crowds
and five informal meetings with LMMs.\7\The Exchange has held one
formal hearing since the inception of the pilot program, regarding the
performance of Post X-17. As a result of the hearing, the Exchange's
Options Listing Committee reallocated three options and removed six
options to another post. The members of Post X-17 appealed the decision
to the Exchange's Board of Governors and thereafter to the Commission.
On December 26, 1989, the Commission denied Post X-17's request for a
stay of the Options Listing Committee's reallocation of three
options.\8\ On December 29, 1992, the Commission ruled that the PSE's
reallocation of the options was not reviewable by the Commission under
section 19(d)(2) of the Act because the reallocation was not imposed as
a disciplinary sanction and because no limitation or prohibition to
access occurred within the meaning of section 19(d) of the Act.\9\
---------------------------------------------------------------------------
\7\Telephone conversations between Michael Pierson, Senior
Attorney, Market Regulation, PSE, and Yvonne Fraticelli, Staff
Attorney, Options Branch, Division, Commission, on December 15 and
16, 1993.
\8\See Securities Exchange Act Release No. 27568 (December 26,
1989) (Order Denying Stay, File No. 3-7285).
\9\See Securities Exchange Act Release No.31666 (December 29,
1992), File No. 3-7285.
---------------------------------------------------------------------------
The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange, and, in
particular, the requirements of section 6(b)(5)\10\ in that it is
designed to remove impediments to and protect the mechanism of a free
and open market and to protect investors and the public interest. The
Commission believes that the trading crowd evaluation program is
designed to help the Exchange to maintain the quality and integrity of
its markets by setting minimum standards of market maker performance
and providing a means to identify market makers and trading crowds
which fail to meet performance standards. By allowing the Exchange to
assess the quality of its trading crowds and market makers, and to take
appropriate remedial measures where necessary, the Commission believes
that the trading crowd evaluation program helps the Exchange to provide
a more competitive, efficient and fair market.
---------------------------------------------------------------------------
\10\15 U.S.C. 78f(b) (1982).
---------------------------------------------------------------------------
Specifically, the Commission believes that the evaluation program
furthers the PSE's ability to ensure liquid and continuous markets for
options by permitting the Exchange to enforce more effectively the
affirmative and negative obligations imposed on PSE market makers. In
particular, the trading crowd evaluation questionnaire enables the PSE
to determine whether market makers are making continuous, two-sided
markets in all option series for each option class located at a trading
station and whether deep and liquid markets are provided as a result of
competition among market makers. The Commission believes that the more
stringent, formalized market maker standards should further enhance the
integrity of the PSE's markets and contribute to investor confidence
and protection. In addition, the Commission believes that the
Committee's consideration of the trading crowd survey results in
allocating options to trading crowds and LMMs should provide an
incentive for improved market maker performance.
The Commission also notes that the evaluation program provides
procedural rights in connection with remedial actions taken under the
program. Specifically, the Committee may restrict the allocation of new
options and reallocate existing options under paragraph (a) of OFPA B-
13 only after a formal hearing. At a formal hearing, the OFPA provides
for a right to counsel and a record of the proceedings. In addition,
the Committee's decision is reviewable by the Exchange's Board of
Governors upon the submission of a timely application for review and
the Exchange's Board of Governors may review any Committee decision on
its own initiative. The Board review panel or the Chairman of the Board
may grant or deny a stay of the Committee's action. By requiring that
the Committee implement the remedial measures provided in paragraph (a)
only after a formal hearing, and by providing a right to appeal the
Committee's decision to the Exchange's Board of Governors, the
Commission believes that the evaluation program contains processes
designed to safeguard the procedural rights of individuals affected by
remedial actions.
Finally, the Commission notes that the PSE's trading crowd
evaluation program is similar to a program adopted previously by the
Chicago Board Options Exchange (``CBOE'').\11\
---------------------------------------------------------------------------
\11\See Securities Exchange Act Release No. 28012 (May 14,
1990), 55 FR 20879 (order approving File No. SR-CBOE-90-04) and CBOE
Rule 8.60, ``Evaluation of Trading Crowd Performance.''
---------------------------------------------------------------------------
It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\12\ that the proposed rule change is approved.
---------------------------------------------------------------------------
\12\15 U.S.C. 78s(b)(2) (1982).
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------
\13\17 CFR 200.30-3(a)(12) (1992).
---------------------------------------------------------------------------
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-394 Filed 1-6-94; 8:45 am]
BILLING CODE 8010-01-M
Complete official Federal Register PDF
FR Doc. 94-390 Environmental Impact Statements and Regulations; Availability of EPA Comments
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-390]
[[Page Unknown]]
[Federal Register: January 7, 1994]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[ER-FRL-4707-3]
Environmental Impact Statements and Regulations; Availability of
EPA Comments
Availability of EPA comments prepared December 20, 1993 through
December 24, 1993 pursuant to the Environmental Review Process (ERP),
under section 309 of the Clean Air Act and section 102(2)(c) of the
National Environmental Policy Act as amended. Requests for copies of
EPA comments can be directed to the Office of Federal Activities at
(202) 260-5076.
An explanation of the ratings assigned to draft environmental
impact statements (EISs) was published in FR dated April 10, 1993 (58
FR 18392).
Draft EISs
ERP No. D-AFS-L65212-ID Rating EO2, Prichard Creek Analysis Area,
Land and Resource Management Plan, Implementation, Idaho Panhandle
National Forests, Wallace Ranger District, Coeur d'Alene River, ID.
Summary: EPA had environmental objections with alternatives 1, 2 &
5 based on the potential for continued and increased adverse impacts on
water quality and fisheries. EPA expressed environmental concerns with
alternatives 2 and 6 due to potential impacts to water quality and
fisheries. Additional information is needed on baseline water quality,
cumulative impacts and monitoring.
ERP No. D-UAF-E11032-FL Rating EC2, Homestead Air Force Base (AFB)
Disposal and Reuse, Implementation, Dade County, FL.
Summary: EPA had environmental concerns with the impact due to the
uncertainty associated with this proposal and the need for additional
information. Depending on the particular alternative and/or mix of
options which eventuate, additional NEPA evaluation may be necessary.
ERP No. D-USA-L11019-WA Rating EO2, Fort Lewis and Yakima Training
Center, Stationing of Mechanized or Armored Combat Forces, COE Section
10 and 404 Permits, Pierce, Thurston, Yakima and Kittitas Counties, WA.
Summary: EPA had environmental objections based on the potential
for adverse effects on air quality, the potential for further
degradation of water bodies that are already water quality impaired,
the potential for destruction of wetlands, and potential adverse
effects on sage grouse. EPA requested additional analysis of air
quality, water quality and wetland impacts. In addition the final EIS
should discuss the effectiveness of the proposed mitigation measures
and describe in detail the monitoring plan.
Dated: January 3, 1994.
William D. Dickerson,
Deputy Director, Office of Federal Activities.
[FR Doc. 94-390 Filed 1-6-94; 8:45 am]
BILLING CODE: 6560-50-P
Complete official Federal Register PDF
FR Doc. 94-389 Environmental Impact Statements; Notice of Availability
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1016-1017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-389]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[ER-FRL-4707-2]
Environmental Impact Statements; Notice of Availability
Responsible Agency: Office of Federal Activities, General
Information (202) 260-5076 OR (202) 260-5075. Weekly receipt of
Environmental Impact Statements Filed December 27, 1993 Through
December 31, 1993 Pursuant to 40 CFR 1506.9.
EIS No. 930458, FINAL EIS, BLM, CA, Fort Cady Minerals Solution Mining
Project, Construction and Operation, Associated Right-of-Way Grants and
Mineral Material Sales Permits, San Bernardino County, CA, Due:
February 07, 1994, Contact: Ms Edy Seehafer (619) 256-3591.
EIS No. 930459, DRAFT EIS, AFS, MT, Helena National Forest and Elkhorn
Mountain portion of the Deerlodge National Forest, Land and Resources
Management Plan, Oil and Gas Leasing, Implementation, Several Counties,
MT, Due: March 01, 1994, Contact: Thomas J. Anderson (406) 449-5201.
EIS No. 930460, FINAL EIS, FHW, CA, CA-87/Guadalupe Parkway Upgrading,
between Julian Street and US 101 in the City of San Jose, Funding and
COE Section 404 Permit, Santa Clara County, CA , Due: February 22,
1994, Contact: John R. Schultz (916) 551-1314.
EIS No. 930461, DRAFT EIS, SFW, IN, Patoka River Wetlands Project, Land
Acquisition for Fish and Wildlife Protection and Management, Funding
and COE Section 404 Permit, Gibson and Pike Counties, IN, Due: March
08, 1994, Contact: Jeanne Holler (612) 725-3306.
EIS No. 930462, DRAFT EIS, AFS, CO, Sheep Flats, Grove Creek and Valley
View Timber Sales, Harvesting Timber and Road Constructions, Grand
Mesa, Uncompahgre and Gunnison National Forests, Collban District, Mesa
County, CO, Due: February 22, 1994, Contact: Stan Turley (303) 487-
3534.
EIS No. 930463, FINAL EIS, AFS, MT, Upper Camp-Duncie Timber Sale,
Harvesting Timber and Road Construction, Implementation, Deerlodge
National Forest, Phillipsburg Ranger District, Granite County, MT, Due:
February 07, 1994, Contact: Thomas W. Heintz (406) 859-3211.
EIS No. 930464, DRAFT EIS, AFS, OR, Newberry National Volcanic Monument
Comprehensive Management Plan, Implementation, Deschutes National
Forest, Deschutes County, OR, Due: February 28, 1994, Contact: Carolyn
Wisdom (503) 383-4702.
Dated: January 3, 1994.
William D. Dickerson,
Deputy Director, Office of Federal Activities.
[FR Doc. 94-389 Filed 1-6-94; 8:45 am]
BILLING CODE: 6560-50-P
Complete official Federal Register PDF
FR Doc. 94-388 Advisory Committee To Develop On-Site Innovative Technologies for Environmental Restoration and Waste Management; Open Meeting
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1011-1012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-388]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF ENERGY
Advisory Committee To Develop On-Site Innovative Technologies for
Environmental Restoration and Waste Management; Open Meeting
AGENCY: Department of Energy.
ACTION: Notice of open meeting.
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SUMMARY: Pursuant to the provisions of the Federal Advisory Committee
Act (Pub. L. 92-463, 86 Stat. 770) notice is hereby given of the
following Advisory Committee meeting: Federal Advisory Committee to
Develop On-Site Innovative Technologies for Environmental Restoration
and Waste Management (FAC-DOIT).
DATES: Monday, January 31, 1994: 4:30 p.m.-5:45 p.m.
ADDRESSES: J.W. Marriott at National Place, 1331 Pennsylvania Avenue,
NW., Washington, DC 20004.
FOR FURTHER INFORMATION CONTACT:
Dr. Clyde Frank, Deputy Assistant Secretary, Technology Development,
EM-50, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-
6382.
SUPPLEMENTARY INFORMATION:
Purpose of the Committee
The FAC-DOIT serves as the primary vehicle for implementing a
Memorandum of Understanding (MOU) regarding cooperative technology
development for environmental restoration and waste management in the
western states. This MOU was signed in 1991 by representatives of the
Department of Defense, Interior, Energy, the Environmental Protection
Agency and the Western Governors' Association (WGA), the latter
representing twenty western states and territorial governors. The DOIT
Committee's purpose is to improve Federal environmental restoration and
waste management efforts by identifying technology needs at Federal
facilities in western states; identifying and assessing emerging
technologies within the Federal and private sectors; identifying
regulatory, institutional or other governmental barriers to technology
development; and identifying workforce planning and education
requirements.
Tentative Agenda
Monday, January 31, 1994
4:30 p.m. Introductory remarks by Governor Miller of Nevada, Chairman
of the WGA; remarks by Dr. Clyde Frank, Designated Federal Official for
the Advisory Committee
4:40 p.m. Overview of working group fact finding reports by Jim Souby,
Executive Director, WGA; Discussion and announcements by Federal
agencies and states; Recommendations of the Advisory Committee; Charge
to the Advisory Committee by the sponsoring agency
5:30 p.m. Open time for public comment
5:45 p.m. Adjourn
A final agenda will be available at the meeting.
Public Participation
The meeting is open to the public. Written statements may be filed
with the Committee either before or after the meeting. Individuals who
wish to make oral statements pertaining to agenda items should contact
Dr. Clyde Frank's office at the address or telephone number listed
above. Requests must be received 5 days prior to the meeting and
reasonable provision will be made to include the presentation in the
agenda. The Designated Federal Official is empowered to conduct the
meeting in a fashion that will facilitate the orderly conduct of
business. Executive summaries of reports presented and recommendations
made will be available at the meeting.
Minutes
The minutes of this meeting will be available for public review and
copying at the Freedom of Information Public Reading Room, 1E-190,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585
between 9 a.m. and 4 p.m., Monday-Friday, except Federal holidays.
Issued at Washington, DC, on January 3, 1994.
Marcia L. Morris,
Deputy Advisory Committee Management Officer.
[FR Doc. 94-388 Filed 1-6-94; 8:45 am]
BILLING CODE 6450-01-M
Complete official Federal Register PDF
FR Doc. 94-387 High Energy Physics Advisory Panel; Open Meeting
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1012-1013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-387]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF ENERGY
Office of Energy Research
High Energy Physics Advisory Panel; Open Meeting
Purusant to the provisions of the Federal Advisory Committee Act
(Pub. L. 92-463, 86 Stat. 770), notice is hereby given of the following
meeting:
Name: High Energy Physics Advisory Panel (HEPAP).
Date and Time: Friday, January 28, 1994, 9 a.m.-5 p.m.;
Saturday, January 29, 1994, 9 a.m.-4 p.m.
Place: Brookhaven National Laboratory, Berkner Hall, room B,
Upton, New York 11973.
Contact: Dr. Enloe T. Ritter, Executive Secretary, High Energy
Physics Advisory Panel, U.S. Department of Energy, ER-221, GTN,
Washington, DC 20585, Telephone: (301) 903-4829.
Purpose of Panel: To provide advice and guidance on a continuing
basis with respect to the high energy physics research program.
Tentative Agenda
Friday, January 28, 1994, and Saturday, January 29, 1994
--Discussion of National Science Foundation (NSF) Elementary
Particle Physics Programs
--Discussion of Department of Energy (DOE) High Energy Physics
Programs
--Discussion of Department of Energy Superconducting Super Collider
(SSC) Project Closeout Activities
--Presentation and Discussion of the Brookhaven National Laboratory
High Energy Physics Program
--Report on Subpanel Activities
--Reports on and Discussions of Topics of General Interest in High
Energy Physics
--Public Comment (10 minute rule)
Public Participation: The meeting is open to the public. The
Chairperson of the Panel is empowered to conduct the meeting in a
fashion that will, in his judgment, facilitate the orderly conduct
of business. Any member of the public who wishes to make oral
statements pertaining to agenda items should contact the Executive
Secretary at the address or telephone number listed above. Requests
must be received at least 5 days prior to the meeting and reasonable
provision will be made to include the presentation on the agenda.
Minutes: Available for public review and copying at the Public
Reading Room, room 1E-190, Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Issued at Washington, DC on January 3, 1994.
Marcia L. Morris,
Deputy Advisory Committee Management Officer.
[FR Doc. 94-387 Filed 1-6-94; 8:45 am]
BILLING CODE 6450-01-M
Complete official Federal Register PDF
FR Doc. 94-386 Notice of Determination To Renew the Secretary of Energy Advisory Board
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-386]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF ENERGY
Notice of Determination To Renew the Secretary of Energy Advisory
Board
Pursuant to section 14(a)(2)(A) of the Federal Advisory Committee
Act and in accordance with title 41 of the Code of Federal Regulations,
Sec. 101-6.1015, and following consultation with the Committee
Management Secretariat of the General Services Administration, notice
is hereby given that the Secretary of Energy Advisory Board (the Board)
has been renewed for an additional two years.
The committee will continue to provide expert advice to the
Secretary of Energy on the Department's research, development, and
technology activities; energy and national security responsibilities;
economic issues relating to energy; and expert guidance in other
activities and operations of the Department at the Secretary's request.
The Board members are selected to assure well-balanced
representation from all sections of the country and on the basis of
their professional experience and broad competence in areas relating to
energy policy, science and technology, environmental science and
policy, economics and other broad societal interests. Membership and
representation of all interests will continue to be determined in
accordance with the requirements of the Federal Advisory Committee Act,
section 624(b) of the Department of Energy Organization Act (Pub. L.
95-91), and implementing regulations.
The renewal of the Board has been determined essential to the
conduct of the Department's business and in the public interest in
connection with the performance of duties imposed upon the Department
of Energy by law. The Board will operate in accordance with the
provisions of Federal Advisory Committee Act (Pub. L. 92-463), the
Department of Energy Organization Act (Pub. L. 95-91), the General
Services Administration Final Rule on Federal Advisory Committee
Management, and other directives and instructions issued in
implementation of those acts.
Further information regarding this advisory committee can be
obtained from Rachel M. Samuel at (202) 586-3279.
Issued in Washington, DC on: January 3, 1994.
Marcia L. Morris,
Deputy Advisory Committee Management Officer.
[FR Doc. 94-386 Filed 1-6-94; 8:45 am]
BILLING CODE 6450-01-M
Complete official Federal Register PDF
FR Doc. 94-385 Federal Fleet Conversion Task Force; Meeting
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-385]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF ENERGY
Federal Fleet Conversion Task Force; Meeting
AGENCY: Department of Energy.
ACTION: Notice of open meeting.
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SUMMARY: Pursuant to the provisions of Executive Order 12844, notice is
hereby given of a meeting of the Federal Fleet Conversion Task Force.
DATES: January 24, 1994: 1 p.m.-4 p.m.
ADDRESSES: Sheraton Gateway, 1900 Sullivan Road, College Park, GA
30337.
FOR FURTHER INFORMATION CONTACT:
Tom P. Foltz, Assistant to the Assistant Secretary for Policy, Planning
and Program Evaluation, PO-1, 1000 Independence Avenue, SW.,
Washington, DC 20585, (202) 586-4264.
SUPPLEMENTARY INFORMATION: The Federal Fleet Conversion Task Force,
established by Executive Order 12844, has been charged with developing
and recommending a coordinated public and private sector plan for
accelerating the commercialization, production and market acceptance of
alternatively fueled vehicles nationwide. Along with this plan, the
task force has also recommended an implementation strategy to carry out
this plan. The Task Force's First Interim Report was presented to the
Secretary of Energy on October 8, 1993 and to the President on December
9, 1993.
The Secretary of Energy, has overall responsibility for carrying
out the mandates set forth in the Energy Policy Act concerning the use
of alternatively fueled vehicles in the Federal fleet of automobiles to
alternative fuels.
Tentative Agenda
Monday, January 24, 1994
1 p.m. Welcome and opening remarks
Garry Mauro--Chairman, Texas Land Commissioner
Susan Tierney--Vice Chair, Assistant Secretary for Policy, Planning
& Program Evaluation, United States Department of Energy
1:15 p.m. Olympics Presentation
1:30 p.m. Discussion of Implementation Strategy and Final
Recommendations of Federal Fleet Conversion Task Force
2:30 p.m. Break
2:45 p.m. Re-convene for further discussion of Implementation Strategy
and Final Recommendations of Federal Fleet Conversion Task Force
3:45 p.m. Period of Public Comment
4 p.m. Adjourn
A final agenda will be available at the meeting.
Public Participation
The meeting is open to the public. Written statements may be filed
with the Task Force Staff either before or after the meeting. Members
of the public who wish to make oral statements pertaining to agenda
items should contact Tom Foltz at the address and telephone number
listed above. Request must be made 5 days prior to the meeting and
reasonable provision will be made to include the presentation on the
agenda. Depending on the number of requests, comments may be limited to
five minutes. The Designated Federal Officer is empowered to conduct
the meeting in a fashion that will facilitate the orderly conduct of
business.
Transcript and Minutes
A transcript and minutes of this meeting will be available for
public review and copying at the Freedom of Information Public Reading
Room, 1E-190, Forrestal Building, 1000 Independence Ave., SW.,
Washington, DC 20585 between 9 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. Copies of the minutes will also be available
by request.
Issued at Washington, DC, on January 3, 1994.
Marcia L. Morris,
Deputy Advisory Committee Management Officer.
[FR Doc. 94-385 Filed 1-6-94; 8:45 am]
BILLING CODE 6450-01-M
Complete official Federal Register PDF
FR Doc. 94-384 Energy Research Financial Assistance Program Notice 94-08; Microbial Genome Initiative
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1010-1011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-384]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF ENERGY
Office of Energy Research
Energy Research Financial Assistance Program Notice 94-08;
Microbial Genome Initiative
AGENCY: U.S. Department of Energy (DOE).
ACTION: Notice inviting grant applications.
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SUMMARY: The Office of Health and Environmental Research (OHER) of the
Office of Energy Research, U.S. Department of Energy (DOE), hereby
announces its interest in receiving applications for a cooperative
agreement in support of the Microbial Genome Initiative. This new
initiative will focus on developing a microbial genome sequencing
capability that will provide genomic sequence and mapping information:
(i) On microorganisms with environmental or energy relevance; (ii) of
phylogenetic relevance; and (iii) of potential commercial importance
and application. One to five awards are anticipated, from a total of
approximately $3 million, subject to the availability of appropriated
funds.
DATES: Formal applications in response to this notice should be
received by 4:30 p.m., E.D.T., April 21, 1994, to be accepted for merit
review and funding in FY 1994.
ADDRESSES: Formal applications referencing Program Notice 94-08 should
be forwarded to: U.S. Department of Energy, Office of Energy Research,
Acquisition and Assistance Management Division, ER-64, Washington, DC
20585, ATTN: Program Notice 94-08. The following address must be used
when submitting applications by U.S. Postal Service Express Mail or any
commercial mail delivery service, or when hand-carried by the
applicant: U.S. Department of Energy, Acquisition and Assistance
Management Division, ER-64, 19901 Germantown Road, Germantown, MD
20874.
FOR FURTHER INFORMATION CONTACT: Dr. D. Jay Grimes, Environmental
Sciences Division, ER-74, Office of Health and Environmental Research,
Office of Energy Research, U.S. Department of Energy, Washington, DC
20585, telephone 301-903-4183.
SUPPLEMENTARY INFORMATION: Molecular biological research on
industrially important microorganisms and on microorganisms which live
in extreme environments (including the deep subsurface, geothermal
environments, and toxic waste sites) is a developing area of great
scientific promise which will impact many DOE missions and U.S.
industry. This new Microbial Genome Initiative will support diverse DOE
program objectives, by providing microbial DNA sequence information
that will further the understanding of microbial phylogeny, physiology
and structural biology, and that will facilitate the exploitation of
opportunities which have considerable direct industrial utility. This
new thrust in exploring microbial genomic sequence diversity is a
natural outgrowth of current OHER sponsored programs, including
chromosome mapping and DNA sequencing technologies from the Human
Genome Program, structural biology studies utilizing OHER-supported
facilities and synchrotrons located at DOE laboratories, and molecular
microbiological research supported by the Subsurface Science and Ocean
Margins Programs. Conversely, this Microbial Genome Initiative could
benefit directly from capabilities at DOE national laboratories, DOE
and National Institutes of Health Human Genome Centers, and university
capabilities, including the DOE-sponsored Subsurface Microbial Culture
Collection. It could also be enriched by protein engineering efforts
coupled with rapid structure determination using intense x-ray sources
and powerful Nuclear Magnetic Resonance (NMR) technology. Thus, this
initiative represents a considerable interdisciplinary effort and will
contribute to, and draw from, a wide variety of public and private
programs.
Applicants must demonstrate that they can apply the most recent,
cost-effective technology to the production of sequence data and that
they can adequately and efficiently accumulate and store those data for
future interpretation and application. A plan for making the sequence
data publicly available must be included in the application's
description of work portion. Preference will be given to those
applicants that demonstrate well developed plans for selecting
candidate microorganisms for DNA sequencing. Candidate groups of
microorganisms include, but are not limited to, eukaryotes,
prokaryotes, and archaebacteria. The plan should include the creation
of an advisory board (the Microbial Genome Advisory Board, MGAB) that
will: (i) Oversee the program, and; (ii) approve proposed candidates
for sequence development. Priorities regarding what to sequence would
be made by the MGAB with direction from DOE. One model for a Microbial
Genome Project would be a centralized sequencing facility that
interacts with a changing consortium of other institutions. Applicants
are encouraged to create process- and cost-effective partnerships that
will maximize sequence data production, data dissemination, and
progress towards understanding basic biological mechanisms that can
further development of biotechnology. Joint support with industry is
encouraged. The recipient of an award will be peer reviewed toward the
end of the second year of the award and subsequently as needed to
ensure high quality work.
Potential applicants are strongly encouraged to submit a brief
preapplication, in accordance with 10 CFR 600.10(d)(2), which consists
of two to three pages of narrative describing the research objectives
and method of accomplishment. Preapplications will be reviewed relative
to the scope and research needs of the OHER Microbial Genome
Initiative, as outlined in the above SUMMARY paragraph to determine the
suitability of an applicant's submitting a formal application.
Preapplications referencing Program Notice 94-08 should be received by
February 18, 1994, and sent to the following address: Dr. D. Jay
Grimes, Office of Health and Environmental Research, ER-74, Office of
Energy Research, U.S. Department of Energy, Washington, DC 20585, 301-
903-4183, FAX 301-903-8519; electronic mail is acceptable for
preapplications, although e-mail preapplicants should confirm an e-mail
transmission by telephone (Internet address is
[email protected]). Principal investigator telephone and
FAX numbers are required as part of the preapplication. A response to
each preapplication discussing the potential programmatic relevance of
a formal application will be communicated to the Principal Investigator
within 30 days of receipt.
It is anticipated that approximately $3 million will be available
for this award contingent on availability of appropriated funds.
Multiple year funding is expected for the Microbial Genome Initiative,
also contingent on availability of funds.
Information about development and submission of applications,
eligibility, limitations, evaluation, selection processes, and other
policies and procedures may be found in the Application Guide for the
Office of Energy Research Financial Assistance Programs and 10 CFR part
605. The Office of Energy Research (ER), as part of its grant
regulations, requires at 10 CFR 605.11(b) that a grantee funded by ER
and performing research involving recombinant DNA molecules shall
comply with the National Institutes of Health ``Guidelines for Research
Involving Recombinant DNA Molecules'' (51 FR 16958, May 7, 1986), or
such later guidelines as may be published in the Federal Register.
The technical portion of the application should not exceed thirty
(30) pages, exclusive of attachments.
The Application Guide is available from the U.S. Department of
Energy, Office of Health and Environmental Research, ER-74, Washington,
DC 20585. Telephone requests may be made by calling 301-903-4902.
The Catalog of Federal Domestic assistance Number for this
program is 81.049.
Issued in Washington, DC, on December 22, 1993.
D. D. Mayhew,
Director, Office of Management, Office of Energy Research.
[FR Doc. 94-384 Filed 1-6-94; 8:45 am]
BILLING CODE 6450-01-P
Complete official Federal Register PDF
FR Doc. 94-383 Financial Assistance: Aluminum Company of America (ALCOA); Cooperative Agreement
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)] [Notices] [Pages 1009-1010] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-383] [[Page Unknown]] [Federal Register: January 7, 1994] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Financial Assistance: Aluminum Company of America (ALCOA); Cooperative Agreement AGENCY: U.S. Department of Energy (DOE). ACTION: Notice of intent. ----------------------------------------------------------------------- SUMMARY: The U.S. Department of Energy, Idaho Operations Office, announces that pursuant to the DOE Financial Assistance Rules 10 CFR 600.14(e), it intends to award a new start Cooperative Agreement Number DE-FC07-94ID13237 to the Aluminum Company of America (ALCOA). The objective of this project is the development of an advanced fluidized bed pressure calciner. The project consists of two phases and is aimed at development of an advanced, energy efficient-pressure mineral calciner for the processing of bauxite to smelting grade alumina (SGA). The objective of this agreement is to provide funds for the work performed under Phase I; the design, fabrication, and test of a three- tube pilot plant (100 kg/hr). The Federal Domestic Catalog Number is 81.078. FOR FURTHER INFORMATION CONTACT: Linda A. Hallum, U.S. Department of Energy, Idaho Operations Office, 785 DOE Place, MS 1221, Idaho Falls, Idaho 83401-1562, (208) 526-5545. SUPPLEMENTARY INFORMATION: The statutory authority for the proposed award is the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 (Pub. L. 100-680). The proposal meets the criteria for ``unsolicited applications'' for financial assistance as set forth in 10 CFR 600.14(e). The application is meritorious based on the general evaluation and the proposed project represents a unique approach to addressing a process in an energy intensive industry which would not be eligible for financial assistance under a recent, current, or planned solicitation. The anticipated total project period to be awarded is (6) years. The funds for this cooperative agreement are to be shared by DOE for 70% and ALCOA for 30% for a total estimated project cost of 13,798,100. David W. Newnam, Acting Director, Procurement Services Division. [FR Doc. 94-383 Filed 1-6-94; 8:45 am] BILLING CODE 6450-01-M
Complete official Federal Register PDF
FR Doc. 94-382 Snettisham Surplus Power Marketing Plan
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1013-1014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-382]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF ENERGY
Alaska Power Administration
Snettisham Surplus Power Marketing Plan
AGENCY: Alaska Power Administration, Department of Energy.
ACTION: Draft Surplus Power Marketing Plan.
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SUMMARY: Alaska Power Administration (APA) is publishing its Draft
Surplus Power Marketing Plan--Snettisham Project to start the process
to establish allocations of surplus energy and surplus power sales
contracts for the Snettisham Project. APA is publishing the draft plan
to provide an opportunity for public review and comment. The Surplus
Power Marketing Plan is fully compatible with the Department of Energy
legislative proposal on APA divestiture which was submitted to Congress
in November 1993.
DATES: Written comments must be submitted on or before February 7,
1994.
A public information and comment forum will be held January 18,
1994, at 7 p.m., at the office of Alaska Power Administration, 2770
Sherwood Lane, suite #2B, Juneau, Alaska.
ADDRESSES: Written comments should be submitted to Mr. Michael A.
Deihl, Alaska Power Administration, 2770 Sherwood Lane, suite #2B,
Juneau, AK 99801.
FOR FURTHER INFORMATION CONTACT: Mr. Scott Willis, Alaska Power
Administration, P.O. Box 020889, Juneau, AK 99802-0889, (907) 586-6963.
SUPPLEMENTARY INFORMATION:
Draft Surplus Marketing Plan--Snettisham Project
A. Background
Alaska Power Administration (APA) has established new long-term
power sales agreements for the Snettisham Project. As part of the
process of establishing new contracts, APA published a Marketing Plan
for the Snettisham Project (57 FR 53320). According to the provisions
in the Marketing Plan, if there was additional energy left over after
the initial allocations, it would be offered for allocation in another
round. The initial allocations are complete, a contract for firm energy
deliveries has been negotiated and there is surplus energy available
from the Snettisham Project. An Environmental Assessment was prepared
for these power marketing activities and a Finding of No Significant
Impact was issued by the Department of Energy.
B. Conditions for Allocation
Allocations of surplus energy will be made in accordance with the
provisions of the Marketing Plan. These provisions include:
1. No energy will be allocated for export outside the Juneau market
area (that is, the Alaska Electric Light & Power (AEL&P) service
territory) without firm plans and commitment to finance and build the
necessary transmission facilities.
2. In allocating surplus energy, APA will give preference to public
bodies and cooperatives who conduct utility-type operations.
3. Surplus energy not allocated to preference customers may be
available to serve major industrial loads. For this marketing plan, a
major industrial load is one which is not currently a firm customer of
AEL&P, does not conduct utility-type operations, and which has the
capability to meet its own energy requirement in the absence of
Snettisham energy. Major industrial loads are encouraged to work
directly with AEL&P so that AEL&P can request an allocation to serve
their needs. In this case, allocations will be made to AEL&P. APA will
consider requests for direct service of major industrial loads only if
it is demonstrated that service through the utility is infeasible.
C. Contract Provisions
Entities receiving an allocation of Snettisham resources will be
offered an electric service contract which will include the following
provisions:
1. Contracts will be for a period of 20 years or less beginning at
contract execution. Contracts for less than 20 years may include an
option to extend the period up to a total length of 20 years. Contracts
will be compatible with the proposed APA divestiture. Contracts will
contain language guaranteeing the continuation of the allocation after
divestiture.
2. Surplus energy will be marketed at the Snettisham firm rate. The
rate is presently 3.21 cents/kwh and is subject to periodic review and
adjustment.
3. The contractor will be required to sign a contract within 270
days of APA's letter granting an allocation.
4. In order to reserve the allocation, the contractor will be
required to deposit 10% of the expected cost of the following year's
energy with APA. If the allocated energy is taken during the year the
deposit will be credited toward the cost of the energy. If the
allocation is not completely taken the deposit is non-refundable. In
any year, energy reserved in this way but not taken by the contractor
may be marketed by APA. In any case, an applicant must be ready,
willing, and able to take initial delivery of power by January 1, 1997
or the allocation will be withdrawn and the energy reallocated.
5. If the contractor has not committed to a 20-year contract, the
contractor will be required to pay a one-time, non-refundable payment
within 30 days after contract execution. This payment will be based on
3% of the average estimated annual energy delivery during the years
between the end of the contract period and the 20 year period times
each year less than 20 years.
D. Amount Available for Allocation
Firm energy output (energy available 9 years out of 10) from the
Snettisham Project is estimated at 275 gwh/year. Secondary energy is
estimated to vary from 0 to 100 gwh/year and average around 50 gwh/
year. This invitation is for requests for allocation for energy that is
surplus to the needs of the Juneau community. An estimate of that need
is shown in the table below. Applicants must be aware that these are
only estimates and that the amount of energy required by the community
may vary from these projections. In the event that there are competing
requests from qualified applicants, the surplus energy will be divided
equally among the applicants up to their maximum request.
------------------------------------------------------------------------
Estimated
community
Water year energy Estimated
surplus available
requirement
------------------------------------------------------------------------
1994............................................ 232 93
1995............................................ 242 83
1996............................................ 250 75
1997............................................ 255 70
1998............................................ 258 67
1999............................................ 259 66
2000............................................ 260 65
2001............................................ 263 62
2002............................................ 264 61
2003............................................ 266 59
2004............................................ 267 58
2005............................................ 270 55
2006............................................ 271 54
2007............................................ 274 51
2008............................................ 275 50
2009............................................ 277 48
2010............................................ 278 47
2011............................................ 281 44
2012............................................ 282 43
2013............................................ 285 40
------------------------------------------------------------------------
Issued at Juneau, Alaska; December 13, 1993.
Michael A. Deihl,
Administrator.
[FR Doc. 94-382 Filed 1-6-94; 8:45 am]
BILLING CODE 6450-01-P
Complete official Federal Register PDF
FR Doc. 94-381 Chicago Operations Office; Financial Assistance Award; Purdue Research Foundation
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-381]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF ENERGY
Chicago Operations Office; Financial Assistance Award; Purdue
Research Foundation
AGENCY: U.S. Department of Energy.
ACTION: Intent to award based on an unsolicited application.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy announces that pursuant to the
provisions of 10 CFR 600.14, it intends to renew Grant No. DE-FG02-
85CE40772 based on an unsolicited application received from Purdue
Research Foundation for research and development in the Production of
Higher Value Chemicals from Food Process Wastes Using a Novel
Fermentor-Separator. The determination to renew this grant is based on
the following information: A technical evaluation of the proposed
project was performed pursuant to 10 CFR 600.14 (d) and (e). It is
determined that the proposed project is meritorious based on the fact
that it will provide value to all food processing companies with
similar product waste streams. The probability of achieving the
anticipated objectives are extremely high. The facilities and
qualifications of the key personnel are appropriate. DOE knows of no
other entity which is conducting or planning to conduct such an effort.
This effort is not considered suitable for competitive financial
assistance. The DOE share of funding is estimated at $589,000 for the
three year project period and shall be used to pay for salaries and
wages, fringe benefits, equipment, travel, direct and indirect costs.
The anticipated term of the renewal period is March 1, 1994 through
February 28, 1997.
FOR FURTHER INFORMATION CONTACT:
Frederick T. Sienko, U.S. Department of Energy, Chicago Operations
Office, Contracts Division, 9800 South Cass Avenue, Argonne, IL 60439,
(708) 252-2115. Ms. Kerry Cullerton, U.S. Department of Energy, Chicago
Operations Office, Contracts Division, 9800 South Cass Avenue, Argonne,
IL 60439, (708) 252-2107.
Issued in Chicago, Illinois on December 20, 1993.
Timothy S. Crawford,
Assistant Manager for Human Resources and Administration.
[FR Doc. 94-381 Filed 1-6-94; 8:45 am]
BILLING CODE 6450-01-M
Complete official Federal Register PDF
FR Doc. 94-379 Receipt of Application for Emergency Exemption to Use Imidacloprid Solicitation of Public Comment
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1018-1019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-379]
[[Page Unknown]]
[Federal Register: January 7, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-180913; FRL 4750-7]
Receipt of Application for Emergency Exemption to Use
Imidacloprid Solicitation of Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA has received a specific exemption request from the Texas
Department of Agriculture (hereafter referred to as the ``Applicant'')
to use the pesticide imidacloprid (CAS 105827-78-9) to treat up to
38,000 acres of cucurbits (cucumbers, melons, and squash) to control
the sweet potato whitefly Bemesia tabaci. The Applicant proposes the
use of a new chemical; therefore, in accordance with 40 CFR 166.24, EPA
is soliciting public comment before making the decision whether or not
to grant the exemption.
DATES: Comments must be received on or before January 24, 1994.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-180913,'' should be submitted by mail to: Public Docket
and Freedom of Information Section, Field Operations Division (7506C),
Office of Pesticide Programs, Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460. In person, bring comments to: Rm. 1132,
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
Information submitted in any comment concerning this notice may be
claimed confidential by marking any part or all of that information as
``Confidential Business Information.'' Information so marked will not
be disclosed except in accordance with procedures set forth in 40 CFR
part 2. A copy of the comment that does not contain Confidential
Business Information must be provided by the submitter for inclusion in
the public record. Information not marked confidential may be disclosed
publicly by EPA without prior notice. All written comments filed
pursuant to this notice will be available for public inspection in Rm.
1132, Crystal Mall No. 2, 1921 Jefferson Davis Highway, Arlington, VA,
from 8 a.m. to 4 p.m., Monday through Friday, except legal holidays.
FOR FURTHER INFORMATION CONTACT: By mail: Andrea Beard, Registration
Division (7505W), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location and telephone number: Floor 6, Crystal Station #1, 2800
Jefferson Davis Highway, Arlington, VA, (703) 308-8791.
SUPPLEMENTARY INFORMATION: Pursuant to section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p),
the Administrator may, at her discretion, exempt a state agency from
any registration provision of FIFRA if she determines that emergency
conditions exist which require such exemption. The Applicant has
requested the Administrator to issue a specific exemption for the use
of imidacloprid on cucurbits to control the sweet potato whitefly
(SPWF). Information in accordance with 40 CFR part 166 was submitted as
part of this request.
The SPWF is common on many wild and cultivated crops such as
tomatoes, cotton, cucurbits and solanaceae. The SPWF was first
confirmed in Texas in 1987. The Applicant states that in 1990, cotton
growers in the Lower Rio Grande Valley began to experience significant
crop losses due to infestation by the SPWF. The sweet potato whitefly
(SPWF) is a relatively new pest on cucurbits. The SPWF has caused
severe economic damage to several other commodities nationwide
including cotton, lettuce, squash, beans, peanuts, and ornamentals. The
Applicant states that in 1991, SPWF severely infested many more fields
of cotton and caused severe devastation to fall vegetable crops upon
harvesting of the cotton. According to the Applicant, SPWF populations
for this season are expected to be widespread, and heavy enough to
cause serious economic loss to the cucurbit crop. SPWF causes damage
through feeding activities, and also indirectly through the production
of a honeydew, which encourages growth of sooty mold and other fungi.
The Applicant claims that adequate control of the SPWF is not being
achieved with the currently registered compounds. The Applicant
estimates that losses in Texas cucurbit production could reach $18.6
million in net revenue if the SPWF is not adequately controlled, and is
requesting the use of imidacloprid to control the SPWF.
Along with this request, the Applicant has also requested a
specific exemption for use of a different chemical (bifenthrin) on
cucurbits, also for control of the SPWF. The Applicant justifies
requests for two chemicals, by stating that the imidacloprid would be
applied at or near planting/transplanting, as a soil-incorporated
treatment; since imidacloprid is a systemic, it would be taken up by
the small seedlings, and protect them from SPWF feeding during this
early stage of development. The Applicant states that bifenthrin, being
nonsystemic, is only of use as a foliar spray, which is of little value
during the early phase of development, when there is limited leaf area.
Thus the Applicant proposes that use of bifenthrin be allowed later in
the crop season, as a foliar treatment, to maintain season-long
control. The Applicant indicates that imidacloprid would not be of use
as both a soil treatment and a foliar spray, because its mode of action
is such that resistance development is a concern. The Registrant of
imidacloprid will not support the use of this chemical further into the
growing season for this reason.
The Applicant proposes to apply imidacloprid at a maximum rate of
0.25 lb. (dry) active ingredient (16 fluid oz. of product) per acre
with a maximum of one application per crop season on a total of 38,000
acres of cucurbits. It is possible to produce two cucurbit crops per
calendar year on a given acre, and therefore, the acreage could
potentially receive two applications of imidacloprid per calendar year.
Therefore, use under this exemption could potentially amount to a
maximum total of 19,000 lbs. of active ingredient, or 9,500 gal. of
product. This is the first time that the Applicant has applied for the
use of imidacloprid on cucurbits. However, the Applicant requested, and
was granted, specific exemptions for the use of bifenthrin for SPWF
control in cucurbits for the past two years (this is the third
consecutive year for the request for bifenthrin).
This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 require
publication of a notice of receipt of an application for a specific
exemption proposing use of a new chemical (i.e., an active ingredient
not contained in any currently registered pesticide). Such notice
provides for opportunity for public comment on the application.
Accordingly, interested persons may submit written views on this
subject to the Field Operations Division at the address above.
The Agency, accordingly, will review and consider all comments
received during the comment period in determining whether to issue the
emergency exemption requested by the Texas Department of Agriculture.
List of Subjects
Environmental protection, Pesticide and pests, Crisis exemptions.
Dated: December 20, 1993.
Stephen L. Johnson,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 94-379 Filed 1-6-94; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 94-375 National Partnership Council; Meeting; Confirmation
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1039-1040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-375]
[[Page Unknown]]
[Federal Register: January 7, 1994]
=======================================================================
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OFFICE OF PERSONNEL MANAGEMENT
National Partnership Council; Meeting; Confirmation
AGENCY: Office of Personnel Management.
ACTION: Notice of meeting; confirmation.
-----------------------------------------------------------------------
SUMMARY: Notwithstanding the announcement to the contrary at the
December 17, 1993 meeting of the National Partnership Council (the
Council), this notice confirms that the time and place of the January
14, 1994, meeting of the Council as published December 6, 1993 (58 FR
64347) have not changed.
TIME AND PLACE: The Council will meet on January 14, 1994 at 2 p.m. in
the auditorium at the Office of Personnel Management, Theodore
Roosevelt Building, 1900 E Street NW., Washington, DC 20415-0001. The
auditorium is located on the ground level.
POINT OF CONTACT: Douglas K. Walker, Office of Communications, Office
of Personnel Management, Theodore Roosevelt Building, 1900 E Street
NW., room 5F12, Washington, DC 20415-0001, (202) 606-1800.
Office of Personnel Management.
James B. King,
Director.
[FR Doc. 94-375 Filed 1-6-94; 8:45 am]
BILLING CODE 6325-01-M
Complete official Federal Register PDF
FR Doc. 94-373 Public Information Collection Requirement Submitted to OMB for Review
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-373]
[[Page Unknown]]
[Federal Register: January 7, 1994]
=======================================================================
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DEPARTMENT OF DEFENSE
Public Information Collection Requirement Submitted to OMB for
Review
ACTION: Notice.
-----------------------------------------------------------------------
The Department of Defense has submitted to OMB for clearance the
following proposal for collection of information under the provisions
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
Title, Applicable Form, and Applicable OMB Control Number:
Statement of witness/suspect/complainant; AF Form 1168.
Type of Request: Existing collection in use without an OMB control
number.
Average Burden Hours/Minutes per Response: 20 Minutes.
Responses per Respondent: 1.
Number of Respondents: 168,000.
Annual Burden Hours: 55,400.
Annual Responses: 168,000.
Needs and Uses: This form is used to collect vital information from
witnesses, suspects, and complainants in reference to criminal
activity, disturbances, and other law enforcement matters on military
installations. The affected public includes retirees, dependents, other
Federal agency personnel, civilian contractors, businesses, and other
Government representatives.
Affected Public: Individuals or households, State and local
governments, Federal agencies or employees, small businesses or
organizations.
Frequency: On occasion.
Respondent's Obligation: Voluntary.
OMB Desk Officer: Mr. Edward C. Springer.
Written comments and recommendations on the proposed information
collection should be sent to Mr. Springer at the Office of Management
and Budget, Desk Officer for DoD, room 3235, New Executive Office
Building, Washington, DC 20503.
DOD Clearance Officer: Mr. William P. Pearce. Written requests for
copies of the information collection proposal should be sent to Mr.
Pearce, WHS/DIOR, 1215 Jefferson Davis Highway, Suite 1204, Arlington,
Virginia 22202-4302.
Dated: January 3, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-373 Filed 1-6-94; 8:45 am]
BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 94-372 Establishment of the Department of Defense (DoD) Historical Advisory Committee
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1003-1004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-372]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Establishment of the Department of Defense (DoD) Historical
Advisory Committee
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The DoD Historical Advisory Committee is being established in
consonance with the public interest, and in accordance with the
provisions of Public Law 92-463, the ``Federal Advisory Committee
Act.'' This Committee will replace three historical advisory committees
of the military departments which were terminated September 30, 1993 in
response to Executive Order 12838, Office of Management and Budget
Bulletin 93-10, ``Termination and Limitation of Federal Advisory
Committees.''
The DoD Historical Advisory Committee will provide advice to the
Secretary of Defense, the secretaries of the military departments, and
the heads of other DoD components who participate, regarding the
professional standards, historical methodology, program priorities,
liaison with professional groups and institutions, and adequacy of
resources connected with the various historical programs and associated
activities of the DoD. These include historical, archival, museum,
library, art, curatorial, and related programs.
The Committee will be composed of a diverse group of experts in
historical disciplines, numbering 35 to 40 members who represent
academic and professional institutions, and other historical fields of
endeavor. Efforts will be made to ensure a balanced membership,
considering the functions to be performed and the interest groups
represented.
For further information regarding the DoD Historical Advisory
Committee, contact: Dr. Alfred Goldberg, the OSD Historian, (703)
697-4216.
Dated: January 3, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-372 Filed 1-6-94; 8:45 am]
BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 94-371 Department of Defense Wage Committee; Notice of Closed Meetings
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1004-1005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-371]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF DEFENSE
Office of the Secretary of Defense
Department of Defense Wage Committee; Notice of Closed Meetings
Pursuant to the provisions of section 10 of Public Law 92-463, the
Federal Advisory Committee Act, notice is hereby given that a meeting
of the Department of Defense Wage Committee will be held on Tuesday,
February 1, 1994; Tuesday, February 8, 1994; Tuesday, February 15,
1994; and Tuesday, February 22, 1994, at 2 p.m. in room 800, Hoffman
Building #1, Alexandria Virginia.
The Committee's primary responsibility is to consider and submit
recommendations to the Assistant Secretary of Defense (Personnel and
Readiness) concerning all matters involved in the development and
authorization of wage schedules for federal prevailing rate employees
pursuant to Public Law 92-392. At this meeting, the Committee will
consider wage survey specifications, wage survey data, local wage
survey committee reports and recommendations, and wage schedules
derived therefrom.
Under the provisions of section 10(d) of Public Law 92-463,
meetings may be closed to the public when they are ``concerned with
matters listed in 5 U.S.C. 552b.'' Two of the matters so listed are
those ``related solely to the internal personnel rules and practices of
an agency,'' (5 U.S.C. 552b.(c)(2)), and those involving ``trade
secrets and commercial or financial information obtained from a person
and privileged or confidential'' (5 U.S.C. 552b.(c)(4)).
Accordingly, the Deputy Assistant Secretary of Defense (Civilian
Personnel Policy/Equal Opportunity) hereby determines that all portions
of the meeting will be closed to the public because the matters
considered are related to the internal rules and practices of the
Department of Defense (5 U.S.C. 552b.(c)(2)), and the detailed wage
data considered were obtained from officials of private establishments
with a guarantee that the data will be held in confidence (5 U.S.C.
552b(c)(4)).
However, members of the public who may wish to do so are invited to
submit material in writing to the chairman concerning matters believed
to be deserving of the Committee's attention.
Additional information concerning this meeting may be obtained by
writing the Chairman, Department of Defense Wage Committee, room 3D264,
The Pentagon, Washington, DC. 20310.
Dated: January 3, 1994.
L.M. Bynum,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-371 Filed 1-6-94; 8:45 am]
BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 94-370 Defense Science Board Task Force on Readiness
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-370]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF DEFENSE
Defense Science Board Task Force on Readiness
Action: Notice of Advisory Committee Meetings.
-----------------------------------------------------------------------
SUMMARY: The Defense Science Board Task Force on Readiness will meet in
closed session on January 7, 14, and 19, 1994 at the Pentagon,
Arlington, Virginia.
The mission of the Defense Science Board is to advise the Secretary
of Defense through the Under Secretary of Defense (Acquisition and
Technology) on scientific and technical matters as they affect the
perceived needs of the Department of Defense. At these meetings the
Task Force will provide advice, recommendations, and supporting
rationale on the components of a Readiness Early Warning System to
insure that our forces do not become ``hollow,'' and, where
deficiencies may begin to emerge, to suggest corrective actions.
In accordance with section 10(d) of the Federal Advisory Committee
Act, Public Law 92-463, as amended (5 U.S.C. App. II, (1988)), it has
been determined that these DSB Task Force meetings, concerns matters
listed in 5 U.S.C. 552b(c)(1) (1988), and that accordingly these
meetings will be closed to the public.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-370 Filed 1-6-94; 8:45 am]
BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 94-369 Defense Science Board Task Force on Antitrust Aspects of Defense Industry Consolidation
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-369]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Defense Science Board Task Force on Antitrust Aspects of Defense
Industry Consolidation
ACTION: Notice of Advisory Committee Meeting.
-----------------------------------------------------------------------
SUMMARY: The Defense Science Board Task Force on Antitrust Aspects of
Defense Industry Consolidation will meet in open session on January 27-
28, 1994 at the Pentagon, Room 3E869, Arlington, Virginia.
The mission of the Defense Science Board is to advise the Secretary
of Defense and the Under Secretary of Defense for Acquisition on
scientific and technical matters as they affect the perceived needs of
the Department of Defense.
Persons interested in further information should call Ms. Amy
Jeffress at (703) 697-7228.
Dated: January 3, 1994.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-369 Filed 1-6-94; 8:45 am]
BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 94-368 Record of Decision for Construction of Element II Breakwater/Pier at Naval Station Puget Sound, Everett, WA
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1006-1007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-368]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF DEFENSE
Department of the Navy
Record of Decision for Construction of Element II Breakwater/Pier
at Naval Station Puget Sound, Everett, WA
Pursuant to section 102(2)(C) of the National Environmental Policy
Act (NEPA) of 1969 and the Council on Environmental Quality Regulations
(40 CFR part 1500-1508), the Department of the Navy announces its
decision to construct a breakwater/pier at Naval Station Puget Sound,
Everett, Washington. This action was identified as the preferred
alternative in the Draft and Final Supplemental Environmental Impact
Statements (DSEIS/FSEIS) distributed to the public in March and
November, 1993, respectively. The process leading to the SEIS and this
decision are consistent with a Settlement Agreement with the Friends of
the Earth, et al. concerning homeporting actions at Everett.
Comments received from the public on the DSEIS and during a public
hearing held in April 1993 were concerned primarily with potential
impacts from dredging and breakwater/pier physical obstruction/shading
of salmonid migrations. These concerns were responded to in the FSEIS
and there were no public comments on the FSEIS. The Navy is not aware
of any remaining unresolved environmental issues.
The Element II breakwater/pier project consists of dredging and
construction of a pile-supported breakwater/pier. The breakwater/pier
will allow berthing for the currently planned ship-mix which cannot be
adequately accommodated at the Element I facilities, and will provide
wave attenuation for ships berthed at the Carrier Pier. The breakwater/
pier will also provide for fish passage. Element II projects will not
increase the number of vessels or personnel to be stationed at Everett,
over those planned for in Element I.
The project will require dredging and disposal of about 150,000
cubic yards of marine sediments, construction of a baffle-wall
breakwater structure, and, at a later date, conversion of the structure
into a breakwater pier capable of berthing Navy ships. Dredging and
construction of the breakwater component is expected to begin in Fiscal
Year (FY) 1994. Construction of the pier component is scheduled to
begin in FY 1997. The material to be dredged has been determined to be
acceptable for disposal at the Port Gardner, Puget Sound Dredged
Disposal site. Dredging will be scheduled to avoid the out-migration of
juvenile salmon from the Snohomish River from March 15 to July 1.
The no action alternative was dismissed from further consideration
because it would make it impracticable for the Navy to safely complete
its mission at an established home port. Alternative designs and
concepts for wave attenuation and berthing were evaluated in the SEIS
and were rejected in preference to the proposed action for
environmental, operational, and safety reasons that were described in
detail in the DSEIS/FSEIS. The FSEIS incorporates the DSEIS by
reference and the two must be used in conjunction.
The proposed action will not impact federally protected wetlands or
endangered species. The proposed action conforms with the Washington
State Implementation Plan for meeting ambient air quality standards.
The proposed action will not impact archaeological, cultural, or
historic resources listed, or determined eligible for listing, on the
National Register of Historic Places. The Navy has determined that the
proposed action is consistent with the maximum extent practicable with
the Washington State Coastal Zone Management Plan.
Questions regarding the SEIS prepared for this action may be
directed to the Engineering Field Activity Northwest, Naval Facilities
Engineering Command, (Attn: Mr. Don Morris), 3505 NW Anderson Hill
Road, Silverdale, Washington, telephone (206) 396-5976.
Dated: January 3, 1994.
Elsie L. Munsell,
Deputy Assistant Secretary of the Navy (Environment and Safety).
Dated: January 4, 1994.
Michael P. Rummel,
LCDR, JAGC, USN, Federal Register Liaison Officer.
[FR Doc. 94-368 Filed 1-6-94; 8:45 am]
BILLING CODE 3810-AE-M
Complete official Federal Register PDF
FR Doc. 94-365 Petitions for Exemption; Summary of Petitions Received; Dispositions of Petitions Issued
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1054-1055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-365]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE-93-54]
Petitions for Exemption; Summary of Petitions Received;
Dispositions of Petitions Issued
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of petitions for exemption received and of dispositions
of prior petitions.
-----------------------------------------------------------------------
SUMMARY: Pursuant to FAA's rulemaking provisions governing the
application, processing, and disposition of petitions for exemption (14
CFR part 11), this notice contains a summary of certain petitions
seeking relief from specified requirements of the Federal Aviation
Regulations (14 CFR chapter I), dispositions of certain petitions
previously received, and corrections. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of any petition or its final disposition.
DATES: Comments on petitions received must identify the petition docket
number involved and must be received on or before January 27, 1994.
ADDRESSES: Send comments on any petition in triplicate to: Federal
Aviation Administration, Office of the Chief Counsel, Attn: Rule Docket
(AGC-200), Petition Docket No. ______, 800 Independence Avenue, SW.,
Washington, DC 20591.
The petition, any comments received, and a copy of any final
disposition are filed in the assigned regulatory docket and are
available for examination in the Rules Docket (AGC-200), room 915G, FAA
Headquarters Building (FOB 10A), 800 Independence Avenue, SW.,
Washington, DC 20591; telephone (202) 267-3132.
FOR FURTHER INFORMATION CONTACT:
Mr. Frederick M. Haynes, Office of Rulemaking (ARM-1), Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-3939.
This notice is published pursuant to paragraphs (c), (e), and (g)
of Sec. 11.27 of part 11 of the Federal Aviation Regulations (14 CFR
part 11).
Issued in Washington, DC, on December 30, 1993.
Joseph A. Conte,
Acting Manager, Regulations Division, Office of Chief Counsel.
Petitions for Exemption
Docket No.: 26478
Petitioner: United States Air Force
Sections of the FAR Affected: 14 CFR 91.209
Description of Relief Sought: To allow the petitioner to continue to
conduct lights out training in support of law enforcement and drug
interdiction operations.
Docket No.: 27429
Petitioner: Community College of the Air Force
Sections of the FAR Affected: 14 CFR 147.31(a)(iii)
Description of Relief Sought/Disposition: To permit individuals who
have completed military aviation maintenance training courses to be
evaluated using the same criteria that is used for the civilian sector.
Docket No.: 27484
Petitioner: Delaware State University
Sections of the FAR Affected: 14 CFR 141.27(c)(2)
Description of Relief Sought/Disposition: To permit Delaware State
University to reapply for a provisional pilot school certificate in
less than 180 days after the expiration date of its prior certificate.
Docket No.: 27487
Petitioner: Ms. Rebecca Cohen-Pardo
Sections of the FAR Affected: 14 CFR 61.39
Description of Relief Sought: To allow the petitioner to be eligible
for a flight test even though more than 24 months have elapsed since
the required written examination was passed.
Docket No.: 27492
Petitioner: American Express Company
Sections of the FAR Affected: 14 CFR 91.411(b)
Description of Relief Sought: To allow the petitioner's experienced
technicians, using certified equipment, to conduct data correspondence
tests when American Express Company removes and reinstalls a Digital
Air Data Computer on its Gulfstream IV aircraft.
Docket No.: 27539
Petitioner: Association of Air Medical Services and Helicopter
Association International
Sections of the FAR Affected: 14 CFR 135.213(b), 135.219 and 135.255
(a)(1), (a)(2), (f) and (g)
Description of Relief Sought/Disposition: To permit the petitioners to
file an instrument flight rule (IFR) flight plan, take off under IFR,
and conduct IFR approaches and takeoffs at airports/heliports that do
not have weather reporting capability.
Docket No.: 27546
Petitioner: Mr. Theodore L. Herbert
Sections of the FAR Affected: 14 CFR 121.383(c)
Description of Relief Sought/Disposition: To permit the petitioner to
serve as a pilot in part 121 air carrier operations after his 60th
birthday.
Dispositions of Petitions
Docket No.: 25286
Petitioner: United States Parachute Association
Sections of the FAR Affected: 14 CFR 91.307(a)(2) and 105.43(a)
Description of Relief Sought/Disposition: To amend Exemption No. 4946C
to exempt foreign nationals participating at USAP-sponsored events from
using FAA-approved equipment while practice jumping in preparation for
the event.
Denial, December 6, 1993, Exemption No. 5805
Docket No.: 26101
Petitioner: America West Airlines, Inc.
Sections of the FAR Affected: 14 CFR 93.225
Description of Relief Sought/Disposition: To permit the petitioner to
continue to operate four flights (two arrivals and two departures) at
Washington National Airport (DCA).
Grant, November 15, 1993, Exemption No. 5133E
Docket No.: 26577
Petitioner: Jet Tech, Inc.
Sections of the FAR Affected: 14 CFR 61.55(b)(2); 61.56(b)(1); 61.57(c)
and (d); 61.58(c)(1) and (d); 61.63(c)(2) and (d)(2) and (3);
61.67(d)(2); 61.157(d)(1) and (2) and (e)(1) and (2); and Appendix A of
part 61.
Description of Relief Sought: To allow Jet Tech, Inc., and persons who
contract for services from Jet Tech, Inc. to continue to use FAA-
approved simulators to meet certain training and testing requirements.
Grant, December 9, 1993, Exemption No. 5377A
Docket No.: 27235
Petitioner: United Air Lines, Inc.
Sections of the FAR Affected: 14 CFR 121, Appendix H
Description of Relief Sought: To allow the petitioner to use its 747 #2
simulator, qualified at Level C (Phase II), as if it were qualified at
Level D (Phase III).
Partial Grant, December 8, 1993, Exemption No. 5807
Docket No.: 27416
Petitioner: Airways Service
Sections of the FAR Affected: 14 CFR 135.143(c)(2)
Description of Relief Sought/Disposition: To permit the petitioner to
operate without a TSO-C112 (Mode S) transponder on its aircraft
operating under the provisions of part 135.
Grant, December 20, 1993, Exemption No. 5808
Docket No.: 27461
Petitioner: Sierra Industries Inc.
Sections of the FAR Affected: 14 CFR 135.143(c)(2)
Description of Relief Sought: To allow the petitioner to operate
without a TSO-C112 (Mode S) transponder installed on its aircraft
operating under the provisions of part 135.
Grant, December 20, 1993, Exemption No. 5809
Docket No.: 27486
Petitioner: Carroll Aviation, Inc.
Sections of the FAR Affected: 14 CFR 135.143(c)(2)
Description of Relief Sought: To allow the petitioner to operate
without a TSO-C112 (Mode S) transponder installed on its aircraft
operating under the provisions of part 135.
Grant, December 20, 1993, Exemption No. 5810
[FR Doc. 94-365 Filed 1-6-94; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 94-362 Delegation of Authority No. 208; to the Assistant Secretary for Intelligence and Research
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-362]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF STATE
Office of the Secretary
[Public Notice 1924]
Delegation of Authority No. 208; to the Assistant Secretary for
Intelligence and Research
By virtue of the authority vested in me as Secretary of State,
including by Public Law 98-164, as amended (the ``Act'') and section 4
of the Act of May 26, 1949, as amended (22 U.S.C. 2658), I hereby
delegate to the Assistant Secretary of State for Intelligence and
Research the functions vested in me under section 804(a) of the Act.
Notwithstanding any provision of this delegation of authority the
Secretary of State may at any time exercise the functions delegated by
this delegation of authority. Functions delegated by this delegation of
authority may be redelegated, to the extent consistent with law. Any
act, executive order, regulation or procedure affected by this
delegation of authority shall be deemed to be such act, executive
order, regulation or procedure as amended from time to time.
This delegation of authority should be published in the Federal
Register.
Dated: November 30, 1993.
Peter Tarnoff,
Acting Secretary of State.
[FR Doc. 94-362 Filed 1-6-94; 8:45 am]
BILLING CODE 4710-10-M
Complete official Federal Register PDF
FR Doc. 94-361 Clearance Request for Rights in Data and Copyrights
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1004-1005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-361]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0090]
Clearance Request for Rights in Data and Copyrights
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice of request for an extension to an existing OMB clearance
(9000-0090).
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SUMMARY: Under the provisions of the Paperwork Reduction Act of 1980
(44 U.S.C. 3051), the Federal Acquisition Regulation (FAR) Secretariat
has submitted to the Office of Management and Budget (OMB) a request to
review and approve an extension of a currently approved information
collection requirement concerning Rights in Data and Copyrights.
FOR FURTHER INFORMATION CONTACT:
Beverly Fayson, Office of Federal Acquisition Policy, GSA (202) 501-
4755.
SUPPLEMENTARY INFORMATION:
A. Purpose
Rights in Data is a regulation which concerns the rights of the
Government, and organizations with which the Government contracts, to
information developed under such contracts. The delineation of such
rights is necessary in order to protect the contractor's rights to not
disclose proprietary data and to insure that data developed with public
funds is available to the public.
The information collection burdens and recordkeeping requirements
included in this regulation fall into the following four categories.
(a) A provision which is to be included in solicitations where the
proposer would identify any proprietary data he would use during
contract performance in order that the contracting officer might
ascertain if such proprietary data should be delivered.
(b) Contract provisions which, in unusual circumstances, would be
included in a contract and require a contractor to deliver proprietary
data to the Government for use in evaluation of work results, or is
software to be used in a Government computer. These situations would
arise only when the very nature of the contractor's work is comprised
of limited rights data or restricted computer software and if the
Government would need to see that data in order to determine the extent
of the work.
(c) A technical data certification for major systems, which
requires the contractor to certify that the data delivered under the
contract is complete, accurate and compliant with the requirements of
the contract. As this provision is for major systems only, and few
civilian agencies have such major systems, only about 30 contracts will
involve this certification.
(d) The Additional Data Requirements clause, which is to be
included in all contracts for experimental, developmental, research, or
demonstration work (other than basic or applied research to be
performed solely by a university or college where the contract amount
will be $500,000 or less). The clause requires that the contractor keep
all data first produced in the performance of the contract for a period
of three years from the final acceptance of all items delivered under
the contract. Much of this data will be in the form of the deliverables
provided to the Government under the contract (final report, drawings,
specifications, etc.). Some data, however, will be in the form of
computations, preliminary data, records of experiments, etc., and these
will be the data that will be required to be kept over and above the
deliverables. The purpose of such recordkeeping requirements is to
insure that the Government can fully evaluate the research in order to
ascertain future activities and to insure that the research was
completed and fully reported, as well as to give the public an
opportunity to assess the research results and secure any additional
information. All data covered by this clause is unlimited rights data
paid for by the Government.
Paragraph (d) of the Rights in Data--General clause outlines a
procedure whereby a contracting officer can challenge restrictive
markings on data delivered. Under civilian agency contracts, limited
rights data or restricted computer software is rarely, if ever,
delivered to the Government. Therefore, there will rarely be any
challenges. Thus, there is no burden on the public.
Under the procedures established for development of the FAR, agency
and public comments were solicited and each comment was addressed
before finalization of the text. The comments which were received were
for the most part from educational institutions, which stated that
requiring their investigators to keep records of unlimited rights data
for three years after acceptance of deliverables was unreasonable, in
that such investigators in reality do not segregate their research by
contract, but rather combine it with other data in order to continue
their research. In light of this, the proposed rule was changed to
state that the Additional Data Requirements clause would not be placed
in contracts for basic or applied research with educational
institutions where the value was $500,000 or less. The $500,000
threshold was adopted after surveying the major civilian research and
development (R&D) agencies, whose data suggested that an average R&D
contract was $250,000 to $300,000; commensurate with other clause
thresholds (e.g., small business subcontracting), the $500,000
threshold was chosen. Thus, for most R&D contracts with universities,
no recordkeeping is required.
B. Annual Reporting Burden
The annual reporting burden is estimated as follows: Respondents,
1,100; responses per respondent, 1; total annual responses, 1,100;
preparation hours per response, 2,7; and total response burden hours,
2,970.
C. Annual Recordkeeping Burden
The annual recordkeeping burden is estimated as follows:
Recordkeepers, 9,000; hours per recordkeeper, 3; and total
recordkeeping burden hours, 27,000
OBTAINING COPIES OF PROPOSALS: Requester may obtain copies of OMB
applications or justifications from the General Services
Administration, FAR Secretariat (VRS), room 4037, Washington, DC 20405,
telephone (202) 501-4755. Please cite OMB Control No. 9000-0090, Right
in Data and Copyrights, in all correspondence.
Dated: December 28, 1993.
Beverly Fayson,
FAR Secretariat.
[FR Doc. 94-361 Filed 1-6-94; 8:45 am]
BILLING CODE 6820-34-M
Complete official Federal Register PDF
FR Doc. 94-360 Statutory Debarment Under the International Traffic in Arms Regulations
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1053-1054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-360]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF STATE
Office of Defense Trade Controls
[Public Notice 1928]
Statutory Debarment Under the International Traffic in Arms
Regulations
AGENCY: Department of State.
ACTION: Notice.
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SUMMARY: Notice is hereby given of which persons have been statutorily
debarred pursuant to Sec. 127.7(c) of the International Traffic in Arms
Regulations (22 CFR parts 120-130) (ITAR).
EFFECTIVE DATE: January 7, 1994.
FOR FURTHER INFORMATION CONTACT: Clyde G. Bryant Jr., Chief, Compliance
Enforcement Branch, Office of Defense Trade Controls, Department of
State (703-875-6650).
SUPPLEMENTARY INFORMATION: Section 38(g)(40(A) of the Arms Export
Control Act (AECA), 22 U.S.C. 2778, prohibits export licenses to be
issued to a person, or any party to the export, who has been convicted
of violating certain U.S. criminal statutes, including the AECA. The
term ``person,'' as defined in 22 CFR 120.14 of the International
Traffic in Arms Regulations (ITAR), means a natural person as well as a
corporation, business association, partnership, society, trust, or any
other entity, organization or group, including governmental entities.
The ITAR, specifically Sec. 126.7(e), defines the term ``party to the
export'' to include the president, the chief executive officer, and
other senior officers and officials of the license applicant; the
freight forwarders or designated exporting agent of the license
applicant; and any consignee or end-user of any item to be exported.
The statute permits certain limited exceptions to this prohibition to
be made on a case-by-case basis. 22 U.S.C. 2778(g)(4).
The ITAR, Sec. 127.7, authorizes the Assistant Secretary of State
for Political-Military Affairs to prohibit certain persons convicted of
violating, or conspiring to violate, the AECA from participating
directly or indirectly in the export of defense articles or in the
furnishing of defense services. Such a prohibition is referred to as a
``statutory debarment,'' which may be imposed on the basis of judicial
proceedings that resulted in a conviction for violating, or of
conspiring to violate, the AECA. See 22 CFR 127.7(c). The period for
debarment will normally be three years from the date of conviction. At
the end of the debarment period, licensing privileges may be reinstated
at the request of the debarred person following the necessary
interagency consultations, after a thorough review of the circumstances
surrounding the conviction, and a finding that appropriate steps have
been taken to mitigate any law enforcement concerns, as required by the
AECA, 22 U.S.C. 2778(g)(4).
Statutory debarment is based solely upon a conviction in a criminal
proceeding, conducted by a United States court. Thus, the
administrative debarment procedures, as outlined in the ITAR, 22 CFR
part 128, are not applicable in such cases.
The Department of State will not consider applications for licenses
or requests for approvals that involve any person or any party to the
export who has been convicted of violating, or of conspiring to
violate, the AECA during the period of statutory debarment. Persons who
have been statutorily debarred may appeal to the Under Secretary for
International Security Affairs for reconsideration of the ineligibility
determination. A request for reconsideration must be submitted in
writing within 30 days after a person has been informed of the adverse
decision. 22 CFR 127.7(d).
The Department of State policy permits debarred persons to apply
for an exception one year after the date of the debarment, in
accordance with the AECA, 22 U.S.C. 2778(g)(4)(A), and the ITAR,
Sec. 127.7. This request is made to the Director of the Office of
Defense Trade Controls. Any decision to grant an exception can be made
only after the statutory requirements under section 38(g)(4) of the
AECA have been satisfied. If the exception is granted, the debarment
will be suspended.
Pursuant to the AECA, 22 U.S.C. 2778(g)(4)(A), and the ITAR, 22 CFR
127.7, the Assistant Secretary for Political-Military Affairs has
statutorily debarred nine persons who have been convicted of conspiring
to violate or violating the AECA.
These persons have been debarred for a three-year period following
the date of their conviction, and have been so notified by a letter
from the Office of Defense Trade Controls. Pursuant to ITAR,
Sec. 127.7(c), the names of these persons, their offense, date of
conviction(s) and court of conviction(s) are hereby being published in
the Federal Register. Anyone who requires additional information to
determine whether a person has been debarred should contact the Office
of Defense Trade Controls.
This notice involves a foreign affairs function of the United
States encompassed within the meaning of the military and foreign
affairs exclusion of the Administrative Procedure Act. Because the
exercising of this foreign affairs function is discretionary, it is
excluded from review under the Administrative Procedure Act.
In accordance with these authorities the following persons are
debarred for a period of three years following their conviction for
conspiring to violate or violating the AECA (name/address/offense/
conviction date/court citation):
1. Jetborne, Inc., 4010 N.W. 36th Avenue, Miami, FL 33142, 22 U.S.C.
2778 (violating the Arms Export Control Act), December 3, 1992, United
States v. Jetborne, Inc., (U.S. District Court, Southern District of
Florida, Criminal Docket No. 91-199-CR-MORENO(S)(01))
2. John L. Broussard, 110 Churchill Drive, Lafayette, LA 70501, 18
U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778), June 26, 1992,
United States v. John L. Broussard, (U.S. District Court, Western
District of Louisiana, Criminal Docket No. 91-60025-01)
3. Hilton Langley, 101 North Pine, Lafayette, LA 70501, 18 U.S.C. 371
(conspiracy to violate 22 U.S.C. 2778), June 26, 1992, United States v.
Hilton Langley, (U.S. District Court, Western District of Louisiana,
Criminal Docket No. 91-60025-02)
4. Edouard Michel Heldewier, 15630 S.W. 46th Terrace, Miami, FL 33185,
18 U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778) and 22 U.S.C. 2778
(violating the Arms Export Control Act), June 3, 1991, United States v.
Edouard Michel Heldewier, (U.S. District Court, Eastern District of
Michigan, Criminal Docket No. CR-90-81079-DT-01)
5. Miles Andrew Maynard, 1588 South Shore Drive, East Lansing, MI
48823, 18 U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778) and 22
U.S.C. 2778 (violating the Arms Export Control Act), June 3, 1991,
United States v. Miles Maynard, (U.S. District Court, Eastern District
of Michigan, Criminal Docket No. CR-90-81079-DT-02)
6. Phyllis Ware, 1588 South Shore Drive, East Lansing, MI 48823, 22
U.S.C. 2778 (violating the Arms Export Control Act), June 3, 1991,
United States v. Phyllis Ware, (U.S. District Court, Eastern District
of Michigan, Criminal Docket No. CR-90-81079-DT-03
7. Louis Haneef, Metropolitan Correctional Center, 15801 S.W. 137th
Avenue, Miami, FL 33177 18 U.S.C. 371 (conspiracy to violate 22 U.S.C.
2778) and 22 U.S.C. 2778 (violating the Arms Export Control Act),
December 30, 1991, United States v. Louis Haneef, et al., (U.S.
District Court, Southern District of Florida, Criminal Docket No. 90-
6161-CR-PAINE)
8. Colin J. Devellerez, 148 East 122nd Street, Upland, CA 91786, 18
U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778) and 22 U.S.C. 2778
(violating the Arms Export Control Act), September 14, 1993, United
States v. Japan Aviation Electronics Industry, Ltd, et al., (U.S.
District Court, District of Columbia, Criminal Docket No. 91-516-06)
9. Glenda Joyce Tucker, 1634 Edom Street, Carson, CA 90746, 22 U.S.C.
2778 (violating the Arms Export Control Act), September 20, 1993,
United States v. Glenda Joyce Tucker, (U.S. District Court, Central
District of California, Docket No. CR-93-425(A)-RSWL)
Dated: December 10, 1993.
William B. Robinson,
Director, Office of Defense Trade Controls, Bureau of Political-
Military Affairs, Department of State.
[FR Doc. 94-360 Filed 1-6-94; 8:45 am]
BILLING CODE 4710-25-M
Complete official Federal Register PDF
FR Doc. 94-359 Rio Grande American Canal Extension Project, El Paso, Texas; Availability of Final Environmental Assessment and Finding of No Significant Impact
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1034-1036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-359]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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INTERNATIONAL BOUNDARY AND WATER COMMISSION
UNITED STATES AND MEXICO
Rio Grande American Canal Extension Project, El Paso, Texas;
Availability of Final Environmental Assessment and Finding of No
Significant Impact
AGENCY: U.S. International Boundary and Water Commission.
ACTION: Notice of availability of final environmental assessment and
finding of no significant impact.
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SUMMARY: Pursuant to section 102(2)(C) of the National Environmental
Policy Act of 1969; the Council on Environmental Quality Final
Regulations (40 CFR parts 1500 through 1508); and the U.S. Section's
Operational Procedures for Implementing section 102 of NEPA, published
in the Federal Register September 2, 1981 (46 FR 44083-44094); the U.S.
Section hereby gives notice that the Final Environmental Assessment and
Final Finding of No Significant Impact for the proposed action of
constructing an extenstion to the existing American Canal is available.
A Notice of Finding of No Significant Impact dated October 21, 1993,
provided a thirty day review and comment period before making the
Finding final. The Notice was published in the Federal Register
November 1, 1993 (58 FR 58377-58379).
FOR FURTHER INFORMATION CONTACT:Dr. Conrad G. Keyes, Jr., Principal
Engineer, Planning; U.S. Section, International Boundary and Water
Commission, United States and Mexico, 4171 North Mesa Street, building
C-310, El Paso, Texas 79902-1422. Telephone: 915/534-6703.
SUPPLEMENTARY INFORMATION:
Proposed Action
The proposed Rio Grande American Canal Extension (RGACE), with or
without the immediate participation of Mexico, involves the
rehabilitation and enlargement of segments of the existing Franklin
Canal; the construction of a new, reinforced concrete-lined canal; and
other associated works. The United States Section (U.S. Section) of the
International Boundary and Water Commission, United States and Mexico
(Commission) is authorized under the Rio Grande American Canal
Extension Act of 1990 (the Act of 1990), Public Law 101-438, dated
October 15, 1990, to construct, operate, and maintain an extension of
the existing American Canal in El Paso, Texas. The Act of 1990 also
allows for the participation of Mexico in the proposed action for the
purpose of conveying their 1906 Convention waters.
In the Act of 1990, the United States Congress authorized the
negotiation of international agreements for use of the proposed RGACE
to convey Mexican waters. The government of Mexico considers there is
merit in conveying its 1906 Convention waters in the proposed RGACE in
view of the conveyance losses and safety issues inherent in Mexico's
existing canal system. The Act of 1990 makes possible the immediate or
future participation by Mexico in financing the proposed RGACE capacity
improvements and other works and measures necessary to convey Mexican
waters in the canal, including future restoration of the internatonal
grade control structure located at Riverside Diversion Dam.
As stated in section 2(6) of the Act of 1990, ``(t)he construction
and operation of an extension of the American Canal which would lie
wholly in the United States would provide for a more equitable
distribution of waters between the United States and Mexico, reduce
water losses, and minimize many hazards to public safety.'' This would
hold true for both America and Mexico since both countries currently
experience unauthorized diversions of water, water losses, and public
health and safety hazards associated with their respective conveyance
systems. The canal extension and associated facilities would be located
adjacent to the Rio Grande Rectification Flood Control Project within
the City of El Paso, El Paso County, Texas.
Water for domestic and irrigation use is diverted into the American
Canal at the American Dam located on the Rio Grande upstream from
downtown El Paso. The diversion dam and canal were constructed
completely within United States territory to divert United States
waters away from the Rio Grande and to permit the discharge into the
international reach of the Rio Grande only those waters assigned to the
Republic of Mexico under the Convention of 1906. This ensured that
United States waters diverted at the American Dam area completely
retained within the United States to a point downstream of the location
where the United States delivers the 1906 Convention waters near
International Dam. Depending on the schedule submitted by Mexico, up to
8.5 cubic meters per second (cms) or 300 cubic feet per second (cfs) of
water is released into the Rio Grande channel downstream from American
Dam for delivery to the Republic of Mexico in the bed of the river near
the head works of the Acequia Madre, Mexico's principal canal,
immediately upstream of International Dam. As provided in the 1906
Convention, a total of 74.009 thousand cubic meters (60,000 acre-feet)
of water is delivered to Mexico annually.
United States Rio Grande Project waters assigned to water districts
are currently in part conveyed in the international reach of the Rio
Grande from International Dam to Riverside Diversion Dam. A significant
amount of these waters (an estimated 39,471 thousand cubic meters or
32,000 acre-feet annually) is lost through seepage, evaporation,
transpiration, and by unauthorized diversion or collection as they are
conveyed in the international reach of the Rio Grande. A significant
amount of these water losses (an estimated 25,900 to 37,000 thousand
cubic meters or 21,000 to 30,000 acre-feet annually) could be salvaged
by conveying them in the proposed concrete-lined canal extension.
Alternatives Considered
Four alternatives, including the Proposed Action Alternative and
the No Action Alternative, were considered during the preparation of
the environmental assessment. The alternatives are summarized here:
1. No Action Alternative
Under this alternative, there would be no construction of an
extension to the existing American Canal. United States waters in the
international reach of the Rio Grande from International Dam to
Riverside Diversion Dam would continue to be susceptible to
unauthorized diversion or withdrawal and would continue to be lost
through seepage, evaporation, and transpiration while flowing in the
Rio Grande and the unlined canals. There would be no change in existing
facilities or conditions under this alternative, and existing hazards
to public health and safety would remain the same.
2. Proposed Action Alternative
This Alternative contains three distinct options:
(1) Construction of the proposed RGACE without immediate Mexican
participation;
(2) Construction of the proposed RGACE with immediate Mexican
participation; and
(3) Construction of the proposed RGACE with a regulating reservoir
located near the canal terminus to facilitate project operations. Any
one of the options under this Alternative would ensure the equitable
distribution of United States and Mexican waters, reduce water losses
that would otherwise occur within the unlined canals and the river
channel, and eliminate many hazards to public safety and health.
The proposed RGACE is composed of both reconstruction and new
construction of a concrete lined channel. Even though work has not yet
been authorized for the existing American Canal upstream of
International Dams, it is possible that some rehabilitation will be
necessary throughout its 3.2 kilometers (1.98 miles) length to make it
compatible with the design capacity for the proposed action of 42.5 cms
(1,500 cfs) and could be accomplished by the construction of parapet
walls. An existing portion of the Franklin Canal from International Dam
to the Leon Street Wasteway will be reconstructed throughout its 2.4
kilometers (1.48 miles) length as a trapezoidal or rectangular concrete
lined channel to convey the design capacity. The existing Wasteway No.
1 in this segment will also be upgraded. The deteriorated, unreinforced
concrete lining in the existing Franklin Canal from the Leon Street
Wasteway to the Second Street Lateral will be replaced with reinforced
concrete. This 2.7 kilometers (1.69 miles) segment will be designed to
convey the design capacity. The new construction segment extends for
19.4 kilometers (12.1 miles) from the Second Street Lateral to
Riverside Canal at Riverside Diversion Dam. It will obliterate the
portion of the Playa Lateral which is located between Loop 375 (Border
Highway) and the United States Levee of the Rio Grande Rectification
Project, and incorporate a turnout for the Playa Lateral at the point
where it deviates from the proposed RGACE alignment. The existing Playa
Intercepting Drain will be relocated or abandoned. The constructed
extension will be an open, concrete lined channel designed to convey
42.5 cms (1,500 cfs).
Although funds have not been appropriated in sufficient amounts to
construct the proposed action with a regulating reservoir near the
terminus of the proposed RGACE, it is possible that it could be
constructed by an interested entity in the future. The reservoir would
have a design capacity of 1.233 million cubic meters (1,000 acre-feet)
at a maximum water depth of 3 meters (10 feet).
3. Extension of Existing Canal to Ascarate Wasteway Alternative
This alternative would involve a 12 kilometer (7.5 mile) extension
of the American Canal to Ascarate Wasteway. Water would be delivered to
the Franklin Canal through the Ascarate Lateral by a pump station or
other means and excess flows returned to the Rio Grande for subsequent
diversion at Riverside Diversion Dam. This alternative would not
accomplish the authorized purpose of keeping United States waters
totally out of the Rio Grande between International Dam and Riverside
Diversion Dam. Unauthorized diversion or withdrawal of United States
waters would continue to occur below Ascarate Lateral. Construction of
this alternative would not significantly reduce water losses since
seepage losses would continue to accrue in the Rio Grande below
Ascarate Lateral. Though the 12 kilometers (7.5 miles) extension would
be fenced, existing public health and safety hazards would not be
significantly reduced.
4. Franklin Canal Reconstruction Alternative
Under this alternative, the existing Franklin Canal would be
reconstructed to convey 42.5 cms (1,500 cfs) to the heading of the
Southside Feeder Canal at Ysleta. The feeder canal would transmit water
to the Riverside Canal at a point downstream from the Riverside
Diversion Dam. The Southside Feeder Canal would be reconstructed, a 4.8
kilometers (3 miles) section of the Riverside Canal would require
excavation, and the Riverside Wasteway No. 1 would be reconstructed to
accommodate the design capacity of 42.5 cms (1,500 cfs). Even though
this alternative meets the criteria of the authorizing legislation,
evaluation has shown that it would greatly exceed the design and
construction costs of the proposed action. For this reason it is
considered the least favored alternative to the proposed RGACE.
Availability
Single copies of the Final Environmental Assessment and Final
Finding of No Significant Impact may be obtained at the above address.
Dated: December 29, 1993.
Suzette Zaboroski,
Staff Counsel.
[FR Doc. 94-359 Filed 1-6-94; 8:45 am]
BILLING CODE 4710-03-M
Complete official Federal Register PDF
FR Doc. 94-358 Missouri; Amendment to Notice of a Major Disaster Declaration
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)] [Notices] [Pages 1019-1020] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-358] [[Page Unknown]] [Federal Register: January 7, 1994] ======================================================================= ----------------------------------------------------------------------- FEDERAL EMERGENCY MANAGEMENT AGENCY [FEMA-1006-DR] Missouri; Amendment to Notice of a Major Disaster Declaration agency: Federal Emergency Management Agency (FEMA). action: Notice. ----------------------------------------------------------------------- summary: This notice amends the notice of a major disaster for the State of Missouri, (FEMA-1006-DR), dated December 1, 1993, and related determinations. effective date: December 16, 1993. for further information contact: Pauline C. Campbell, Response and Recovery Directorate, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-3606. supplementary information: The notice of a major disaster for the State of Missouri dated December 1, 1993, is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of Missouri: Bulter, Crawford, Dent, Franklin, Perry, Stoddard, Texas, and Washington Counties for Individual Assistance. (Catalog of Federal Domestic Assistance No. 83.516, Disaster Assistance) Frank H. Thomas, Deputy Associate Director, Response and Recovery Directorate. [FR Doc. 94-358 Filed 1-6-94; 8:45 am] BILLING CODE 6718-02-M
Complete official Federal Register PDF
FR Doc. 94-357 Virginia; Major Disaster and Related Determinations
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-357]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
[FEMA-1007-DR]
Virginia; Major Disaster and Related Determinations
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Notice.
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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Virginia (FEMA-1007-DR), dated December 22,
1993, and related determinations.
EFFECTIVE DATE: December 22, 1993.
FOR FURTHER INFORMATION CONTACT:
Pauline C. Campbell, Response and Recovery Directorate, Federal
Emergency Management Agency, Washington, DC 20472, (202) 646-3606.
SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated December 22, 1993, the President declared a major disaster under
the authority of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), as follows:
I have determined that the damage in certain areas of the
Commonwealth of Virginia, resulting from severe storms and tornadoes
on August 6, 1993, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (``the Stafford Act'').
I, therefore, declare that such a major disaster exists in the
Commonwealth of Virginia.
In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes, such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
You are authorized to provide Individual Assistance in the
designated area. Public Assistance may be designated at a later
date, if warranted. Consistent with the requirement that Federal
assistance be supplemental, any Federal funds provided under the
Stafford Act for Public Assistance will be limited to 75 percent of
the total eligible costs.
The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
Notice is hereby given that pursuant to the authority vested in the
Director of the Federal Emergency Management Agency under Executive
Order 12148, I hereby appoint Robert Gunter of the Federal Emergency
Management Agency to act as the Federal Coordinating Officer for this
declared disaster.
I do hereby determine the following areas of the State of Virginia
to have been affected adversely by this declared major disaster:
The city of Petersburg for Individual Assistance.
(Catalog of Federal Domestic Assistance No. 83.516, Disaster
Assistance)
James Lee Witt,
Director.
[FR Doc. 94-357 Filed 1-6-94; 8:45 am]
BILLING CODE 6718-02-M
Complete official Federal Register PDF
FR Doc. 94-354 Public Information Collection Requirements Submitted to OMB for Review
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-354]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF THE TREASURY
Public Information Collection Requirements Submitted to OMB for
Review
January 3, 1994.
The Department of the Treasury has submitted the following public
information collection requirement(s) to OMB for review and clearance
under the Paperwork Reduction Act of 1980, Public Law 96-511. Copies of
the submission(s) may be obtained by calling the Treasury Bureau
Clearance Officer listed. Comments regarding this information
collection should be addressed to the OMB reviewer listed and to the
Treasury Department Clearance Officer, Department of the Treasury, room
3171 Treasury Annex, 1500 Pennsylvania Avenue, NW., Washington, DC
20220.
Bureau of Alcohol, Tobacco and Firearms
OMB Number: 1512-0130.
Form Numbers: ATF F 4473, Part II (ATF F 5300.9).
Type of Review: Extension.
Title: Firearms Transaction Record, Part II Intrastate, Non-Over
the Counter.
Description: Form is used to determine the eligibility (under the
Gun Control Act) of a person to receive a firearm from a Federal
firearms licensee. It is also used to establish the identity of the
buyer. The form is used in law enforcement in investigations/
inspections to trace firearms or to confirm criminal activity of
persons violating the Gun Control Act (GCA).
Respondents: Individuals or households, Businesses or other for-
profit, Small businesses or organizations.
Estimated Number of Respondents/Recordkeepers: 20,900.
Estimated Burden Hours Per Respondent/Recordkeeping: 24 minutes.
Frequency of Response: On occasion.
Estimated Total Reporting/Recordkeeping Burden: 11,843 hours.
Clearance Officer: Robert N. Hogarth (202) 927-8930, Bureau of
Alcohol, Tobacco and Firearms, room 3200, 650 Massachusetts Avenue,
NW., Washington, DC 20226.
OMB Reviewer: Milo Sunderhauf (202) 395-6880, Office of Management
and Budget, room 3001, New Executive Office Building, Washington, DC
20503.
Lois K. Holland,
Departmental Reports Management Officer.
[FR Doc. 94-354 Filed 1-6-94; 8:45 am]
BILLING CODE 4810-31-P
Complete official Federal Register PDF
FR Doc. 94-353 Procurement List; Additions
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-353]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
Procurement List; Additions
AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled.
ACTION: Additions to procurement list.
-----------------------------------------------------------------------
SUMMARY: This action adds to the Procurement List a commodity, military
resale commodities and a service to be furnished by nonprofit agencies
employing persons who are blind or have other severe disabilities.
EFFECTIVE DATE: February 7, 1994.
ADDRESSES: Committee for Purchase from People Who Are Blind or Severely
Disabled, Crystal Square 3, suite 403, 1735 Jefferson Davis Highway,
Arlington, Virginia 22202-3461.
FOR FURTHER INFORMATION CONTACT: Beverly Milkman (703) 603-7740.
SUPPLEMENTARY INFORMATION: On October 1, November 15 and 19, 1993, the
Committee for Purchase from People Who Are Blind or Severely Disabled
published notices (58 FR 51319, 60181 and 61073) of proposed additions
to the Procurement List.
After consideration of the material presented to it concerning
capability of qualified nonprofit agencies to provide the commodity,
military resale commodities and service, fair market price, and impact
of the additions on the current or most recent contractors, the
Committee has determined that the commodity, military resale
commodities and service listed below are suitable for procurement by
the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4.
I certify that the following action will not have a significant
impact on a substantial number of small entities. The major factors
considered for this certification were:
1. The action will not result in any additional reporting,
recordkeeping or other compliance requirements for small entities other
than the small organizations that will furnish the commodity, military
resale commodities and service to the Government.
2. The action will not have a severe economic impact on current
contractors for the commodity, military resale commodities and service.
3. The action will result in authorizing small entities to furnish
the commodity, military resale commodities and service to the
Government.
4. There are no known regulatory alternatives which would
accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48c) in connection with the commodity, military resale commodities and
service proposed for addition to the Procurement List.
Accordingly, the following commodity, military resale commodities
and service are hereby added to the Procurement List:
Commodity
Stake, Vehicle Body, Rack Assembly
2510-01-180-1099
Military Resale Commodities
Cutlery, Heavy Duty
M.R. 532 (Place Settings)
M.R. 533 (Knife)
M.R. 534 (Fork)
M.R. 535 (Spoon)
Service
Janitorial/Custodial
Riverside National Cemetery, 22495 Van Buren Boulevard,
Riverside, California.
This action does not affect current contracts awarded prior to
the effective date of this addition or options exercised under those
contracts.
Beverly L. Milkman,
Executive Director.
[FR Doc. 94-353 Filed 1-6-94; 8:45 am]
BILLING CODE 6820-33-P
Complete official Federal Register PDF
FR Doc. 94-352 Procurement List; Proposed Additions and Deletions
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-352]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
Procurement List; Proposed Additions and Deletions
AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled.
ACTION: Proposed additions to and deletions from procurement list.
-----------------------------------------------------------------------
SUMMARY: The Committee has received proposals to add to the Procurement
List services to be furnished by nonprofit agencies employing persons
who are blind or have other severe disabilities, and to delete
commodities previously furnished by such agencies.
COMMENTS MUST BE RECEIVED ON OR BEFORE: February 7, 1994.
ADDRESSES: Committee for Purchase From People Who Are Blind or Severely
Disabled, Crystal Square 3, suite 403, 1735 Jefferson Davis Highway,
Arlington, Virginia 22202-3461.
FOR FURTHER INFORMATION CONTACT: Beverly Milkman, (703) 603-7740.
SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41
U.S.C. 47(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested
persons an opportunity to submit comments on the possible impact of the
proposed actions.
Additions
If the Committee approves the proposed addition, all entities of
the Federal Government (except as otherwise indicated) will be required
to procure the services listed below from nonprofit agencies employing
persons who are blind or have other severe disabilities.
I certify that the following action will not have a significant
impact on a substantial number of small entities. The major factors
considered for this certification were:
1. The action will not result in any additional reporting,
recordkeeping or other compliance requirements for small entities other
than the small organizations that will furnish the services to the
Government.
2. The action does not appear to have a severe economic impact on
current contractors for the services.
3. The action will result in authorizing small entities to furnish
the services to the Government.
4. There are no known regulatory alternatives which would
accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48c) in connection with the services proposed for addition to the
Procurement List.
Comments on this certification are invited. Commenters should
identify the statement(s) underlying the certification on which they
are providing additional information.
It is proposed to add the following services to the Procurement
List for production by the nonprofit agency listed:
Services
Grounds Maintenance for the following U.S. Army Corps of Engineers
Reservations:
Bayou Boeuf Lock, Berwick Lock, East Calumet Floodgate, West
Calumet Floodgate, Charenton Floodgate
Morgan City Vicinity, Louisiana
Nonprofit Agency: Bayou Industrial Maintenance Services, Inc.,
Berwick, Louisiana
Janitorial/Grounds Maintenance
Child Development Center, U.S. Coast Guard Academy, New London,
Connecticut
Nonprofit Agency: Constructive Workshops, Inc., New Britain,
Connecticut
Repair and Distribution of Government-owned Shoe Lasts
Defense Personnel Support Center, Philadelphia, Pennsylvania
Nonprofit Agency: Cleveland Skilled Industries, Cleveland, Ohio
at its facility in Elyria, Ohio
Deletions
It is proposed to delete the following commodities from the
Procurement List:
Paper, Teletypewriter
7530-00-262-9178
7530-00-721-9691
7530-00-223-7969
Beverly L. Milkman,
Executive Director.
[FR Doc. 94-352 Filed 1-6-94; 8:45 am]
BILLING CODE 6820-33-P
Complete official Federal Register PDF
FR Doc. 94-351 Marine Mammals
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1001-1002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-351]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), NOAA, Commerce.
ACTION: Modification No. 3 to permit No. 628, Indianapolis Zoo (P409).
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that Permit No. 628, issued to the
Indianapolis Zoological Society, Inc., Indianapolis, Indiana, has been
modified.
ADDRESSES: Documents pertaining to the permit and modification are
available for review by appointment in the following offices:
Office of Protected Resources, NMFS, NOAA, 1315 East-West Highway, room
13130, Silver Spring, MD 20910 (301/713-2289);
Director, Northeast Region, NMFS, NOAA, One Blackburn Drive,
Gloucester, MA 01930 (508/281-9300); and
Director, Southeast Region, NMFS, NOAA, 9450 Koger Boulevard, St.
Petersburg, FL 33702 (813/893-3141).
SUPPLEMENTARY INFORMATION: Notice is hereby given that pursuant to the
provisions of Secs. 216.33 (d) and (e) of the Regulations Governing the
Taking and Importing of Marine Mammals (50 CFR part 216), Public
Display Permit No. 628, issued to the Indianapolis Zoological Society,
Inc., Indianapolis, Indiana 46222, on April 13, 1988 (53 FR 12801),
modified October 5, 1989 (54 FR 42321) and October 28, 1993 (58 FR
58686), is further modified as follows:
Section B.6, the first sentence is changed to read:
``6. The authority to acquire the Pseudorca crassidens authorized
herein shall extend from date of issuance through February 28, 1994.''
All other conditions currently contained in the permit remain in
effect.
This modification is effective on January 1, 1994.
Dated: December 30, 1993.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 94-351 Filed 1-6-94; 8:45 am]
BILLING CODE 3510-22-M
Complete official Federal Register PDF
FR Doc. 94-350 Marine Mammals
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-350]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration.
Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), NOAA, Commerce.
SUMMARY: Notice is hereby given that a request for modification of
Scientific Research Permit No. 810 submitted by the University of
Hawaii at Manoa, 96-043 Ala Ike, Pearl City, HI 96782, has been
granted.
ADDRESSES: The modification and related documents are available for
review upon written request or by appointment in the following
office(s): Office of Protected Resources, NMFS, NOAA, 1315 East-West
Hwy., Room 13130, Silver Spring, MD 20910 (301/713-2289); Coordinator,
Pacific Area Office, Southwest Region, NMFS, NOAA, 2570 Dole Street,
Honolulu, HI 96822-2396 (808/955-8831); and, Director, Southwest
Region, NMFS, NOAA, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA
90802-4213 (310/980-4016).
SUPPLEMENTARY INFORMATION: On November 18, 1993, notice was published
in the Federal Register (58 FR 60850) that a modification of Permit No.
810, issued January 12, 1993, had been requested by the above-named
organization . The requested modification has been granted under the
authority of the Marine Mammal Protection Act of 1972, as amended (16
U.S.C. 1361 et seq.), the provisions of sections 216.33 (d) and (e) of
the Regulations Governing the Taking and Importing of Marine Mammals
(50 CFR part 216), the Endangered Species Act (ESA) of 1973, as amended
(16 U.S.C. 1531 et seq.), and the provisions of Sec. 222.25 of the
regulations governing the taking, importing, and exporting of
endangered fish and wildlife (50 CFR part 222).
Permit No. 810 is modified to include Hawaiian monk seals (Monachus
schauinslandi) and several odontocete species indigenous to Hawaii.
Issuance of this Modification as required by the ESA of 1973 was
based on a finding that such Permit: (1) Was applied for in good faith;
(2) will not operate to the disadvantage of the endangered species
which is the subject of this permit; and (3) is consistent with the
purposes and policies set forth in Section 2 of the ESA.
Dated: December 28, 1993.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 94-350 Filed 1-6-94; 8:45 am]
BILLING CODE 3510-22-M
Complete official Federal Register PDF
FR Doc. 94-343 National Assessment Governing Board Meeting
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-343]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF EDUCATION
National Assessment Governing Board Meeting
AGENCY: National Assessment Governing Board; Education.
ACTION: Notice of Teleconference Meetings.
-----------------------------------------------------------------------
SUMMARY: This notice sets forth the schedule and proposed agenda of
forthcoming meetings of the Executive Committee of the National
Assessment Governing Board. This notice also describes the functions of
the Board. Notice of this meeting is required under section 10(a)(2) of
the Federal Advisory Committee Act. This document is intended to notify
the general public of their opportunity to attend.
Dates: January 25, 1994 and February 15, 1994.
Time: 11 a.m. (e.t.) to 1 p.m. (e.t.).
Location: National Assessment Governing Board, 800 North Capitol
Street, NW., suite 825, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mary Ann Wilmer, Operations Officer,
National Assessment Governing Board, suite 825, 800 North Capitol
Street, NW., Washington, DC 20002-4233, Telephone: (202) 357-6938.
SUPPLEMENTARY INFORMATION: The National Assessment Governing Board is
established under section 406(i) of the General Education Provisions
Act (GEPA) as amended by section 3403 of the National Assessment of
Educational Progress Improvement Act (NAEP Improvement Act), Title III-
C of the Augustus F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of 1988 (Pub. L. 100-297), (20
U.S.C. 1221e-1).
The Board is established to formulate policy guidelines for the
National Assessment of Educational Progress. The Board is responsible
for selecting subject areas to be assessed, developing assessment
objectives, identifying appropriate achievement goals for each grade
and subject tested, and establishing standards and procedures for
interstate and national comparisons.
The Executive Committee of the National Assessment Governing Board
will meet on January 25, 1994 from 11 a.m. until 1 p.m. and on February
15, 1994 from 11 a.m. until 1 p.m. Because these are teleconference
meetings, facilities will be provided so the public will have access to
the Committee's deliberations. There are two agenda items for the
meeting on January 25, 1994, (1) discussion of issues related to
reporting results of the Reading assessment, and (2) a briefing of the
NCES/NAGB joint conference on standard-setting.
The meeting scheduled for February 15, 1994 will be held from 11
a.m. to 1 p.m. The Committee will review and approve the agenda for the
March meeting of the Board.
Records are kept of all Board proceedings and are available for
public inspection at the U.S. Department of Education, National
Assessment Governing Board, suite 825, 800 North Capitol Street, NW.,
Washington, DC from 8:30 a.m. to 5 p.m.
Dated: January 5, 1994.
Roy Truby,
Executive Director, National Assessment Governing Board.
[FR Doc. 94-343 Filed 1-6-94; 8:45 am]
BILLING CODE 4000-01-M
Complete official Federal Register PDF
FR Doc. 94-342 Cameo Diagnostic Centre, Inc., Byproduct Material License No. 20- 27908-01; Establishment of Atomic Safety and Licensing Board
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-342]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 30-29567-CivP; ASLBP No. 94-686-01-CivP]
Cameo Diagnostic Centre, Inc., Byproduct Material License No. 20-
27908-01; Establishment of Atomic Safety and Licensing Board
Pursuant to delegation by the Commission dated December 29, 1992,
published in the Federal Register, 37 FR 28710 (1972), and sections
2.105, 2.700, 2.702, 2.714, 2.714a, 2.717 and 2.721 of the Commission's
Regulations, all as amended, an Atomic Safety and Licensing Board is
being established in the following proceeding:
Cameo Diagnostic Centre, Inc.
Byproduct Material License No. 20-27908-01
EA 93-005
This Board is being established pursuant to the request of the
Licensee for an enforcement hearing regarding an Order issued by the
Deputy Executive Director for Nuclear Materials Safety, Safeguards and
Operations Support, dated November 24, 1993, entitled ``Order Imposing
a Civil Monetary Penalty'' (58 FR 64341, December 6, 1993).
An order designating the time and place of any hearing will be
issued at a later date.
All correspondence, documents and other materials shall be filed in
accordance with 10 CFR 2.701. The Board is comprised of the following
Administrative Judges:
Judge Ivan W. Smith, Board Chairman, Atomic Safety and Licensing
Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC
20555
Judge Richard F. Cole, Board Member, Atomic Safety and Licensing
Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC
20555
Judge Charles N. Kelber, Board Member, Atomic Safety and Licensing
Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC
20555
Issued at Bethesda, Maryland, this 30th day of December, 1993.
B. Paul Cotter, Jr.,
Chief Administrative Judge, Atomic Safety and Licensing Board Panel.
[FR Doc. 94-342 Filed 1-6-94; 8:45 am]
BILLING CODE 7590-01-M
Complete official Federal Register PDF
FR Doc. 94-340 Wisconsin Public Service Corporation, Wisconsin Power and Light Company, Madison Gas and Electric Company, Kewaunee Nuclear Power Plant; Environmental Assessment and Finding of No Significant Impact
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1037-1038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-340]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-305]
Wisconsin Public Service Corporation, Wisconsin Power and Light
Company, Madison Gas and Electric Company, Kewaunee Nuclear Power
Plant; Environmental Assessment and Finding of No Significant Impact
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of a partial exemption from the requirements of 10
CFR part 50 appendix J, section III.D.1.(a) and an amendment to
Facility Operating License No. DPR-43 to Wisconsin Public Service
Corporation, Wisconsin Power and Light Company, and Madison Gas and
Electric Company (the licensees), for the Kewaunee Nuclear Power Plant
located in Kewaunee County, Wisconsin.
Environmental Assessment
Identification of Proposed Action
The proposed action would grant a partial exemption from the
requirements of section III.D.1.(a) of appendix J to 10 CFR part 50.
This section requires that a set of three Type A tests be performed at
approximately equal intervals during each 10-year service period and
that the third test of each set be conducted when the plant is shut
down for the 10-year plant inservice inspection (ISI). The licensees'
request is for an exemption from the requirement to perform the third
Type A test when the plant is shutdown for the 10-year plant ISI.
Additionally, the proposed action would amend the Facility Operating
License by removing the current Technical Specification requirement
that couples the performance of the Type A leakage tests to the 10-year
inservice inspection program requirements.
The proposed action is in accordance with the licensees' request
for exemption and application for amendment dated November 16, 1993.
The Need for the Proposed Action
The proposed exemption and license amendment is needed to avoid
unnecessary restraints in outage scheduling. The licensees propose to
perform the three Type A tests at approximately equal intervals within
each 10-year period, with the third test of each set conducted as close
as practical to the end of the 10-year period. However, there would be
no required connection between the Appendix J 10-year interval and the
inservice inspection (ISI) 10-year interval. The Type A tests and the
10-year ISI program are independent of each other and provide
assurances of different plant characteristics. The licensees perform
the ISI inspection requirements throughout the 10-year inspection
interval. As a result, there is no extended outage in which the 10-year
ISI examinations are performed. Consequently, the subject coupling
requirement offers no benefit either to safety or to economical
operation of the facility.
Environmental Impacts of the Proposed Action
The Commission's staff has determined that granting the proposed
exemption and license amendment would not significantly increase the
probability or amount of expected primary containment leakage and that
containment integrity would, thus, be maintained.
The only difference between the proposed requirements and the
current requirements of 10 CFR part 50 appendix J, section III.D.1.(a)
and the technical specifications would be that the third Type A test
for each 10-year service period would not necessarily be conducted when
the plant is shutdown for the 10-year plant inservice inspection. The
number of required Type A tests and the periodicity of these tests
would not be changed.
Alternative to the Proposed Action
As an alternative to the proposed action, the staff considered
denial of the proposed action. Denial of the application would result
in no change in current environmental impacts. The environmental
impacts of the proposed action and the alternative action are similar.
Alternative Use of Resources
This action does not involve the use of any resources not
previously considered in connection with the Nuclear Regulatory
Commission's Final Environmental Statement, dated December 1972,
related to the operation of the Kewaunee Nuclear Power Plant.
Agencies and Persons Consulted
The staff consulted with the State of Wisconsin regarding the
environmental impact of the proposed action. The state official had no
comment.
Finding of No Significant Impact
The Commission has determined not to prepare an environmental
impact statement for the proposed exemption and license amendment.
Based upon the foregoing environmental assessment, we conclude that the
proposed action will not have a significant effect on the quality of
the human environment.
For further details with respect to this action, see the request
for exemption and license amendment dated November 16, 1993, which is
available for public inspection at the Commission's Public Document
Room, 2120 L Street, NW., Washington DC and at the University of
Wisconsin Library Learning Center, 2420 Nicolet Drive, Green Bay,
Wisconsin 54301.
Dated at Rockville, Maryland, this 29th day of December 1993.
For the Nuclear Regulatory Commission.
John N. Hannon,
Director, Project Directorate III-3, Division of Reactor Projects III/
IV/V, Office of Nuclear Reactor Regulation.
[FR Doc. 94-340 Filed 1-6-94; 8:45 am]
BILLING CODE 7590-01-M
Complete official Federal Register PDF
FR Doc. 94-339 Vermont Yankee Nuclear Power Corporation; Vermont Yankee Nuclear Power Station; Issuance of Director's Decision Under 10 CFR 2.206
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-339]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271]
Vermont Yankee Nuclear Power Corporation; Vermont Yankee Nuclear
Power Station; Issuance of Director's Decision Under 10 CFR 2.206
Notice is hereby given that the Director, Office of Enforcement,
has taken action with regard to a Petition for action under 10 CFR
2.206 received from Messrs. Michael Daley and Jonathan M. Block, dated
September 1, 1993, on behalf of the New England Coalition on Nuclear
Pollution (Petitioner), regarding the Vermont Yankee Nuclear Power
Station.
The Petitioner requested that the NRC reconsider the August 2, 1993
civil penalty assessed against the Vermont Yankee Nuclear Power
Corporation for operating the Vermont Yankee Nuclear Power Station
outside Technical Specifications from October 15, 1992 to April 6,
1993.
The Petitioner requested reconsideration based on its view that:
(A) the seriousness of the event was greater than determined by the
NRC; (B) the licensee failed to adequately respond to a number of
questions posed by the NRC in the cover letter to the May 24, 1993
inspection report documenting the review of the issue; (C) the licensee
has consistently failed to heed and learn from industry experience and
practice, which in this case involved industry and NRC guidance on
materials used in scram solenoid pilot valves; and (D) the NRC failed
to effectively penalize the licensee in relation to the income
generated by plant operation during the period that the plant operated
in violation of the Technical Specifications.
The Director of the Office of Enforcement has reviewed the bases
for the Notice of Violation and civil penalty that was issued and found
the enforcement action to be proper. Therefore, the Petitioner's
request has been denied. The reasons for the denial are explained in
the ``Director's Decision Under 10 CFR 2.206'' (DD-93-23) which is
available for public inspection at the Nuclear Regulatory Commission's
Public Document Room, 2120 L Street, NW., Washington, DC 20555, and at
the Local Public Document Room for the Vermont Yankee Nuclear Power
Station, Brooks Memorial Library, 224 Main Street, Brattleboro, Vermont
05301.
A copy of this Decision will be filed with the Secretary of the
Commission for the Commission's review in accordance with 10 CFR
2.206(c) of the Commission's regulations. As provided by that
regulation, the Decision will constitute the final action of the
Commission 25 days after the date of issuance of the Decision unless
the Commission, on its own motion, institutes a review of the decision
within that time.
Dated at Rockville, Maryland, this 28th day of December 1993.
For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 94-339 Filed 1-6-94; 8:45 am]
BILLING CODE 7590-01-M
Complete official Federal Register PDF
FR Doc. 94-338 Carolina Power & Light Co., (H.B. Robinson Steam Electric Plant, Unit No. 2); Exemption
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1039-1040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-338]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-261]
Carolina Power & Light Co., (H.B. Robinson Steam Electric Plant,
Unit No. 2); Exemption
I
Carolina Power and Light Company (CP&L or the licensee) is the
holder of Facility Operating License No. DPR-23, which authorizes
operation of the H.B. Robinson Steam Electric Plant, Unit No. 2 (HBR),
at steady-state reactor power level not in excess of 2300 megawatts
thermal. The facility consists of one pressurized water reactor located
at the licensee's site in Darlington County, South Carolina. The
license provides, among other things, that it is subject to all rules,
regulations and Orders of the Nuclear Regulatory Commission (the
Commission or NRC) now or hereafter in effect.
II
Section 50.54(q) of 10 CFR part 50 requires a licensee authorized
to operate a nuclear power reactor to follow and maintain in effect
emergency plans that meet the standards of 10 CFR 50.47(b) and the
requirements of appendix E to 10 CFR part 50. Section IV.F.2 of
appendix E requires that each licensee annually exercise its emergency
plan. Section IV.F.3 of appendix E requires that each licensee shall
exercise with offsite authorities such that the State and local
emergency plans are exercised biennially.
The NRC may grant exemptions from the requirements of the
regulations which, pursuant to 10 CFR 50.12(a), are (1) authorized by
law, will not present an undue risk to the public health and safety,
and are consistent with the common defense and security; and (2)
present special circumstances. Special circumstances exist when the
exemption would result in benefit to the public health and safety that
compensates for any decrease in safety that may result from the
granting of the exemption (10 CFR 50.12(a)(2)(iv)). In addition,
special circumstances exist when the exemption would provide only
temporary relief from the applicable regulation and the licensee has
made good faith efforts to comply with the regulation (10 CFR
50.12(a)(2)(v)).
III
By letters dated November 21 and 22, 1993, the licensee requested
an exemption from the requirements of 10 CFR 50.47 and 10 CFR part 50,
appendix E, section F.2, to conduct an annual exercise of the Emergency
Plan in 1993. The licensee had planned to conduct a full-participation
exercise involving the licensee's onsite response organization, the
State of South Carolina and local response organizations on November
30, 1993. The licensee requested that an exemption be granted for the
conduct of the onsite portion of the exercise because the licensee
would not have sufficient staff to exercise in a meaningful way the HBR
Emergency Plan due to resource constraints caused by an unscheduled
outage to investigate and address core design issues. This proposed
delay will prevent HBR from meeting the requirement to conduct an
annual exercise of the HBR Emergency Plan. However, the licensee
proposes that the offsite portion of the exercise involving the State
of South Carolina and local governmental authorities be conducted as
scheduled on November 30, 1993.
The licensee states that the granting of a delay in the
implementation of the 1993 exercise for the onsite portion of the HBR
Emergency Plan would allow management to focus on the safety issues
identified during startup after refueling outage 15. The HBR plant was
proceeding to full power operation after a refueling outage when low
power physics testing revealed an improper configuration emanating from
the design of the new fuel. The new fuel consisted of 44 fuel
assemblies, 6 of which were found to be configured improperly against
design specifications. As a result, the NRC dispatched an Augmented
Inspection Team to the HBR site and the licensee formed three
investigative teams. All of these efforts currently divert focus and
resources to develop corrective actions for core reconfiguration and to
investigate and resolve any industry implications of fuel configuration
problems.
The previous emergency preparedness exercise at HBR was
successfully conducted on November 17, 1992, and included the partial
participation of State and local agencies for notifications and
communications only. The licensee had scheduled, planned, and
coordinated the 1993 exercise with participating Federal, State, and
local agencies for November 30, 1993. The scope and objectives, and the
final scenario documentation for the November 1993 exercise were
submitted to the NRC on September 13, 1993, and October 14, 1993,
respectively, which is within the time frame established for their
submittal in support of a November 1993 exercise. In addition, the
licensee states that a training exercise with the State of South
Carolina and local governmental agencies was conducted on November 16,
1993, which activated all emergency facilities and included
participation from all major responder groups.
The schedule for future exercises will not be affected by this
exemption. CP&L has stated it will conduct the previously scheduled
1994 exercise the week of November 15, 1994, as planned. Thus, the
requested exemption would provide only temporary relief from the
requirement to conduct an annual exercise and the licensee has made a
good faith effort to comply with the regulation.
The November 30, 1993, exercise was conducted and evaluated by the
Federal Emergency Management Agency (FEMA) as planned and included full
participation by the State of South Carolina and the surrounding
counties in the Plume Exposure Emergency Planning Zone. The exercise
was fully supported by onsite exercise controllers such that no
detection of simulation was apparent to the offsite participants. FEMA
had concurred in this concept. The licensee stated that the State of
South Carolina would support the delayed onsite exercise.
The most recent NRC Systematic Assessment of Licensee Performance
(SALP) report for HBR, issued on September 8, 1992, for the period
March 31, 1991, through June 27, 1992, indicated that adequate
management support for the emergency preparedness program was evident
during the period, as the licensee continued to maintain in a state of
basic readiness the emergency preparedness elements needed to implement
the emergency in response to emergency events. The licensee has been
rated as Category 2 (Improving) in the functional area of emergency
preparedness. Additionally, the May 14, 1993, inspection report (50-
261/93-09) of the H. B. Robinson Emergency Preparedness Program,
conducted April 12-16, 1993, indicates the emergency preparedness
strengths were management's commitment to improving the site's
emergency preparedness program and the licensee's annual emergency
preparedness audit. It was determined that the licensee's emergency
preparedness program and response capability were being maintained in
an adequate state of operational readiness.
IV
Based upon a review of the licensee's request for an exemption from
the requirement to conduct an exercise of the HBR Emergency Plan in
1993, the NRC staff finds that there will be a benefit to the public
health and safety which compensates for any decrease in safety that may
result from the rescheduling of the November 30, 1993, exercise to the
week of March 21, 1994. By not conducting the exercise at this time,
HBR will be able to concentrate its effort in the investigation and
analysis of the core design issue. The adequate response capability
demonstrated by the licensee during the 1992 emergency preparedness
exercise, the activities in preparation for the 1993 exercise,
including the comprehensive training exercise conducted with offsite
authorities on November 16, 1993, and the readiness of the licensee's
emergency preparedness program as reflected in its SALP rating and the
most recent inspection report, provide assurance that the resources and
personnel necessary for proper emergency response are in place to
respond to a nuclear emergency at the HBR site. Thus, not conducting an
exercise in 1993 would be offset by allowing the licensee to focus its
attention on the investigation and core design issues and the requested
exemption from the requirement in 10 CFR Part 50, Appendix E, Section
IV.F, to defer the performance of an exercise of the HBR Emergency Plan
until the week of March 21, 1994, will not adversely affect the overall
state of emergency preparedness at the HBR site.
The Commission has determined that, pursuant to 10 CFR 50.12, the
exemption requested by the licensee's letters dated November 21 and 22,
1993, as discussed above, is authorized by law and will not endanger
life or property and are otherwise in the public interest. Furthermore,
the Commission has determined, pursuant to 10 CFR 50.12(a), that
special circumstances as set forth in 10 CFR 50.12(a)(2)(iv) and (v)
are present and applicable in that the benefit to the public health and
safety compensates for any decrease in safety that may result from this
exemption, and this exemption will provide only temporary relief from
the applicable regulation and the licensee has made good faith efforts
to comply with the regulations.
The Commission hereby grants an exemption from the schedular
requirements of 10 CFR Part 50, Appendix E, Section IV.F.2., for an
extension of the onsite portion of the required biennial exercise of
the HBR2 Emergency Plan from November 30, 1993, until week of March 21,
1994.
Pursuant to 10 CFR 51.32, the Commission has determined that
granting this exemption will have no significant impact on the
environment.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 30th day of December 1993.
For the Nuclear Regulatory Commission.
Gus C. Lainas,
Acting Director, Division of Reactor Projects--I/II, Office of Nuclear
Reactor Regulation.
[FR Doc. 94-338 Filed 1-6-94; 8:45 am]
BILLING CODE 7590-01-M
Complete official Federal Register PDF
FR Doc. 94-337 Entergy Operations, Inc., South Mississippi Electric Power Assoc., Mississippi Power and Light Co., Grand Gulf Nuclear Station, Unit 1; Environmental Assessment and Finding of No Significant Impact
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1038-1039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-337]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-416]
Entergy Operations, Inc., South Mississippi Electric Power
Assoc., Mississippi Power and Light Co., Grand Gulf Nuclear Station,
Unit 1; Environmental Assessment and Finding of No Significant Impact
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License No.
NPF-29, issued to the Entergy Operations, Inc. (the licensee), for
operation of the Grand Gulf Nuclear Station (GGNS), located in
Clairborne County, Mississippi.
Environmental Assessment
Identification of Proposed Action
The proposed amendment would consist of revisions to 10 CFR part 20
references to recognize the new section numbers, revise definitions to
ensure consistency with 10 CFR part 20, and change administrative
controls for reporting and recordkeeping to maintain compliance with
the new part 20. The changes would revise the limitations on
concentrations of radioactive material released in liquid effluents and
the limitations on the dose rate resulting from radioactive material
released in gaseous effluents and reflect the relocation of the prior
10 CFR 20.106 requirements to the new 10 CFR 20.1302. These changes are
in response to the licensee's application for amendment dated August
11, 1993, implementing the 10 CFR part 20.
The Need for the Proposed Action
The proposed action is needed in order to retain operational
flexibility consistent with 10 CFR part 50, appendix I, concurrent with
the implementation of the revised 10 CFR part 20.
Environmental Impacts of the Proposed Action
The proposed revision, in regards to the actual release rates as
referenced in the Technical Specifications (TSs) as a dose rate to the
maximally exposed member of the public, will not increase the types or
amounts of effluents that may be released offsite, nor increase
individual or cumulative occupational radiation exposures. Therefore,
the Commission concludes that there are no significant radiological
environmental impacts associated with the proposed amendment.
With regard to potential nonradiological impacts, the proposed
changes do not affect nonradiological effluents and have no other
environmental impact. Therefore, the Commission concludes that there
are no significant nonradiological environmental impacts associated
with the proposed amendment.
Alternatives to the Proposed Action
Since the Commission concluded that there are no significant
environmental impacts associated with the proposed amendment to the
TSs, any alternative to the amendment either will have no significantly
different environmental impact or will have greater environmental
impact. The principal alternative would be to deny the requested
amendment. This would not reduce environmental impacts as a result of
plant operation.
Alternative Use of Resources
This action does not involve the use of resources not previously
considered in the Final Environmental Statement related to the
operation of the Grand Gulf Nuclear Station, dated September 1981.
Agencies and Persons Consulted
The Commission's staff reviewed the licensee's request and did not
consult other agencies or persons.
Finding of No Significant Impact
Based upon the foregoing environmental assessment, we conclude that
the proposed action will not have a significant effect on the quality
of the human environment. Accordingly, the Commission has determined
not to prepare an environmental impact statement for the proposed
license amendment.
For further details with respect to this action, see the
application for amendment dated August 11, 1993, which is available for
public inspection at the Commission's Public Document Room, 2120 L
Street NW., Washington, DC, and at the Judge George W. Armstrong
Library, Post Office Box 1406, S. Commerce at Washington, Natchez,
Mississippi 39120.
Dated at Rockville, Maryland, this 3rd day of January, 1994.
For the Nuclear Regulatory Commission.
David L. Wigginton,
Acting Director, Project Directorate IV-3, Division of Reactor
Projects--III/IV/V, Office of Nuclear Reactor Regulation.
[FR Doc. 94-337 Filed 1-6-94; 8:45 am]
BILLING CODE 7590-01-M
Complete official Federal Register PDF
FR Doc. 94-336 Health Maintenance Organizations: Qualification Determinations and Compliance Actions During the Period July 1, 1993, through September 30, 1993
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1020-1021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-336]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
[OPHC-030-N]
Health Maintenance Organizations: Qualification Determinations
and Compliance Actions During the Period July 1, 1993, through
September 30, 1993
AGENCY: Health Care Financing Administration (HCFA), HHS.
ACTION: Notice.
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SUMMARY: This notice sets forth the names, addresses, service areas or
modified service areas, and dates of qualification or expansion of
entities determined to be Federally qualified health maintenance
organizations (FQHMOs) during the period July 1, 1993 through September
30, 1993. Additionally, this notice sets forth compliance actions taken
by the Office of Prepaid Health Care Operations and Oversight for the
period July 1, 1993 through September 30, 1993. This notice is being
published in accordance with our regulations at 42 CFR 417.144 and
417.163, which require publication in the Federal Register of certain
determinations relating to FQHMOs.
FOR FURTHER INFORMATION CONTACT:
Christine Boesz (202) 619-0840.
SUPPLEMENTARY INFORMATION:
A. Qualification Determinations
As part of our evaluation and determination of whether an entity
qualifies as a Federally qualified health maintenance organization
(FQHMO), our regulations set forth at 42 CFR 417.144(e), promulgated
under title XIII of the Public Health Service Act (the Act) (42 U.S.C.
300e), require publication in the Federal Register of the names,
addresses and descriptions of the service areas of new FQHMOs. We
interpret this requirement as applying to revisions of service areas of
currently approved FQHMOs, as well. Our last notice containing this
information was published on October 5, 1993 (58 FR 51833).
There are three categories of FQHMOs: operational, transitionally
qualified, and preoperational. Definitions of these terms are set forth
at 42 CFR 417.141.
The Office of Prepaid Health Care Operations and Oversight has
determined that the following entities are operational FQHMOs under
section 1310(d) of the Act (42 U.S.C. 300e-9(d)) or have expanded their
previously qualified service areas:
Expansions and Additions of Service Area Regional Components by
Existing FQHMOs
1. FHP, Inc. (Arizona) (Group Model, Requirements are set forth at
section 1310(b)(1) of the Act), P.O. Box 52078, Phoenix, Arizona 85072-
2078. FHP's Federally qualified service area has been expanded to
include the following counties: Maricopa, Pima, Pinal.
Date of qualification for service area expansion: July 27, 1993.
2. National Med, Inc. (NM) (Group Model; Requirements are set forth
at section 1310(b)(1) of the Act), 1005 West Orangebury, suite B,
Modesto, CA 95350. NM's Federally qualified service area has been
expanded to include--
a. Stanislaus County.
b. The following zip codes in portions of Merced and San Joaquin
counties:
Merced
San Joaquin
Date of qualification for service area expansion: August 27, 1993.
3. PacifiCare (Group Model; Requirements are set forth at section
1310(b)(1) of the Act), 4000 Civic Center Dr., suite 201, San Rafael,
CA 94903-4133. PacifiCare's Federally qualified service area has been
expanded to include--
a. The following counties: Alameda, Contra Costa, Sacramento, San
Francisco.
b. The following zip codes in Santa Clara County:
Santa Clara
95002 95008 95009 95013 95014 95015 95016 95020 95021 95026 95030 95031
95032 95035 95036 95037 95038 95042 95044 95046 95050 95051 95052 95054
95055 95056 95070 95071 95100 95101 95102 95103 95106 95108 95109 95110
95111 95112 95113 95114 95115 95116 95117 95118 95119 95120 95121 95122
95123 95124 95125 95126 95127 95128 95129 95130 95131 95132 95133 95134
95135 95136 95137 95138 95139 95140 95141 95142 95148 95150 95151 95152
95153 95154 95155 95156 95157 95158 95159 95160 95161 95164 95170 95171
95172 95173
Date of qualification for service area expansion: September 15,
1993.
B. Compliance Actions
The Office of Prepaid Health Care Operations and Oversight gives
notice of the following compliance actions affecting FQHMOs for the
period July 1, 1993, through September 30, 1993:
1. Notice of Reestablished Compliance:
------------------------------------------------------------------------
Date
Organization reestablished
------------------------------------------------------------------------
Kaiser Foundation Health Plan of Georgia, Inc., Atlanta,
GA...................................................... 9/2/93
------------------------------------------------------------------------
C. Availability of Additional Information
A cumulative list of FQHMOs and additional information may be
obtained by writing to the following address: Office of Prepaid Health
Care Operations and Oversight, Health Care Financing Administration,
Room 4406 Cohen Building, 330 Independence Avenue, SW., Washington, DC
20201.
The list also may be obtained by visiting that office between the
hours of 8:30 a.m. and 4:30 p.m. Monday through Friday, except for
Federal holidays. Interested persons may contact Margie Sharif for an
appointment by telephoning (202) 619-0845.
Authority: Title XIII of the Public Health Service Act (42
U.S.C. 300e).
Dated: December 29, 1993.
Bruce C. Vladeck,
Administrator, Health Care Financing Administration.
[FR Doc. 94-336 Filed 1-6-94; 8:45 am]
BILLING CODE 4120-01-P-M
Complete official Federal Register PDF
FR Doc. 94-335 Medicare Program; Request for Nominations for Members for the Practicing Physicians Advisory Council
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1020-1021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-335]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Care Financing Administration
[OPA-009-N]
Medicare Program; Request for Nominations for Members for the
Practicing Physicians Advisory Council
AGENCY: Health Care Financing Administration (HCFA), HHS.
ACTION: Notice.
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SUMMARY: In accordance with section 1868(a) of the Social Security Act,
this notice requests nominations from medical organizations
representing physicians for individuals to serve on the Practicing
Physicians Advisory Council. Four vacancies will occur on February 28,
1994.
DATES: Nominations from medical organizations will be considered if we
receive them at the appropriate address, as provided below, no later
than 5 p.m. on February 7, 1994.
ADDRESSES: You may mail or deliver nominations for membership to the
following address: Health Care Financing Administration, Office of the
Administrator, Attention: Martha DiSario, room 314-G, Hubert H.
Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201.
FOR FURTHER INFORMATION CONTACT:Martha DiSario, Executive Director,
Practicing Physicians Advisory Council, (202) 690-7874.
SUPPLEMENTARY INFORMATION: Section 4112 of the Omnibus Budget
Reconciliation Act of 1990 (OBRA '90) (Pub. L. 101-508), enacted on
November 5, 1990, added a new section 1868 to the Social Security Act
(the Act), which established the Practicing Physicians Advisory Council
(the Council). The Council advises the Secretary of the Department of
Health and Human Services (the Secretary) on proposed regulations and
manual issuances related to physicians' services. An advisory committee
created by the Congress, such as this one, is subject to the provisions
of the Federal Advisory Committee Act (5 U.S.C. App. 2), and, since
this committee advises the Secretary, it is also subject to our
regulations in 45 CFR part 11--Committee Management.
Section 1868(a) of the Act provides that the Council must consist
of 15 physicians, each of whom must have submitted at least 250 claims
for physicians' services under Medicare in the previous year. At least
11 Council members must be physicians as defined in section 1861(r)(1)
of the Act, that is, State-licensed physicians of medicine or
osteopathy. The other four Council members may include dentists,
podiatrists, optometrists, and chiropractors. The Council must include
both participating and nonparticipating physicians, and physicians
practicing in rural and underserved urban areas.
In addition, section 1868(a) of the Act provides that nominations
to the Secretary for Council membership must be made by medical
organizations representing physicians. This is an invitation to all
medical organizations representing physicians to submit nominees for
membership on the Council. Current members whose terms expire in 1994
will be considered for reappointment. Final selection from among
qualified candidates for each vacancy will be determined by the
expertise required to meet specific agency needs and in a manner to
ensure appropriate balance of membership. From these nominations, the
Secretary will appoint the members of the Council. Each nomination must
state that the nominee has expressed a willingness to serve as a
Council member and has provided a short resume or description of the
nominee's experience. To permit evaluation of possible sources of
conflict of interest, potential candidates will be asked to provide
detailed information concerning financial holdings, consultant
positions, research grants, and contracts.
Section 1868(b) of the Act provides that the Council meet once each
calendar quarter, as requested by the Secretary, to discuss proposed
changes in regulations and manual issuances that relate to physicians'
services.
Section 1868(c) of the Act provides for payment of expenses and a
per diem allowance for Council members at a rate equal to payment
provided to members of other advisory committees. In addition to making
these payments, the Department of Health and Human Services provides
management and support services to the Council.
(Section 1868 of the Social Security Act (42 U.S.C. 1395ee); 5
U.S.C. App. 2; and 45 CFR part 11)
(Catalog of Federal Domestic Assistance Program No. 93.774,
Medicare--Supplementary Medical Insurance Program.)
Dated: December 20, 1993.
Bruce C. Vladeck,
Administrator, Health Care Financing Administration.
[FR Doc. 94-335 Filed 1-6-94; 8:45 am]
BILLING CODE 4120-01-P-M
Complete official Federal Register PDF
FR Doc. 94-333 Commerce in Explosives; List of Explosive Materials
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1056-1057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-333]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
[Notice No. 786]
Commerce in Explosives; List of Explosive Materials
Pursuant to the provisions of section 841(d) of title 18, United
States Code, and 27 CFR 55.23, the Director, Bureau of Alcohol,
Tobacco, and Firearms, must publish and revise at least annually in the
Federal Register a list of explosives determined to be within the
coverage of 18 U.S.C. chapter 40, Importation, Manufacture,
Distribution and Storage of Explosive Materials. This chapter covers
not only explosives, but also blasting agents and detonators, all of
which are defined as explosive materials in section 841(c) of title 18,
United States Code. Accordingly, the following is the 1994 List of
Explosive Materials subject to regulation under 18 U.S.C. Chapter 40,
which includes both the list of explosives (including detonators)
required to be published in the Federal Register and blasting agents.
The list is intended to also include any and all mixtures containing
any of the materials in the list. Materials constituting blasting
agents are marked by an asterisk. While the list is comprehensive, it
is not all inclusive. The fact that an explosive material may not be on
the list does not mean that it is not within the coverage of the law if
it otherwise meets the statutory definitions in section 841 of Title
18, United States Code. Explosive materials are listed alphabetically
by their common names followed by chemical names and synonyms in
brackets. This revised list supersedes the List of Explosive Materials
dated January 15, 1993, (58 FR 4736) and will be effective as of the
date of publication in the Federal Register.
List of Explosive Materials
A
Acetylides of heavy metals.
Aluminum containing polymeric propellant.
Aluminum ophorite explosive.
Amatex.
Amatol.
Ammonal.
Ammonium nitrate explosive mixtures (cap sensitive).
*Ammonium nitrate explosive mixtures (non cap sensitive).
Aromatic nitro-compound explosive mixtures.
Ammonium perchlorate explosive mixtures.
Ammonium perchlorate composite propellant.
Ammonium picrate [picrate of ammonia, Explosive D].
Ammonium salt lattice with isomorphously substituted inorganic
salts.
*ANFO [ammonium nitrate-fuel oil].
B
Baratol.
Baronol.
BEAF [1,2-bis (2,2-difluoro-2-nitroacetoxyethane)].
Black powder.
Black powder based explosive mixtures.
*Blasting agents, nitro-carbo-nitrates, including non cap sensitive
slurry and water-gel explosives.
Blasting caps.
Blasting gelatin.
Blasting powder.
BTNEC [bis (trinitroethyl) carbonate].
Bulk salutes.
BTNEN [bis (trinitroethyl) nitramine].
BTTN [1,2,4 butanetriol trinitrate].
Butyl tetryl.
C
Calcium nitrate explosive mixture.
Cellulose hexanitrate explosive mixture.
Chlorate explosive mixtures.
Composition A and variations.
Composition B and variations.
Composition C and variations.
Copper acetylide.
Cyanuric triazide.
Cyclotrimethylenetrinitramine [RDX].
Cyclotetramethylenetetranitramine [HMX].
Cyclonite [RDX].
Cyclotol.
D
DATB [diaminotrinitrobenzene].
DDNP [diazodinitrophenol].
DEGDN [diethyleneglycol dinitrate].
Detonating cord.
Detonators.
Dimethylol dimethyl methane dinitrate composition.
Dinitroethyleneurea.
Dinitroglycerine [glycerol dinitrate].
Dinitrophenol.
Dinitrophenolates.
Dinitrophenyl hydrazine.
Dinitroresorcinol.
Dinitrotoluene-sodium nitrate explosive mixtures.
DIPAM.
Dipicryl sulfone.
Dipicrylamine.
Display fireworks.
DNDP [dinitropentano nitrile].
DNPA [2,2-dinitropropyl acrylate].
Dynamite.
E
EDDN [ethylene diamine dinitrate].
EDNA.
Ednatol.
EDNP [ethyl 4,4-dinitropentanoate].
Erythritol tetranitrate explosives.
Esters of nitro-substituted alcohols.
EGDN [ethylene glycol dinitrate].
Ethyl-tetryl.
Explosive conitrates.
Explosive gelatins.
Explosive mixtures containing oxygen releasing inorganic salts and
hydrocarbons.
Explosive mixtures containing oxygen releasing inorganic salts and
nitro bodies.
Explosive mixtures containing oxygen releasing inorganic salts and
water insoluble fuels.
Explosive mixtures containing oxygen releasing inorganic salts and
water soluble fuels.
Explosive mixtures containing sensitized nitromethane.
Explosive mixtures containing tetranitromethane (nitroform).
Explosive nitro compounds of aromatic hydrocarbons.
Explosive organic nitrate mixtures.
Explosive liquids.
Explosive powders.
F
Flash powder.
Fulminate of mercury.
Fulminate of silver.
Fulminating gold.
Fulminating mercury.
Fulminating platinum.
Fulminating silver.
G
Gelatinized nitrocellulose.
Gem-dinitro aliphatic explosive mixtures.
Guanyl nitrosamino guanyl tetrazene.
Guanyl nitrosamino guanylidene hydrazine.
H
Hexogene or octogene and a nitrated N-methylaniline.
Hexolites.
HMX [cyclo-l,3,5,7-tetramethylene-2,4,6,8-tetranitramine; Octogen].
Hydrazinium nitrate/hydrazine/aluminum explosive system.
Hydrazoic acid.
I
Igniter cord.
Igniters.
Initiating tube systems.
K
KDNBF [potassium dinitrobenzo-furoxane].
L
Lead azide.
Lead mannite.
Lead mononitroresorcinate.
Lead picrate.
Lead salts, explosive.
Lead styphnate [styphnate of lead, lead trinitroresorcinate].
Liquid nitrated polyol and trimethylolethane.
Liquid oxygen explosives.
M
Magnesium ophorite explosives.
Mannitol hexanitrate.
MDNP [methyl 4,4-dinitropentanoate].
MEAN [monoethanolamine nitrate].
Mercuric fulminate.
Mercury oxalate.
Mercury tartrate.
Metriol trinitrate.
Minol-2 [40% TNT, 40% ammonium nitrate, 20% aluminum].
MMAN [monomethylamine nitrate]; methylamine nitrate.
Mononitrotoluene-nitroglycerin mixture.
Monopropellants.
N
NIBTN [nitroisobutametriol trinitrate].
Nitrate sensitized with gelled nitroparaffin.
Nitrated carbohydrate explosive.
Nitrated glucoside explosive.
Nitrated polyhydric alcohol explosives.
Nitrates of soda explosive mixtures.
Nitric acid and a nitro aromatic compound explosive.
Nitric acid and carboxylic fuel explosive.
Nitric acid explosive mixtures.
Nitro aromatic explosive mixtures.
Nitro compounds of furane explosive mixtures.
Nitrocellulose explosive.
Nitroderivative of urea explosive mixture.
Nitrogelatin explosive.
Nitrogen trichloride.
Nitrogen tri-iodide.
Nitroglycerine [NG, RNG, nitro, glyceryl trinitrate,
trinitroglycerine].
Nitroglycide.
Nitroglycol (ethylene glycol dinitrate, EGDN)
Nitroguanidine explosives.
Nitroparaffins Explosive Grade and ammonium nitrate mixtures.
Nitronium perchlorate propellant mixtures.
Nitrostarch.
Nitro-substituted carboxylic acids.
Nitrourea.
O
Octogen [HMX].
Octol [75% HMX, 25% TNT].
Organic amine nitrates.
Organic nitramines.
P
PBX [RDX and plasticizer].
Pellet powder.
Penthrinite composition.
Pentolite.
Perchlorate explosive mixtures.
Peroxide based explosive mixtures.
PETN [nitropentaerythrite, pentaerythrite tetranitrate,
pentaerythritol tetranitrate].
Picramic acid and its salts.
Picramide.
Picrate of potassium explosive mixtures.
Picratol.
Picric acid (manufactured as an explosive).
Picryl chloride.
Picryl fluoride.
PLX [95% nitromethane, 5% ethylenediamine].
Polynitro aliphatic compounds.
Polyolpolynitrate-nitrocellulose explosive gels.
Potassium chlorate and lead sulfocyanate explosive.
Potassium nitrate explosive mixtures.
Potassium nitroaminotetrazole.
Pyrotechnic compositions.
PYX (2,6-bis(picrylamino))-3,5-dinitropyridine.
R
RDX [cyclonite, hexogen, T4, cyclo-l,3,5,- trimethylene-2,4,6,-
trinitramine; hexahydro-l,3,5-trinitro-S-triazine].
S
Safety fuse.
Salutes, (bulk).
Salts of organic amino sulfonic acid explosive mixture.
Silver acetylide.
Silver azide.
Silver fulminate.
Silver oxalate explosive mixtures.
Silver styphnate.
Silver tartrate explosive mixtures.
Silver tetrazene.
Slurried explosive mixtures of water, inorganic oxidizing salt,
gelling agent, fuel and sensitizer (cap sensitive).
Smokeless powder.
Sodatol.
Sodium amatol.
Sodium azide explosive mixture.
Sodium dinitro-ortho-cresolate.
Sodium nitrate-potassium nitrate explosive mixture.
Sodium picramate.
Special fireworks.
Squibs.
Styphnic acid explosives.
T
Tacot [tetranitro-2,3,5,6-dibenzo-l,3a,4,6a tetrazapentalene].
TATB [triaminotrinitrobenzene].
TEGDN [triethylene glycol dinitrate].
Tetrazene [tetracene, tetrazine, l(5-tetrazolyl)-4-guanyl tetrazene
hydrate].
Tetranitrocarbazole.
Tetryl [2,4,6 tetranitro-N-methylaniline].
Tetrytol.
Thickened inorganic oxidizer salt slurried explosive mixture.
TMETN (trimethylolethane trinitrate).
TNEF [trinitroethyl formal].
TNEOC [trinitroethylorthocarbonate].
TNEOF [trinitroethylorthoformate].
TNT [trinitrotoluene, trotyl, trilite, triton].
Torpex.
Tridite.
Trimethylol ethyl methane trinitrate composition.
Trimethylolthane trinitrate-nitrocellulose.
Trimonite.
Trinitroanisole.
Trinitrobenzene.
Trinitrobenzoic acid.
Trinitrocresol.
Trinitro-meta-cresol.
Trinitronaphthalene.
Trinitrophenetol.
Trinitrophloroglucinol.
Trinitroresorcinol.
Tritonal.
U
Urea nitrate.
W
Water bearing explosives having salts of oxidizing acids and
nitrogen bases, sulfates, or sulfamates (cap sensitive).
Water-in-oil emulsion explosive compositions.
X
Xanthamonas hydrophilic colloid explosive mixture.
FOR FURTHER INFORMATION CONTACT: Linda Deel, Specialist, Firearms and
Explosives Operations Branch, Bureau of Alcohol, Tobacco and Firearms,
650 Massachusetts Avenue, NW, Washington, DC 20226 (202-927-8310).
Approved: December 30, 1993.
Daniel R. Black,
Acting Director.
[FR Doc. 94-333 Filed 1-6-94; 8:45 am]
BILLING CODE 4810-31-P
Complete official Federal Register PDF
FR Doc. 94-332 Petitions for Reconsideration and Clarification of Actions in Rulemaking Proceedings
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-332]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
[Report No. 1993]
Petitions for Reconsideration and Clarification of Actions in
Rulemaking Proceedings
January 3, 1994.
The petition for reconsideration published on December 28, 1993, 58
FR 68649, is withdrawn because of an incorrect subject matter and is
replaced with the following:
Petitions for reconsideration and clarification have been filed in
the Commission rulemaking proceedings listed in this Public Notice and
published pursuant to 47 CFR 1.429(e). The full text of these documents
are available for viewing and copying in room 239, 1919 M Street, NW.,
Washington, DC or may be purchased from the Commission's copy
contractor ITS, Inc. (202)857-3800. Opposition to these petitions must
be filed January 24, 1994. See Sec. 1.4(b)(1) of the Commission's rules
(47 CFR 1.4(b)(1)). Replies to an opposition must be filed within 10
days after the time for filing oppositions has expired.
Subject: Simplification of the Depreciation Prescription Process
(CC Docket No. 92-296).
Petitons for Reconsideration: Number of Petitions Filed: 10.
Federal Communications Commission.
LaVera F. Marshall,
Acting Secretary.
[FR Doc. 94-332 Filed 1-6-94; 8:45 am]
BILLING CODE 6712-01-M
Complete official Federal Register PDF
FR Doc. 94-330 NASA Advisory Council (NAC), Aeronautics Advisory Committee (AAC); Meeting on Aerodynamics
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-330]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice 94-001]
NASA Advisory Council (NAC), Aeronautics Advisory Committee
(AAC); Meeting on Aerodynamics
AGENCY: National Aeronautics and Space Administration.
ACTION: Notice of meeting.
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SUMMARY: In accordance with the Federal Advisory Committee Act, Public
Law 92-463, as amended, the National Aeronautics and Space
Administration announces a NAC, Aeronautics Advisory Committee meeting
on aerodynamics.
DATES: January 24, 1994, 8:15 a.m. to 5:30 p.m.; January 25, 1994, 8:15
a.m. to 5:30 p.m.; and January 26, 1994, 8:15 a.m. to 11:45 a.m.
ADDRESSES: National Aeronautics and Space Administration, Ames Research
Center, Building 258, room 221, Moffett Field, CA 94035.
FOR FURTHER INFORMATION CONTACT:
Dr. F. Ron Bailey, National Aeronautics and Space Administration, Ames
Research Center, Moffett Field, CA 94035, 415/604-5065.
SUPPLEMENTARY INFORMATION: The meeting will be open to the public up to
the seating capacity of the room. The agenda for the meeting is as
follows:
--Aeronautics Program Update
--Aerodynamics Program Review
--Aeronautics Thrust Reviews
Dated: January 3, 1994.
Timothy M. Sullivan,
Advisory Committee Management Officer.
[FR Doc. 94-330 Filed 1-6-94; 8:45 am]
BILLING CODE 7510-01-M
Complete official Federal Register PDF
FR Doc. 94-329 Native American Graves Protection and Repatriation Review Committee; Meeting
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1025-1026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-329]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF THE INTERIOR
Native American Graves Protection and Repatriation Review
Committee; Meeting
AGENCY: National Park Service, Department of the Interior.
ACTION: Notice of meeting of the Native American Graves Protection and
Repatriation Review Committee.
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Notice is hereby given in accordance with the Federal Advisory
Committee Act (FACA), 5 U.S.C. appendix (1988), that a meeting of the
Native American Graves Protection and Repatriation Act Review Committee
will be held on January 23, 24, and 25, 1994, in Phoenix, AZ.
The Committee will meet on Sunday, January 23, and Monday, January
24, at the Heard Museum, 22 East Monte Vista Road, Phoenix. The
Committee will meet on Tuesday, January 25, in the multi-purpose room
at the Salt River Pima-Maricopa Recreation Center, 10000 East McDowell
Road, Scottsdale. Meetings will begin each day at 8:30 a.m. and
conclude not later than 5 p.m.
The Native American Graves Protection and Repatriation Act Review
Committee was established by Public Law 101-601 to monitor, review, and
assist in implementation of the inventory and identification process
and repatriation activities required under the statute.
The matters to be discussed at this meeting include development of
regulations implementing the statute, particularly sections reserved
for civil penalties, a sample inventory, and sample memoranda of
understanding regarding repatriation and intentional excavation. The
Committee also is soliciting recommendations from members of the public
regarding the disposition of culturally identifiable human remains in
museum or Federal collections, the disposition of unclaimed human
remains and cultural items from Federal or tribal lands, and the future
applicability of the statute.
The meeting will be open to the public. However, facilities and
space for accommodating members of the public are limited. Persons will
be accommodated on a first-come, first-served basis. Any member of the
public may file a written statement concerning the matters to be
discussed with Dr. Francis P. McManamon, Departmental Consulting
Archeologist.
Persons wishing further information concerning this meeting, or who
wish to submit written statements may contact Dr. Francis P. McManamon,
Departmental Consulting Archeologist, Archeological Assistance
Division, National Park Service, P.O. Box 37127-suite 210, Washington,
DC 20013-7127, Telephone (202) 343-4101. Draft summary minutes of the
meeting will be available for public inspection about eight weeks after
the meeting at the office of the Departmental Consulting Archeologist,
room 210, 800 North Capital Street, Washington, DC.
Dated: December 22, 1993.
Francis P. McManamon,
Departmental Consulting Archeologist and Chief, Archeological
Assistance Division.
[FR Doc. 94-329 Filed 1-6-94; 8:45 am]
BILLING CODE 4310-70-F
Complete official Federal Register PDF
FR Doc. 94-328 All-Agency Memorandum No. 174 Under the Davis-Bacon and Related Acts
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1029-1031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-328]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF LABOR
Employment Standards Administration
All-Agency Memorandum No. 174 Under the Davis-Bacon and Related
Acts
AGENCY: Wage and Hour Division, Employment Standards Administration,
Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor (DOL) is publishing All Agency
Memorandum No. 174, which was forwarded to Federal contracting agencies
on December 2, 1993. This memorandum provides guidance concerning the
suspension of ``helper'' regulations under the Davis-Bacon and related
Acts in Fiscal Year 1994, and is being published to inform the public
on policies and procedures now in effect as a result of the suspension.
FOR FURTHER INFORMATION CONTACT:
William W. Gross, Acting Assistant Administrator, Wage and Hour
Division, Employment Standards Administration, U.S. Department of
Labor, room S-3028, 200 Constitution Avenue, NW., Washington, DC 20210.
Telephone (202) 219-8353. This is not a toll-free number.
SUPPLEMENTARY INFORMATION: On Thursday, October 21, 1993, President
Clinton signed the FY 1994 Appropriations Act for the Department of
Labor, Health and Human Services, and Education, and related agencies
(Pub. L. 103-112). Section 104 of this act contains a provision that
prohibits the Department of Labor (Department) from expending funds
appropriated under the act to implement or administer the Davis-Bacon
``helper'' regulations at 29 CFR sections 1.7(d), 5.2(n)(4) and
5.5(a)(1)(ii). As a result, these regulations were suspended and former
rules concerning conformance procedures were reinstated at 29 CFR
5.5(a)(1)(v). (See Federal Register 58 FR 58954, (November 5, 1993).)
The Wage and Hour Division routinely uses an ``All Agency Memoranda''
procedure to advise procurement agencies of applicable policies and
procedures in the administration and enforcement of the labor standards
requirements of the Davis-Bacon and related Acts. In this regard, All
Agency Memorandum No. 174 provides guidance to procurement agencies on
the suspension of ``helper'' regulations during FY 1994. Because of the
interest in the use of helpers under the Davis-Bacon and related Acts,
All Agency Memorandum No. 174 is published for general information.
Document Preparation
This document was prepared under the direction and control of Maria
Echaveste, Administrator, Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor.
Signed in Washington, DC, on this 30th day of December, 1993.
Maria Echaveste,
Wage and Hour Administrator.
U.S. Department of Labor, Employment Standards Administration,
Wage and Hour Division.
December 2, 1993.
Memorandum No. 174
Memorandum for All Contracting Agencies of the Federal Government and
the District of Columbia
From: Maria Echaveste, Administrator
Subject: Prohibition on Department of Labor Implementation/
Administration of Davis-Bacon Helper Regulations Pursuant to Fiscal
Year (FY) 1994 Appropriation Act
On Thursday, October 21, 1993, President Clinton signed the FY 1994
Appropriations Act for the Department of Labor, Health and Human
Services, and Education, and related agencies (Pub. L. 103-112).
Section 104 of this act contains a provision that prohibits the
Department of Labor (Department) from expending funds appropriated
under the act to implement or administer the Davis-Bacon ``helper''
regulations that were previously codified at 29 CFR 1.7(d), 5.2(n)(4)
and 5.5(a)(1)(ii). (See Federal Register, 54 FR 4234, 55 FR 50148, and
57 FR 28776). Those regulations have therefore been suspended and the
former rules reinstated. (See Notice of suspension of regulations and
reinstatement of former regulation published in the Federal Register on
November 5, 1993 (58 FR 58954), copy attached.
As of October 21, the Department of Labor ceased activities that
were related to the administration and implementation of suspended
helper regulations. The discontinued activities included:
Issuing classifications and wage rates for helpers in wage
determinations based on data yielded by new surveys.
Processing survey data to determine whether the use of
helpers is prevailing on construction in areas where Davis-Bacon
surveys are being conducted to determine prevailing wage rates for any
particular type of construction.
Processing requests for the approval of additional
classifications and wage rates for helpers pursuant to the suspended
conformance procedures formerly set forth in 29 CFR 5.5(a)(1)(ii).
Processing requests for the reconsideration of rulings or
final determinations concerning the use of helper classifications and/
or wage rates.
Guidance regarding the effect of the newly enacted prohibition on
contracts at various stages of the procurement process follows.
Contracts awarded on or after October 21, 1993.\1\
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\1\In the case of projects assisted under the National Housing
Act, the applicable date is the start of construction or the initial
endorsement of the mortgage, whichever occurs first. Similarly, in
the case of projects to receive housing assistance payments under
section 8 of the U.S. Housing Act of 1937, the applicable date is
the beginning of construction or the date the housing assistance
payment contract is executed, whichever occurs first.
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Contractors and subcontractors may not employ ``helpers'' as that
term was defined in Sec. 5.2(n)(4) of the suspended regulations on any
Davis-Bacon covered contract awarded on or after October 21, 1993.
Semi-skilled helper classifications and wage rates that were issued in
wage determinations pursuant to the suspended regulations and that have
been included in contracts awarded on or after October 21, 1993, are
not valid. Moreover, the regulatory provision that allowed the
consideration of additional classification actions for helpers is
suspended; therefore, the Department will not consider any additional
classification requests that would permit the use of helpers as defined
in the suspended regulations on such contracts. Davis-Bacon general
wage determinations are being modified to omit those helper
classifications and wage rates that were issued pursuant to the
suspended regulations.
In accordance with its prior practice, the Department will,
however, recognize helper classifications that are separate and
distinct classes of workers performing duties distinguished from those
of journey-level workers or other classifications listed on the wage
determination; whose use prevails in an area; and who are not employed
in an informal apprenticeship or training capacity. As detailed in the
November 5, 1993, notice, the Department will issue such helpers on
wage determinations or consider additional classification requests for
such helpers where these criteria are met and a specific description of
duties is associated with the particular helper class. Helpers may be
employed on contracts awarded after October 21, 1993, only if a
definition of the helper's duties establishing the helper as a separate
and distinct classification is set forth in the wage determination or
on the additional classification approval documents.
Contracts awarded prior to October 21, 1993 where the contract
contains the newly-suspended helper clauses and the contract wage
determination contains a helper classification or a helper
classification has been approved for use on the project.
Contractors and subcontractors may continue to employ individuals
in helper classifications that were issued for application to contracts
or approved for use on contracts awarded prior to the suspension of the
regulations. The workers must, however, be employed in accordance with
the regulatory definition set forth in Sec. 5.2(n)(4) of regulations,
part 5, which was applicable at the time the contract was awarded, and
the workers must be paid at least the corresponding wage rate for the
helper classification in which they are performing.
The Department will continue to take action to ensure that workers
erroneously classified as helpers are reclassified as journey-level
workers or laborers in accordance with the work performed (those cases,
for example, where employees perform work solely of a skilled nature,
where individuals do not work under the supervision and direction of a
journey-level classification, or where workers perform duties beyond
the duties performed by helpers pursuant to the practice in the area).
The Department will also take enforcement action against any contractor
or subcontractor that fails to compensate its helpers according to the
applicable wage determination rate or approved conformance wage rate.
Contracting agencies are also reminded of their enforcement
responsibilities under Reorganization Plan No. 14 of 1950 and
encouraged to take action as may be necessary to ensure compliance in
such situations.
Contracts awarded prior to October 21, 1993 where the contract
contains the newly-suspended helper clauses but the contract wage
determination does not contain a helper classification and a helper
classification has not yet been approved for use on this project.
Contractors and subcontractors may not employ any classification,
including helpers, on a Davis-Bacon covered project unless the wage
determination contains the classification or the classification is
approved pursuant to the Department's additional classification
procedures. The regulations provide that the wage rates determined for
unlisted classifications under the additional classification procedures
shall be paid to all workers performing work in that classification
from the first day on which work was performed. This regulatory
provisions permits retroactive application of approved additional
classifications and wage rates and, at the same time, also allows for
retroactive enforcement action against a contractor or subcontractor
whose proposed additional classification and/or wage rate is denied by
the Department.
Clearly, the Department cannot act on conformance requests for
helpers or requests for reconsideration of such conformance actions
given the Congressional action. Thus, contractors or subcontractors who
classify and pay individuals as helpers with the expectation that the
Department will approve an additional classification request at some
future point place themselves at risk of subsequent enforcement action,
including the withholding of contract funds. Under these circumstances,
agencies should use their enforcement discretion in determining whether
withholding action is appropriate to protect the interest of employees
where contractors pay individuals less than the journey-level rate
during the period of the prohibition. Agencies clearly should withhold
contract funds where the Department has denied a conformance request,
even through the contractor or subcontractor may have or may intend to
request reconsideration of the additional classification denial.
Agencies should also withhold contract payments on any contracts
completed or nearing completion during the suspension of the helper
regulations so that any back wages potentially due employees are not
lost because the contract was closed and contract funds paid out.
Contracts awarded prior to October 21, 1993 where the contract does
not contain the revised helper clauses.
In implementing the helper regulations after the lifting of the
prohibition imposed by section 303 of the 1991 Dire Emergency
Supplement Appropriation Act, the Department suggested that contracting
agencies modify existing contracts to include the revised helper
contract clauses, thereafter permitting the addition of helper
classifications through the additional classification procedures in
Sec. 5.5(a)(1)(ii) of regulations, part 5. However, in light of the
Congressional action, that option no longer exists for contracts that
were awarded without the helper contract clauses and which have not yet
been modified. Contractors and subcontractors performing on such
contracts may not employ helpers as those classifications were defined
by Sec. 5.2(n)(4) of regulations, part 5.
Prior background concerning the regulations in question is
contained in All Agency Memoranda Nos. 154, 161, 163 and 165, issued on
January 2, 1991, January 29, 1992, June 22, 1992, and July 24, 1992,
respectively. Application of these All-Agency Memoranda is also
suspended.
Agencies are reminded of the need to make appropriate changes in
the procurement regulations (see especially 48 CFR 22.406-3, 52.222-
6(b) and 52.222-9) and related contract documents to conform to the
revised regulations.
[FR Doc. 94-328 Filed 1-6-94; 8:45 am]
BILLING CODE 4510-27-M
Complete official Federal Register PDF
FR Doc. 94-327 Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1033-1034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-327]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF LABOR
Investigations Regarding Certifications of Eligibility To Apply
for Worker Adjustment Assistance
Petitions have been filed with the Secretary of Labor under section
221 (a) of the Trade Act of 1974 (``the Act'') and are identified in
the Appendix to this notice. Upon receipt of these petitions, the
Director of the Office of Trade Adjustment Assistance, Employment and
Training Administration, has instituted investigations pursuant to
section 221 (a) of the Act.
The purpose of each of the investigations is to determine whether
the workers are eligible to apply for adjustment assistance under title
II, chapter 2 of the Act. The investigations will further relate, as
appropriate, to the determination of the date on which total or partial
separations began or threatened to begin and the subdivision of the
firm involved.
The petitioners or any other persons showing a substantial interest
in the subject matter of the investigations may request a public
hearing, provided such request is filed in writing with the Director,
Office of Trade Adjustment Assistance, at the address shown below, not
later than January 18, 1994.
Interested persons are invited to submit written comments regarding
the subject matter of the investigations to the Director, Office of
Trade Adjustment Assistance, at the address shown below, not later than
January 18, 1994.
The petitions filed in this case are available for inspection at
the Office of the Director, Office of Trade Adjustment Assistance,
Employment and Training Administration, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210.
Signed at Washington, DC this 27th day of December, 1993.
Marvin M. Fooks,
Director, Office of Trade Adjustment Assistance.
Appendix
----------------------------------------------------------------------------------------------------------------
Petitioner (Union/ Date of petition Petition
workers/firm) Location Date received No. Articles produced
----------------------------------------------------------------------------------------------------------------
Tomorrow Today Corp. Westfield, MA.... Dec. 27, 1993... Nov. 23, 1993... 29,349 Giftware and
(Wkrs). ornaments.
Sundown Operating, Sundown, TX...... Dec. 27, 1993... Dec. 18, 1993... 29,350 Oil and gas.
Inc. (Wkrs).
Imperial Wallpaper, Plattsburgh, NY.. Dec. 27, 1993... Dec. 9, 1993.... 29,351 Wallcoverings.
Inc. (UPIU).
Hasbro, Inc. (Wkrs)... El Paso, TX...... Dec. 27, 1993... Dec. 14, 1993... 29,352 Children's toys.
General Electric Co. Cincinnati, OH... Dec. 27, 1993... Dec. 7, 1993.... 29,353 Rotating parts and
(Co). turbine mid frame.
General Motors Corp, Livonia, MI...... Dec. 27, 1993... Dec. 13, 1993... 29,354 Bumpers, suspension
Delco Chassis (UAW). springs.
Data Integrators Houston, TX...... Dec. 27, 1993... Dec. 15, 1993... 29,355 Seismic data.
(Wkrs).
Cooper Industries/ Laurence Harbor, Dec. 27, 1993... Dec. 9, 1993.... 29,356 Circuit breakers,
Connectron (IBEW). NJ. fuse holders.
Aerovox Aero M (Wkrs). Glasgow, KY...... Dec. 27, 1993... Dec. 13, 1993... 29,357 Aluminum electrolytic
capacitors.
White Rodgers (Wkrs).. Logansport, IN... Dec. 27, 1993... Dec. 8, 1993.... 29,358 Automotive electrical
equipment.
Atlas of Boston (LGPN) Philadelphia, PA. Dec. 27, 1993... Dec. 17, 1993... 29,359 Leather attache
cases.
Flint Ink (GCIU)...... Lodi, NJ......... Dec. 27, 1993... Dec. 14, 1993... 29,360 Printing ink,
solvents, driers.
Bailey Controls Co. Williamsport, PA. Dec. 27, 1993... Dec. 17, 1993... 29,361 Circuit boards.
(Wkrs).
The American Olean Lansdale, PA..... Dec. 27, 1993... Dec. 10, 1993... 29,362 Ceramic wall tile and
Tile Co. (URW). trim tile.
Accessories by Pearl New York, NY..... Dec. 27, 1993... Dec. 15, 1993... 29,363 Leather goods.
(Wkrs).
First Base, Inc. Bayshore, NY..... Dec. 27, 1993... Dec. 10, 1993... 29,364 Miss sportwear.
(Wkrs).
Mitoro Industries Bayshore, NY..... Dec. 27, 1993... Dec. 10, 1993... 29,365 Jrs sportswear.
(Wkrs).
General Seafood (Wkrs) Magnolia, MA..... Dec. 27, 1993... Dec. 10, 1993... 29,366 Frozen seafood.
Waco, Inc (Wkrs)...... Danvers, MS...... Dec. 27, 1993... Dec. 10, 1993... 29,367 Frozen crab meat.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 94-327 Filed 1-6-94; 8:45 am]
BILLING CODE 4510-30-M
Complete official Federal Register PDF
FR Doc. 94-326 Phillips Petroleum Co., Lafayette, LA; Dismissal of Application for Reconsideration
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-326]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF LABOR
[TA-W-28,999]
Phillips Petroleum Co., Lafayette, LA; Dismissal of Application
for Reconsideration
Pursuant to 29 CFR 90.18 an application for administrative
reconsideration was filed with the Director of the Office of Trade
Adjustment Assistance for workers at Phillips Petroleum Company,
Lafayette, Louisiana. The review indicated that the application
contained no new substantial information which would bear importantly
on the Department's determination. Therefore, dismissal of the
application was issued.
TA-W-28,999; Phillips Petroleum Company, Lafayette, Louisiana
(December 27, 1993)
Signed at Washington, DC this 30th day of December, 1993.
Marvin M. Fooks,
Director, Office of Adjustment Assistance.
[FR Doc. 94-326 Filed 1-6-94; 8:45 am]
BILLING CODE 4510-30-M
Complete official Federal Register PDF
FR Doc. 94-325 Honeywell Keyboard Division, El Paso, TX; Negative Determination Regarding Application for Reconsideration
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-325]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF LABOR
[TA-W-28,911]
Honeywell Keyboard Division, El Paso, TX; Negative Determination
Regarding Application for Reconsideration
By an application dated November 4, 1993, the company requested
administrative reconsideration of the subject petition for trade
adjustment assistance, TAA. The denial notice was published in the
Federal Register on October 21, 1993 (58 FR 54377).
Pursuant to 29 CFR 90.18(c) consideration may be granted under the
following circumstances:
(1) If it appears on the basis of facts not previously considered
that the determination complained of was erroneous;
(2) If it appears that the determination complained of was based on
a mistake in the determination of facts not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified reconsideration of
the decision.
Investigation findings show that the workers produced keyboards.
The Department's denial was based on the fact that the
``contributed importantly'' test of the Group Eligibility Requirements
of the Trade Act was not met. Worker separations on July 30, 1993
resulted from the purchase of the plant by Key-Tronic of Spokane,
Washington. No customer survey was conducted because there were no
sales declines in 1992 compared to 1991 and in the first six months of
1993 compared to the same period in 1992. The findings also show that
there were no company imports during the period of the investigation.
The company states that the Honeywell workers should be certified
eligible to apply for TAA because Key-Tronic which purchased the
Honeywell plant in August 1993 also produces keyboards and was
certified for TAA in 1992.
Each petition is investigated on its own merits and in the time
frame in which it was filed. Key-Tronic increased its reliance on
company imports of keyboard and computer peripherals while decreasing
production and employment during the investigation period. Accordingly,
Key-Tronic met all three of the Group Eligibility Requirements of the
Trade Act and a worker group certification was issued on January 17,
1992.
If after August 1, 1993, the El Paso plant experiences company
imports that adversely affect sales or production and employment
declines, the Department would entertain a new petition.
Conclusion
After review of the application and investigative findings, I
conclude that there has been no error or misinterpretation of the law
or of the facts which would justify reconsideration of the Department
of Labor's prior decision. Accordingly, the application is denied.
Signed at Washington, DC, this 27th day of December 1993.
Robert O. Deslongchamps,
Director, Office of Legislation & Actuarial Service, Unemployment
Insurance Service.
[FR Doc. 94-325 Filed 1-6-94; 8:45 am]
BILLING CODE 4510-30-M
Complete official Federal Register PDF
FR Doc. 94-324 Allied Signal Automotive Friction Materials, Troy, NY; Negative Determination Regarding Application for Reconsideration
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1032-1033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-324]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-28,672]
Allied Signal Automotive Friction Materials, Troy, NY; Negative
Determination Regarding Application for Reconsideration
By an application dated October 21, 1993, the company requested
administrative reconsideration of the subject petition for trade
adjustment assistance, TAA. The denial notice was published in the
Federal Register on September 22, 1993 (58 FR 49321).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted under
the following circumstances:
(1) If it appears on the basis of facts not previously considered
that the determination complained of was erroneous;
(2) If it appears that the determination complained of was based on
a mistake in the determination of facts not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified reconsideration of
the decision.
Investigation findings show that the workers produce automotive and
truck friction materials.
The Department's denial was based on the fact that the
``contributed importantly'' test of the Group Eligibility Requirements
of the Trade Act was not met. The ``contributed importantly'' test is
generally demonstrated through a survey of the firm's major customers.
The Department's survey of the subject firm major declining customers
shows that none of the respondents imported automotive or truck
friction materials in the relevant period.
Your petition indicates approximately 100 workers were laid off on
October 8, 1990. These workers are covered under the certification the
Department issued on July 3, 1991, TA-W-25,766.
Investigation findings show that the worker separations in 1993
involved the Engineering Department. However, that Department is being
consolidated with an affiliate plant in Ohio. A domestic transfer of
operations would not form a basis for a worker group certification.
Further, your amended sales data shows either increased or constant
sales and production of drum segments and cerametalix in 1992 compared
to 1991 and in the first six months of 1993 compared to the same period
in 1992. All manufacturing on medium and heavy truck disc brakes ceased
in October, 1992. Worker separations resulting from the cessation of
production on truck disc brakes in 1992 would have been covered under
TA-W-25,766.
Domesitc production from a foreign owned plant (transplant
production) would not form a basis for a worker group certification.
Such production is not considered an import.
With respect to Allied Signal's lost bids, most occurred when the
plant was under a worker group certification. Further, by the company's
own admission, there were some company imports of friction materials
but these were products which either were not available at Troy or for
which retooling in the U.S. would be uneconomic.
Conclusion
After review of the application and investigative findings, I
conclude that there has been no error or misinterpretation of the law
or of the facts which would justify reconsideration of the Department
of Labor's prior decision. Accordingly, the application is denied.
Signed at Washington, DC, this 27th day of December 1993.
Robert O. Deslongchamps,
Director, Office of Legislation & Actuarial Service, Unemployment
Insurance Service.
[FR Doc. 94-324 Filed 1-6-94; 8:45 am]
BILLING CODE 4510-30-M
Complete official Federal Register PDF
FR Doc. 94-321 Trunkline Gas Company, et al.; Natural Gas Certificates Filings
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1014-1015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-321]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF ENERGY
[Docket No. CP94-144-000, et al.]
Trunkline Gas Company, et al.; Natural Gas Certificates Filings
December 28, 1993.
Take notice that the following filings have been made with the
Commission:
1. East Tennessee Natural Gas Company
[Docket No. CP94-144-000]
Take notice that on December 20, 1993, East Tennessee Natural Gas
Company (East Tennessee), P.O. Box 2511, Houston, Texas 77252-2511,
filed in Docket No. CP94-144-000 a request pursuant to Sec. 157.205 of
the Commission's Regulations to increase the capacity of an existing
delivery point in Hamilton County, Tennessee for Chattanooga Gas
Company (Chattanooga), an existing transportation customer, under East
Tennessee's blanket certificate issued in Docket No. CP82-412-000,
pursuant to section 7 of the Natural Gas Act, all as more fully set
forth in the request on file with the Commission and open to public
inspection.
East Tennessee proposes to replace the existing two 2-inch meter
tubes with 6-inch meter tubes and install electronic gas measurement
equipment on the Chattanooga Volunteer Ordinance Delivery Point
(Ordinance point) in Hamilton County, Tennessee to increase its
capacity to approximately 35,000 dth of natural gas per day for
delivery of natural gas to Chattanooga under Rate Schedule FT-A.
Chattanooga has agreed to reimburse East Tennessee for the cost of
these facilities which are estimated to cost $90,487, it is stated.
East Tennessee states that the total quantities to be delivered to
Chattanooga after the construction of these facilities to increase
capacity would not exceed the total authorized quantities and the
changes proposed are not prohibited by East Tennessee's tariff. East
Tennessee has sufficient capacity in its system to accomplish the
increased delivery of natural gas at the Ordinance point without
detriment or disadvantage to any of East Tennessee's other customers,
it is stated.
Comment date: February 11, 1994, in accordance with Standard
Paragraph G at the end of this notice.
2. Avoca Natural Gas Storage
[Docket No. CP94-161-000]
Take notice that on December 23, 1993, Avoca Natural Gas Storage
(Avoca), a general partnership with an office at One Bowdoin Square,
Boston, Massachusetts 02114, filed an application in Docket No. CP94-
161-000 pursuant to section 7 of the Natural Gas Act and part 157 and
subpart G of part 284 of the Commission's Regulations. The part 157
application requests a certificate of public convenience and necessity
authorizing Avoca to develop, construct and operate natural gas storage
and related facilities. Avoca also seeks a blanket certificate, under
part 284, authorizing self-implementing firm and interruptible storage
services, with pregranted abandonment authority.
Avoca is a general partnership formed for the purpose of
developing, constructing and operating a natural gas storage facility.
Avoca is composed of four partners, including:
(1) JMC Avoca, Inc., a wholly-owned subsidiary of J. Makowski
Company, a developer of gas-fired power generation, natural gas supply,
transportation and storage projects;
(2) ET Storage, Inc., a wholly-owned subsidiary of Equitrans, Inc.,
the interstate pipeline subsidiary of Equitable Resources, Inc.;
(3) NGC Storage, Inc., a wholly-owned subsidiary of Natural Gas
Clearinghouse, an independent gas marketer and an owner and operator of
numerous gas gathering and processing facilities; and,
(4) Trillium Gas Storage, Inc., a subsidiary of Union Gas Limited,
an integrated natural gas company in Southwestern Ontario, Canada,
providing storage, distribution and transmission service.
Avoca proposes to develop several storage caverns by leaching
underground salt deposits. The storage caverns will be located near
Avoca, New York. Avoca's facilities will be connected to the H-C or 400
Line of Tennessee Gas Pipeline Company.
The Avoca facility will offer a total storage capacity of 6.72 Bcf
and 5.0 Bcf of working gas capacity. The storage capacity is proposed
to be made available in three phases:
(1) Phase I--2 Bcf will be available beginning January 1, 1996;
(2) Phase II--an additional 2 Bcf will be available beginning
January 1, 1997; and,
(3) Phase III--an additional 1 Bcf will be available beginning
January 1, 1998.
Avoca says that it has been marketing its proposed project to the
general natural gas industry since June 1993. It notes that one
customer, Orange and Rockland Utilities, Inc., has signed a Firm
Storage Precedent Agreement for 550,000 Dth (.55 Bcf) of the Phase I
capacity. Avoca proposes to offer the remaining 1.45 Bcf of the Phase I
capacity during an open season. The open season will be between January
31, 1994 and February 28, 1994. Additional open seasons are proposed
for Phases II and III.
Avoca filed a pro forma tariff containing the terms and conditions
for firm and interruptible storage services. Avoca will allow customers
to inject their maximum contract quantities over any consecutive
twenty-day period and withdraw their maximum contract quantity over any
consecutive ten-day period.
Avoca is proposing market-based pricing for its storage services.
Bids for capacity will be evaluated on a net present value formula as
described in the pro forma tariff. Avoca says that because it lacks
market power, the Commission should allow it to negotiate market-based
rates with its customers.
Finally, Avoca has filed an Applicant-Prepared Environmental
Assessment covering the development of the storage caverns and the
construction of the related facilities.
Comment date: January 18, 1994, in accordance with Standard
Paragraph F at the end of this notice.
Standard Paragraphs
F. Any person desiring to be heard or to make any protest with
reference to said application should on or before the comment date,
file with the Federal Energy Regulatory Commission, Washington, DC
20426, a motion to intervene or a protest in accordance with the
requirements of the Commission's Rules of Practice and Procedure (18
CFR 385.214 or 385.211) and the Regulations under the Natural Gas Act
(18 CFR 157.10). All protests filed with the Commission will be
considered by it in determining the appropriate action to be taken but
will not serve to make the protestants parties to the proceeding. Any
person wishing to become a party to a proceeding or to participate as a
party in any hearing therein must file a motion to intervene in
accordance with the Commission's Rules.
Take further notice that, pursuant to the authority contained in
and subject to the jurisdiction conferred upon the Federal Energy
Regulatory Commission by sections 7 and 15 of the Natural Gas Act and
the Commission's Rules of Practice and Procedure, a hearing will be
held without further notice before the Commission or its designee on
this application if no motion to intervene is filed within the time
required herein, if the Commission on its own review of the matter
finds that a grant of the certificate and/or permission and approval
for the proposed abandonment are required by the public convenience and
necessity. If a motion for leave to intervene is timely filed, or if
the Commission on its own motion believes that a formal hearing is
required, further notice of such hearing will be duly given.
Under the procedure herein provided for, unless otherwise advised,
it will be unnecessary for applicant to appear or be represented at the
hearing.
G. Any person or the Commission's staff may, within 45 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to Sec. 157.205 of the
Regulations under the Natural Gas Act (18 CFR 157.205) a protest to the
request. If no protest is filed within the time allowed therefor, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the time allowed for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the Natural Gas Act.
Lois D. Cashell,
Secretary.
[FR Doc. 94-321 Filed 1-6-94; 8:45 am]
BILLING CODE 6717-01-P
Complete official Federal Register PDF
FR Doc. 94-320 Tacoma Public Utilities; Tacoma, WA; Public Conference
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-320]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF ENERGY
[Cushman Relicense FERC Project No. 460]
Tacoma Public Utilities; Tacoma, WA; Public Conference
January 3, 1994.
Please take notice that on January 27, 1994 from 10 a.m. until 3
p.m. the Commission will convene at Commission Offices, 825 North
Capitol Street, NE., Commission Meeting Room 9306, Washington, DC, a
public conference regarding the relicense of the Cushman Hydroelectric
Project.
Representatives from the U.S. Department of the Interior, Tacoma
Public Utilities (license applicant), Intervenors, Indian Tribes and
interested parties are invited to attend to discuss the following:
--Implementation of the Congressionally authorized land exchange
between the Applicant and the National Park Service.
--Implementation of the Programmatic Cultural Resources Agreement for
the Cushman Project.
--Completion of the Commission's ongoing Environmental Impact Statement
for the Cushman Project.
--Other subjects that may arise regarding the relicense of the Cushman
Project.
This is an open forum chaired by the Commission. Please notify the
Commission by January 19 whether you will be attending. The telephone
number is (202) 219-2781; please reference the Cushman Conference; give
your name and affiliation.
Lois D. Cashell,
Secretary.
[FR Doc. 94-320 Filed 1-6-94; 8:45 am]
BILLING CODE 6717-01-P
Complete official Federal Register PDF
FR Doc. 94-319 Northern Natural Gas Co.; Proposed Changes in FERC Gas Tariff
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1015-1016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-319]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF ENERGY
[Docket No. RP94-89-000]
Northern Natural Gas Co.; Proposed Changes in FERC Gas Tariff
January 3, 1994.
Take notice that Northern Natural Gas Company (Northern) on
December 23, 1993, tendered for filing to become part of Northern's
FERC Gas Tariff Fifth Revised Volume 1, the following tariff sheets,
proposed to be effective January 22, 1994:
First Revised Sheet No. 143
First Revised Sheet No. 144
First Revised Sheet No. 147
First Revised Sheet No. 446
Northern states that such tariff sheets are being submitted to
revise Interruptible Deferred Delivery service, Rate Schedule IDD, to
allow Shippers to withdraw quantities from their IDD accounts before
the quantities are injected.
Northern further states that copies of the filing have been mailed
to each of its customers and interested State Commissions.
Any person desiring to be heard or to protest said filing should
file a petition to intervene or protest with the Federal Energy
Regulatory Commission, 825 North Capitol Street, NE., Washington, DC
20426, in accordance with Rules 214 and 211 of the Commission's Rules
of Practice and Procedure (18 CFR 385.214 and 385.211). All such
petitions or protests must be filed on or before January 10, 1994.
Protests will be considered by the Commission in determining the
appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Any person wishing to become a party must
file a petition to intervene. Copies of this filing are on file with
the Commission and are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 94-319 Filed 1-6-94; 8:45 am]
BILLING CODE 6717-01-M
Complete official Federal Register PDF
FR Doc. 94-318 Seminole Electric Cooperative, Inc. v. Florida Power & Light Co., Florida Municipal Power Agency v. Florida Power & Light Co., Florida Power & Light Co.; Initiation of Proceeding and Refund Effective Date
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-318]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF ENERGY
[Docket Nos. EL93-28-000; EL93-40-000; ER93-465-000, ER93-507-000,
ER93-922-000 and EL94-12-000]
Seminole Electric Cooperative, Inc. v. Florida Power & Light Co.,
Florida Municipal Power Agency v. Florida Power & Light Co., Florida
Power & Light Co.; Initiation of Proceeding and Refund Effective Date
January 3, 1994.
Take notice that on December 27, 1993, the Commission issued an
order in the above-indicated dockets initiating an investigation in
Docket No. EL94-12-000 under section 206 of the Federal Power Act.
The refund effective date in Docket No. EL94-12-000 will be 60 days
after publication of this notice in the Federal Register.
Lois D. Cashell,
Secretary.
[FR Doc. 94-318 Filed 1-6-94; 8:45 am]
BILLING CODE 6717-01-M
Complete official Federal Register PDF
FR Doc. 94-317 Keystone Energy Service Company, L.P., et al.; Electric Rates and Corporate Regulation Filings
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-317]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. EG94-10-000, et al.]
Keystone Energy Service Company, L.P., et al.; Electric Rates and
Corporate Regulation Filings
December 27, 1993.
Take notice that the following filings have been made with the
Commission:
1. Keystone Energy Service Company, L.P.
[Docket No. EG94-10-000]
On December 20, 1993, Keystone Energy Service Company, L.P.
(``Keystone'') filed an application for a determination by the
Commission that Keystone is an exempt wholesale generator. Keystone is
a Delaware limited partnership with its principal place of business at
7500 Old Georgetown Road, Bethesda, MD, 20814-6161. Keystone states in
its application that it is the operator of a 202 MW (net) clean coal-
fired cogeneration facility (the ``Facility'') to be located adjacent
to the Delaware River chemical plant of Monsanto Corporation
(``Monsanto'') in Logan Township, New Jersey. Keystone states that
construction of the Facility commenced in May 1992 and that the
facility is expected to commence commercial operation in the first
quarter of 1995. Keystone further states that it will operate the
Facility pursuant to a thirty-year lease agreement between Keystone and
Keystone Urban Renewal Limited Partnership, its affiliate.
Comment date: January 14, 1994, in accordance with Standard
Paragraph E at the end of this notice.
2. Keystone Urban Renewal Limited Partnership
[Docket No. EG94-9-000]
On December 20, 1993, Keystone Urban Renewal Limited Partnership
(``KUR'') filed an application for a determination by the Federal
Energy Regulatory Commission that KUR is an exempt wholesale generator.
KUR is a Delaware limited partnership with its principal place of
business at 7500 Old Georgetown Road, Bethesda, MD 20814-6161. KUR
further states that it is the owner of a 202 MW (net) clean coal-fired
cogeneration facility (the ``Facility'') to be located adjacent to the
Delaware River chemical plant of Monsanto Corporation in Logan
Township, New Jersey. KUR further states that construction of the
Facility commenced in May 1992 and that the Facility is expected to
commence commercial operation in the first quarter of 1995.
Comment date: January 14, 1994, in accordance with Standard
Paragraph E at the end of this notice.
Standard Paragraphs
E. Any person desiring to be heard or to protest said filing should
file a motion to intervene or protest with the Federal Energy
Regulatory Commission, 825 North Capitol Street, NE., Washington, DC
20426, in accordance with Rules 211 and 214 of the Commission's Rules
of Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such
motions or protests should be filed on or before the comment date.
Protests will be considered by the Commission in determining the
appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Any person wishing to become a party must
file a motion to intervene. Copies of this filing are on file with the
Commission and are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 94-317 Filed 1-6-94; 8:45 am]
BILLING CODE 6717-01-P
Complete official Federal Register PDF
FR Doc. 94-316 Entergy Services, Inc. and Gulf States Utilities Co.; Initiation of Proceeding and Refund Effective Date
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-316]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF ENERGY
[Docket Nos. EC92-21-000, ER92-806-000 and EL94-13-000]
Entergy Services, Inc. and Gulf States Utilities Co.; Initiation
of Proceeding and Refund Effective Date
December 30, 1993.
Take notice that on December 15, 1993, the Commission issued an
order in the above-indicated dockets initiating an investigation in
Docket No. EL94-13-000 under section 206 of the Federal Power Act.
The refund effective date in Docket No. EL94-13-000 will be 60 days
after publication of this notice in the Federal Register.
Lois D. Cashell,
Secretary.
[FR Doc. 94-316 Filed 1-6-94; 8:45 am]
BILLING CODE 6717-01-M
Complete official Federal Register PDF
FR Doc. 94-315 Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1008-1009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-315]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF EDUCATION
Office of Postsecondary Education
Federal Perkins Loan, Federal Work-Study, and Federal
Supplemental Educational Opportunity Grant Programs
AGENCY: Department of Education.
ACTION: Notice of the closing date for institutions to submit a request
for a waiver of the allocation reduction for the underuse of funds
under the Federal Perkins Loan, Federal Work-Study (FWS), or Federal
Supplemental Educational Opportunity Grant (FSEOG) programs (known
collectively as the campus-based programs).
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SUMMARY: The Secretary gives notice to institutions of higher education
of the deadline for an institution to submit a written request for a
waiver of the allocation reduction being applied to its Federal Perkins
Loan, FWS, or FSEOG allocation for the 1994-95 award year (July 1, 1994
through June 30, 1995) because the institution returned more than 10
percent of its allocation for that program for the 1992-93 award year
(July 1, 1992 through June 30, 1993).
DATES: Closing Date for Submitting a Waiver Request and any Supporting
Information or Documents. For an institution that returned more than 10
percent of its Federal Perkins Loan, FWS, or FSEOG allocation for the
1992-93 award year to be considered for a waiver of the allocation
reduction for its 1994-95 award year allocation, it must mail or hand-
deliver its waiver request and any supporting information or documents
on or before February 18, 1994. The Department will not accept a waiver
request submitted by facsimile transmission. The waiver request must be
submitted to the Campus-Based Programs Financial Management Division at
one of the addresses indicated below.
ADDRESSES: Waiver Request and any Supporting Information or Documents
Delivered by Mail. The waiver request and any supporting information or
documents delivered by mail must be addressed to Gloria Easter, Chief,
Fund Control Branch, Campus-Based Programs Financial Management
Division, Accounting and Financial Management Service, Student
Financial Assistance Programs, U.S. Department of Education, room 4621,
Regional Office Building 3, 400 Maryland Avenue, SW., Washington, DC
20202-5452. An applicant must show proof of mailing consisting of one
of the following: (1) A legibly dated U.S. Postal Service postmark; (2)
a legible mail receipt with the date of mailing stamped by the U.S.
Postal Service; (3) a dated shipping label, invoice, or receipt from a
commercial carrier; or (4) any other proof of mailing acceptable to the
Secretary of Education.
If a waiver request is sent through the U.S. Postal Service, the
Secretary does not accept either of the following as proof of mailing:
(1) A private metered postmark, or (2) a mail receipt that is not dated
by the U.S. Postal Service.
An institution should note that the U.S. Postal Service does not
uniformly provide a dated postmark. Before relying on this method, an
institution should check with its local post office.
An institution is encouraged to use registered or at least first
class mail. Institutions that submit waiver requests and any supporting
information or documents after the closing date will not be considered
for a waiver of the allocation reduction being applied to its
allocation under any of the campus-based programs for award year 1994-
95.
Waiver Requests and any Supporting Information or Documents
Delivered by Hand. A waiver request and any supporting information or
documents delivered by hand must be taken to Gloria Easter, Chief, Fund
Control Branch, Campus-Based Programs Financial Management Division,
Accounting and Financial Management Service, Student Financial
Assistance Programs, U.S. Department of Education, room 4621, Regional
Office Building 3, 7th and D Streets, SW., Washington, DC. Hand-
delivered waiver requests will be accepted between 8 a.m. and 4:30 p.m.
(Eastern time) daily, except Saturdays, Sundays, and Federal holidays.
A waiver request for the 1994-95 award year that is delivered by hand
will not be accepted after 4:30 p.m. on the closing date.
SUPPLEMENTARY INFORMATION: Under sections 413D(e)(2), 442(e)(2), and
462(j)(4) of the Higher Education Act of 1965, as amended, if an
institution returns more than 10 percent of its Federal Perkins Loan,
FWS, or FSEOG allocation for an award year, the institution will have
its allocation for the next fiscal year for that program reduced by the
dollar amount returned. The Secretary may waive this requirement for a
specific institution if the Secretary finds that enforcement of the
requirement would be contrary to the interest of the affected campus-
based program.
The institution must provide a written waiver request and any
supporting information or documents by the established February 18,
1994 closing date. The waiver request must be signed by an appropriate
institutional official and above the signature the official must
include the statement: ``I certify that the information the institution
provided in this waiver request is true and accurate to the best of my
knowledge. I understand that the information is subject to audit and
program review by representatives of the Secretary of Education.'' If
the institution submits a waiver request and any supporting information
or documents after the closing date, the request will not be
considered.
Applicable Regulations
The following regulations apply to the campus-based programs:
(1) Student Assistance General Provisions, 34 CFR part 668.
(2) Federal Perkins Loan Program, 34 CFR part 674.
(3) Federal Work-Study Program, 34 CFR part 675.
(4) Federal Supplemental Educational Opportunity Grant Program, 34
CFR part 676.
(5) Institutional Eligibility Under the Higher Education Act of
1965, as amended, 34 CFR part 600.
(6) New Restrictions on Lobbying, 34 CFR part 82.
(7) Governmentwide Debarment and Suspension (Nonprocurement) and
Governmentwide Requirements for Drug-Free Workplace (Grants), 34 CFR
part 85.
(8) Drug-Free Schools and Campuses, 34 CFR part 86.
FOR FURTHER INFORMATION CONTACT: For technical assistance concerning
the waiver request or other operational procedures of the campus-based
programs, contact: Gloria Easter, Chief, Fund Control Branch, Campus-
Based Programs Financial Management Division, Accounting and Financial
Management Service, Student Financial Assistance Programs, U.S.
Department of Education, room 4621, Regional Office Building 3, 400
Maryland Avenue, SW., Washington, DC 20202-5452, Telephone (202) 708-
7741. Individuals who use a telecommunications device for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 between 8 a.m and 8 p.m., Eastern time, Monday through Friday.
Program Authority: 20 U.S.C. 1087aa et seq.; 42 U.S.C. 2751 et
seq.; and 20 U.S.C. 1070b et seq.
(Catalog of Federal Domestic Assistance Numbers: 84.007 Federal
Supplemental Educational Opportunity Grant Program; 84.033 Federal
Work-Study Program; 84.038 Federal Perkins Loan Program)
Dated: December 30, 1993.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.
[FR Doc. 94-315 Filed 1-6-94; 8:45 am]
BILLING CODE 4000-01-P
Complete official Federal Register PDF
FR Doc. 94-314 Notice and Order Accepting Appeal and Establishing Procedural Schedule Under 39 U.S.C. 404(b)(5)
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-314]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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POSTAL RATE COMMISSION
[Docket No. A94-5; Order No. 998]
Notice and Order Accepting Appeal and Establishing Procedural
Schedule Under 39 U.S.C. 404(b)(5)
Issued January 3, 1994.
Before Commissioners: W.H. ``Trey'' LeBlanc, III, Vice Chairman;
George W. Haley; H. Edward Quick, Jr.; Wayne A. Schley.
Docket Number: A94-5.
Name of Affected Post Office: Moriah, New York 12960.
Name(s) of Petitioner(s): Donald M. Baker and others.
Type of Determination: Closing.
Date of Filing of Appeal Papers: December 23, 1993.
Categories of Issues Apparently Raised: 1. Effect on postal
services (39 U.S.C. 404(b)(2)(C)).
2. Effect on the community (39 U.S.C. 404(b)(2)(A)).
After the Postal Service files the administrative record and the
Commission reviews it, the Commission may find that there are more
legal issues than those set forth above. Or, the Commission may find
that the Postal Service's determination disposes of one or more of
those issues.
The Postal Reorganization Act requires that the Commission issue
its decision within 120 days from the filing date of this appeal (39
U.S.C. 404(b)(5)). In the interest of expedition, in the light of the
120-day decision schedule, the Commission reserves the right to request
the Postal Service to submit memoranda of law on any appropriate issue.
If requested, such memoranda will be due 20 days from the issuance of
the request and the Postal Service shall serve a copy of its memoranda
on the petitioners. The Commission reserves the right to ask
petitioners for more information.
If the Postal Service files a brief or motion to dismiss or a
motion to affirm the appeal, the Postal Service may incorporate by
reference any memoranda it previously filed in this docket.
The Commission Orders
(a) The Postal Service shall file the record in this appeal by
January 7, 1994.
(b) The Secretary of the Postal Rate Commission shall publish this
Notice and Order and Procedure Schedule in the Federal Register.
By the Commission.
Charles L. Clapp,
Secretary.
Appendix
Dec. 23, 1993....... Filing of Appeal Letter.
Jan. 3, 1994........ Commission Notice and Order of Filing of Appeal.
Jan. 18, 1994....... Last day of filing of petitions to intervene (see
39 CFR 3001.111(b)).
Jan. 27, 1994....... Petitioners' Participant Statements or Initial
Briefs (see 39 CFR 3001.115(a) and (b)).
Feb. 16, 1994....... Postal Service's Answering Brief (see 39 CFR
3001.115(c)).
Mar. 3, 1994........ Petitioners' Reply Briefs should Petitioners
choose to file them (see 39 CFR 3001.115(d)).
Mar. 10, 1994....... Deadline for motions by any party requesting oral
argument. The Commission will schedule oral
argument only when it is a necessary addition to
the written filings (see 39 CFR 3001.116).
Apr. 21, 1994....... Expiration of the Commission's 120-day decisional
schedule (see 39 U.S.C. 404(b)(5)).
[FR Doc. 94-314 Filed 1-6-94; 8:45 am]
BILLING CODE 7710-FW-P
Complete official Federal Register PDF
FR Doc. 94-313 Self-Regulatory Organizations; Chicago Board Options Exchange, Inc.; Filing and Order Granting Partial Accelerated Approval of Proposed Rule Change by the Chicago Board Options Exchange, Inc., Relating to an Extension and Request for Permanent Approval of the Pilot Program Involving Debit Put Spreads in Broad-Based Indexes With European-Style Exercise
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1041-1043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-313]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-33404; File No. SR-CBOE-93-60]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Inc.; Filing and Order Granting Partial Accelerated Approval of
Proposed Rule Change by the Chicago Board Options Exchange, Inc.,
Relating to an Extension and Request for Permanent Approval of the
Pilot Program Involving Debit Put Spreads in Broad-Based Indexes With
European-Style Exercise
December 30, 1993.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''), 15 U.S.C. 78s(b)(1), and Rule 19b-4 thereunder,\1\ notice is
hereby given that on December 27, 1993, the Chicago Board Options
Exchange, Inc. (``CBOE'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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\1\17 CFR 240.19b-4 (1993).
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I. Self-Regulatory Organization's Statement of the Terms of
Substance of the Proposed Rule Change
The CBOE proposes to amend Exchange Rule 24.11A, ``Debit Put Spread
Cash Account Transactions,'' to extend through December 31, 1994, a
pilot program allowing approved public customers with qualified
portfolios (``spread exemption customers'') to effect and maintain in
cash accounts debit put spread transactions in broad-based index
options with European-style exercise.\2\ In addition, the CBOE seeks
permanent approval of the pilot program.
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\2\The Commission approved the pilot program on a one-year basis
through November 25, 1992. See Securities Exchange Act Release No.
29992 (November 26, 1991), 56 FR 63526 (order approving File Nos.
SR-Amex-91-14 and SR-CBOE-91-17) (``Debit Put Spread Approval
Order''). Subsequently, both the CBOE and the American Stock
Exchange, Inc. (``Amex'') amended the definition of ``debit put
spread'' to provide that the strike price of the long leg of the
spread must exceed, not equal, the strike price of the short leg.
See Securities Exchange Act Release Nos. 30267 (January 21, 1992),
57 FR 3234 (order approving file No. SR-CBOE-91-50) and 30419
(February 26, 1992), 57 FR 7825 (order approving File No. SR-Amex-
92-07). On June 30, 1993, the Commission approved an extension of
the pilot program through December 31, 1993. See Securities Exchange
Act Release No. 32556 (June 30, 1993), 58 FR 32556 (order approving
File No. SR-CBOE-93-13) (``Pilot Extension Order'').
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The text of the proposed rule change is available at the Office of
the Secretary, CBOE, and at the Commission.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections (A), (B), and (C) below,
of the most significant aspects of such statements.
(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
Currently, Sec. 220.8 of Regulation T under the Act precludes
customers from effecting spread transactions in cash accounts.
Specifically, Sec. 220.8(a)(3)(ii) of Regulation T includes in
permissible cash account transactions a creditor's issue, endorsement
or guarantee of a put option for a customer if the creditor obtains
cash in an amount equal to the exercise price of the option or holds in
the account any of the following instruments with a current market
value at least equal to the exercise price of the option and with one
year or less to maturity: U.S. government securities, negotiable bank
certificates of deposit, or bankers acceptances issued by a U.S. bank
and payable in the United States. Because offsetting options positions
fail to satisfy these criteria, spreads are not included in permissible
cash account transactions and therefore must be effected in margin
accounts.
On November 26, 1991, the Commission approved proposals submitted
by the CBOE and the Amex which established one year pilot programs
allowing approved public customers\3\ with qualified portfolios of
stock to effect and maintain in cash accounts debit put spread
transactions in broad-based index options with European-style
exercise.\4\ The Commission approved an extension of the CBOE's pilot
program through December 31, 1993.\5\ The CBOE now proposes to extend
its debit put spread pilot program through December 31, 1994, and, in
addition, the Exchange requests permanent approval of the pilot
program.
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\3\For purposes of its pilot program, a public customer is a
customer whose orders are eligible to be placed on a CBOE limit
order book under Exchange Rule 7.4(a).
\4\See Debit Put Spread Approval Order, supra note 2.
\5\See Pilot Extension Order, supra note 2.
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The pilot program defines a ``debit put spread'' as ``a long put
position coupled with a short put position overlying the same broad-
based index and having an equivalent underlying aggregate index value,
where the short put(s) expires with the long put(s), and the strike
price of the long put(s) exceeds the strike price of the short
put(s).'' Under the terms of the pilot, only public customers approved
by the CBOE are permitted to participate in the pilot program. To
obtain the CBOE's approval, customers are required, among other things,
to hold a qualified stock portfolio or its equivalent that is composed
of net long positions in common stocks in at least four industry groups
and that contains at least twenty stocks, none of which accounts for
more than fifteen percent of the value of the portfolio. A portfolio
must meet these standards at all times, regardless of trading activity
in the stocks. In addition, the debit put spread positions must be
carried in an account with an Exchange member organization and the
qualified portfolio must be maintained with either an Exchange member
organization, another broker-dealer, a bank, or a securities
depository.
In conjunction with the creation of the pilot programs, the
Commission staff also issued no-action letters to the Amex and the CBOE
stating that the staff would not recommend enforcement action against
the Amex and the CBOE due to the operation of the pilot programs,
namely the maintenance of spread positions in a cash account.\6\ The
staff of the Board of Governors of the Federal Reserve System
(``Board'') also informed the Commission staff that Board staff would
not object to the Commission staff's issuance of these no-action
positions in connection with the pilot programs.\7\ As required by the
Debit Put Spread Approval Order, the CBOE submitted a report assessing
the effectiveness of the pilot program.\8\ In addition, as required
under the Pilot Extension Order, the CBOE has submitted a report dated
as of November 10, 1993, assessing the effectiveness of the pilot
program from January 1993 through September 1993.\9\ In its 1993 Pilot
Report, the CBOE states that no participant has operated in violation
of the pilot since its inception. As it concluded in its initial Pilot
Report, the CBOE states that the pilot program has provided an
efficient means for investors who are limited to cash account
transactions to effectively hedge their portfolios against market
declines. The CBOE states that it has neither experienced nor detected
any problems related to the pilot program and, in addition, that no
activity of any participant appeared to violate the requirements of the
pilot program or other Exchange Rules. The Exchange has found no
evidence of market manipulation or other negative impact on market
operations arising from the pilot program.
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\6\See Letter from Howard L. Kramer, Assistant Director,
Division of Market Regulation (``Division''), Commission, to Mary L.
Bender, First Vice President, Division of Regulatory Services, CBOE,
dated November 25, 1991, and Letter from Howard L. Kramer, Assistant
Director, Division, Commission, to James M. McNeil, Assistant Vice
President, Chief Examiner, Amex, dated November 25, 1991.
\7\See Letter from Laura Homer, Securities Credit Officer,
Board, to Howard L. Kramer, Assistant Director, Division,
Commission, dated July 12, 1991.
\8\See Letter from Mary L. Bender, First Vice President,
Division of Regulatory Services, CBOE, to Sharon Lawson, Assistant
Director, Division, Commission, dated October 1, 1992 (``Pilot
Report''). In the Pilot Report, the CBOE stated that the pilot
program has been an efficient means for investors that are limited
to cash account transactions to effectively hedge their portfolios
against declines in the market. The CBOE represented that it had
neither experienced nor detected any problems related to the pilot.
Moreover, the Exchange stated that no activity of any pilot
participant appeared violative of the program's requirements or
other Exchange rules, nor did Exchange studies find evidence of
market manipulation or other negative impact on market operations.
\9\See Letter from Mary L. Bender, CBOE, to Sharon Lawson,
Assistant Director, Division, Commission, dated November 10, 1993
(``1993 Pilot Report'').
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Accordingly, in order to allow the pilot to continue, the CBOE
requests an extension of the pilot program through December 31, 1994,
and permanent approval of the program at the time the Board staff
notifies the Commission that it does not object to such approval.
The CBOE believes that the proposed rule change is consistent with
section 6(b) of the Act, in general, and furthers the objectives of
section 6(b)(5), in particular, in that it is designed to facilitate
transactions in securities and to protect investors and the public
interest by allowing investors to hedge qualified portfolios against
market declines by purchasing and maintaining debit put spread
transactions in cash accounts.
(B) Self-Regulatory Organization's Statement on Burden on Competition
The CBOE does not believe that the proposed rule change will impose
any burden on competition.
(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing
for Commission Action
The CBOE has requested that the proposed rule change be given
accelerated effectiveness pursuant to section 19(b)(2) of the Act.
The Commission finds that the proposal to extend the pilot program
through December 31, 1994, is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to a national
securities exchange, and, in particular, the requirements of section
6.\10\ Specifically, the Commission believes, as it has previously
concluded,\11\ that this pilot program is designed to benefit qualified
public customers who are prohibited or restricted in their use of
margin accounts by facilitating their purchase of index option debit
put spreads. Specifically, because the purchaser of a debit put spread
uses the call premium to reduce the cost of purchasing the put, index
option put spreads provide investors with an affordable means to hedge
their portfolios against adverse market moves. In addition, to the
extent that the pilot program has increased index options transactions,
the program has benefited all options investors by contributing to the
depth and liquidity of the CBOE's options markets.
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\10\15 U.S.C. 78f(b)(5) (1988).
\11\See Debit Put Spread Approval Order, supra note 3.
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The Commission continues to believe that the economic
characteristics of index option debit put spreads permit an exception
to the application of Regulation T. In a debit put spread, the long put
entitles the spread exemption customer to receive payment when the
index reaches the put option's strike price; because the strike price
of the long put must exceed the strike price of the short put, the
spread exemption customer's right to receive payment under the long put
will offset any obligations he incurs from the sale of the short put.
Because the short position must expire with the long position, the
offset provided by the long put will last for the duration of the
spread exemption customer's obligation as a short put writer. In
addition, there is no risk that the short put will be exercised prior
to the long put because the exemption applies solely to European-style
options, which may be exercised only during a specified period prior to
expiration.
In its 1993 Pilot Report, the CBOE states that no participant has
operated in violation of the pilot since its inception, nor have the
CBOE's surveillance procedures revealed evidence of manipulation or
abuse of knowledge of impending expiration-related program trades for
each expiration Friday during the review period. The 1993 Pilot Report
indicates that the pilot program's 39 participants included
corporations, pension/retirement plans, non-profit organizations,
mutual funds, and individual or family trusts, the majority of which
were prohibited by contractual agreements from using margin accounts.
The debit put spreads of all of the participants were comprised of
Standard & Poor's (``S&P'') 500 Index (``SPX'') options with one to
four months remaining until expiration. During the review period the
total number of spreads effected on a monthly basis under the pilot
program each month ranged from 3,696 to 12,544.
On the basis of the 1993 Pilot Report, the Commission believes that
the debit put spread pilot program has facilitated the needs of
qualified public customers who are limited to cash account transactions
by providing them with an effective means to hedge their portfolios
against adverse market moves. At the same time, the 1993 Pilot Report
indicates that no pilot participant has violated the pilot's
parameters, nor has the Exchange discovered any market manipulation or
abuse in connection with the pilot program. For these reasons, the
Commission believes that the debit put spread pilot program has
provided qualified public customers with additional means to implement
their hedging strategies and, by facilitating index options
transactions, has benefited all options investors by contributing to
the depth and liquidity of the CBOE's options markets.
The Commission requests that the CBOE submit a report on the
continued operation of the pilot by September 30, 1994 in the event
that the pilot program has not been permanently approved by the
Commission prior to that date. The report should contain information
comparable to that provided in the 1993 Pilot Report. Additionally, the
Commission expects the CBOE to notify the Commission promptly of any
problems arising in connection with the pilot program.
The Commission finds good cause for approving the portion of the
CBOE's proposal extending the pilot program through December 31, 1994,
prior to the thirtieth day after the date of publication of notice
thereof in the Federal Register in order to allow the pilot program to
continue. In addition, because the Commission has received no comments
regarding the operation of the pilot program since its implementation,
and because the pilot program has been utilized by a number of
qualified public customers, the Commission believes that granting
accelerated approval of the CBOE's proposal is appropriate and
consistent with sections 19(b)(2) and 6(b)(5) of the Act.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing. Persons making written submissions
should file six copies thereof with the Secretary, Securities and
Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549.
Copies of the submissions all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person other than those that
may be withheld from the public in accordance with the provisions of 5
U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Section, 450 Fifth Street, NW.,
Washington, DC 20549. Copies of the filings will also be available for
inspection and copying at the principal office of the above-mentioned
self-regulatory organization. All submissions should refer to the File
No. SR-CBOE-93-60 and should be submitted by January 28, 1994.
It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\12\ that the portion of the proposal (SR-CBOE-93-60), relating to
an extension of the CBOE's debit put spread pilot program until
December 31, 1994, is approved.
\12\15 U.S.C. 78s(b)(2) (1982).
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For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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\13\17 CFR 200.30-3(a)(12) (1993).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-313 Filed 1-6-94; 8:45 am]
BILLING CODE 8010-01-M
Complete official Federal Register PDF
FR Doc. 94-312 Crown America Separate Account B
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1047-1048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-312]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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SECURITIES AND EXCHANGE COMMISSION
[Rel. No. IC-19990; No. 811-5746]
Crown America Separate Account B
December 30, 1993.
AGENCY: Securities and Exchange Commission (``SEC'' or ``Commission'').
ACTION: Notice of application for an Order under the Investment Company
Act of 1940 (the ``1940 Act'').
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APPLICANT: Crown America Separate Account B (``Applicant'').
RELEVANT 1940 ACT SECTION: Order requested under Section 8(f) of the
1940 Act.
SUMMARY OF APPLICATION: Applicant seeks an order declaring that it has
ceased to be an investment company as defined by the 1940 Act.
FILING DATE: The application was filed on September 30, 1993.
HEARING OR NOTIFICATION OF HEARING: An order granting the Application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the SEC's Secretary and
serving Applicant with a copy of the request, personally or by mail.
Hearing requests should be received by the SEC by 5:30 p.m. on January
24, 1994, and should be accompanied by proof of service on Applicant in
the form of an affidavit or, for lawyers, a certificate of service.
Hearing requests should state the nature of the requestor's interest,
the reason for the request, and the issues contested. Persons may
request notification of a hearing by writing to the Secretary of the
SEC.
ADDRESSES: Secretary, Securities and Exchange Commission, 450 5th
Street, NW., Washington, DC 20549. Applicant, 120 Bloor Street East,
Toronto, Canada M4W 1B8.
FOR FURTHER INFORMATION CONTACT: Yvonne M. Hunold, Senior Counsel, on
(202) 272-2676, or Michael V. Wible, Special Counsel, on (202) 272-
2060, Office of Insurance Products (Division of Investment Management).
SUPPLEMENTARY INFORMATION: Following is a summary of the application;
the complete application is available for a fee from the SEC's Public
Reference Branch.
Applicant's Representations
1. On December 14, 1988, the Applicant was established as a
separate account of Crown America Life Insurance Company (``Crown
America'') under Kentucky insurance law for the purpose of investing
payments received under certain variable annuity contracts issued by
Crown America.
2. On January 5, 1989, Applicant filed a notification of
registration as an investment company, unit investment trust, on Form
N-8A under section 8(a) of the 1940 Act (File No. 811-5746). Applicant
also filed on January 5, 1989, a registration statement on Form N-4
(File No. 33-26413) under the Securities Act of 1933 (``1933 Act'') for
a class of variable annuity contracts and, under Rule 24f-2 of the 1940
Act, registered an indefinite amount of securities under the 1933 Act.
This registration statement was declared effective on August 2, 1990.
However, no variable annuity contracts were sold under this
registration statement.
3. On February 1, 1991, Applicant filed a registration statement on
Form N-4 under the 1933 Act (File No. 33-38840) for a second class of
variable annuity contracts funded by the Applicant. Pursuant to Rule
24f-2 of the 1940 Act, Applicant registered an indefinite amount of
securities under the 1933 Act. This registration statement was declared
effective on June 10, 1991 and four variable annuity contracts were
sold under this registration statement.
4. Crown America Holding Company (``Crown Holding''), Crown
America's sole shareholder, entered into a Stock Purchase Agreement
(``Agreement''), dated May 12, 1993, with Keyport Life Insurance
Company (``Keyport''), to sell all of its issued and outstanding shares
of Crown America to Keyport. Crown Holding's shares of Crown America
consisted of its holdings in Applicant (File Number 811-5746), Crown
America Separate Account A (File Number 811-5777), and Crown America
Separate Account D (File Number 811-5747). The closing of the sale of
shares occurred on October 1, 1993. Under the Agreement, Crown Holding
agreed to take all reasonable steps to terminate the registration of
certain separate accounts, including Applicant. On September 27, 1993,
Crown America's Board of Directors adopted a resolution authorizing the
deregistration and termination of Applicant.
5. Applicant's only securities issued consisted of four variable
annuity contracts, all of which were surrendered and terminated by
February 19, 1992. Applicant's assets when the Contracts were
outstanding consisted of shares of the Annuity Management Series Trust.
All such shares were surrendered for their redemption proceeds, which
in turn were used to pay the surrender values on the Contracts. Since
the payment of surrender proceeds on termination of the Contracts, the
Applicant has had no assets or security holders and, accordingly, has
made no distributions to security holders in connection with the
winding-up of its affairs pursuant to its termination.
6. Crown America has paid or will pay all expenses incurred by all
parties in connection with the liquidation and termination of the
Applicant.
7. During the past 18 months, Applicant has not, for any reason,
transferred any of its assets to a separate trust, the beneficiaries of
which were or are security holders of the Applicant.
8. Applicant has retained no assets and has no security holders.
Applicant does not have any debts or other liabilities which remain
outstanding. Applicant is not a party to any litigation or
administrative proceeding.
9. Applicant is not now engaged, nor does it propose to engage, in
any business activities other than those necessary for the winding-up
of its affairs.
10. Applicant filed a final Form N-SAR with the Commission on March
2, 1993.
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-312 Filed 1-6-94; 8:45 am]
BILLING CODE 8010-01-M
Complete official Federal Register PDF
FR Doc. 94-311 Filings Under the Public Utility Holding Company Act of 1935 (``Act'')
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-311]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 35-25969]
Filings Under the Public Utility Holding Company Act of 1935
(``Act'')
December 30, 1993.
Notice is hereby given that the following filing(s) has/have been
made with the Commission pursuant to provisions of the Act and rules
promulgated thereunder. All interested persons are referred to the
application(s) and/or declaration(s) for complete statements of the
proposed transaction(s) summarized below. The application(s) and/or
declaration(s) and any amendments thereto is/are available for public
inspection through the Commission's Office of Public Reference.
Interested persons wishing to comment or request a hearing on the
application(s) and/or declaration(s) should submit their views in
writing by January 24, 1994 to the Secretary, Securities and Exchange
Commission, Washington, DC 20549, and serve a copy on the relevant
applicant(s) and/or declarant(s) at the address(es) specified below.
Proof of service (by affidavit or, in case of an attorney at law, by
certificate) should be filed with the request. Any request for hearing
shall identify specifically the issues of fact or law that are
disputed. A person who so requests will be notified of any hearing, if
ordered, and will receive a copy of any notice or order issued in the
matter. After said date, the application(s) and/or declaration(s), as
filed or as amended, may be granted and/or permitted to become
effective.
The Southern Company (70-8181)
The Southern Company (``Southern''), 64 Perimeter Center East,
Atlanta, Georgia 30346, a registered holding company, has filed a post-
effective amendment under sections 6(a) and 7 under the Act to their
declaration under sections 6(a), 7 and 12(e) of the Act and Rule 62
thereunder.
By order dated November 2, 1993 (HCAR No. 25917), Southern was
authorized to amend (``Amendment'') the fourth Article of its
Certificate of Incorporation in order to increase, from 500 million to
1 billion, the total number of shares of common stock, par value $5.00
per share, that Southern shall have authority to issue. By notice dated
April 9, 1993 (HCAR No. 25788), Southern was granted the authority to
solicit proxies from its shareholders in order to seek shareholder
approval of the Amendment at the annual meeting of shareholders.
Southern now proposes to effect a stock split in the form of a
stock distribution at any time on or prior to December 31, 1995.
Southern proposes to issue and distribute to the holders of record of
the then outstanding shares of common stock up to one additional share
of such stock for each share held at such time. The proposed stock
split would be effected pursuant to authorization by the Board of
Directors of Southern at such time as the Board considers the same to
be desirable and in the best interests of Southern and its
stockholders. The par value of the shares of common stock, $5.00 per
share, will not be affected by the proposed stock split.
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-311 Filed 1-6-94; 8:45 am]
BILLING CODE 8010-01-M
Complete official Federal Register PDF
FR Doc. 94-310 Lincoln Renaissance Fund, Inc., et al.; Notice of Application
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1048-1051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-310]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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SECURITIES AND EXCHANGE COMMISSION
[Rel. No. IC-19991; 812-8596]
Lincoln Renaissance Fund, Inc., et al.; Notice of Application
December 30, 1993.
Agency: Securities and Exchange Commission (``SEC'' or ``Commission'').
Action: Notice of application for exemption under the Investment
Company Act of 1940 (the ``Act'').
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APPLICANTS: Lincoln Renaissance Fund, Inc. (the ``Existing Fund''),
Lincoln National Investment Management Company (``LNIMC''), and LNC
Equity Sales Corporation (``LNC Equity Sales'').
RELEVANT ACT SECTIONS: Exemption requested under section 6(c) from
sections 2(a)(32), 2(a)(35), 18(f)(1), 18(g), 18(i), 22(c), and 22(d)
of the Act and rule 22c-1 thereunder.
SUMMARY OF APPLICATION: Applicants seek an order that would permit the
Existing Fund and its series to (a) issue multiple classes of shares
representing interests in the same portfolio of securities and (b)
assess and, under certain circumstances, waive a contingent deferred
sales charge (``CDSC'') on redemptions of shares.
FILING DATE: The application was filed on September 27, 1993, and
amended on November 23, 1993.
HEARING OR NOTIFICATION OF HEARING: An order granting the application
will be issued unless the SEC orders a hearing. Interested persons may
request a hearing by writing to the SEC's Secretary and serving
applicants with a copy of the request, personally or by mail. Hearing
requests should be received by the SEC by 5:30 p.m. on January 24,
1994, and should be accompanied by proof of service on the applicants,
in the form of an affidavit or, for lawyers, a certificate of service.
Hearing requests should state the nature of the writer's interest, the
reason for the request, and the issues contested. Persons may request
notification of a hearing by writing to the SEC's Secretary.
ADDRESSES: Secretary, SEC, 450 Fifth Street, NW., Washington, DC 20549.
Applicants, 1300 South Clinton Street, Fort Wayne, Indiana 46801.
FOR FURTHER INFORMATION CONTACT: Elaine M. Boggs, Staff Attorney, at
(202)272-3026, or Robert A. Robertson, Branch Chief, at (202)272-3030
(Division of Investment Management, Office of Investment Company
Regulation).
SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
SEC's Public Reference Branch.
Applicants' Representations
1. The Existing Fund is an open-end management investment company
registered under the Act consisting of nine series. LNIMC serves as the
Fund's investment adviser and LNC Equity Sales serves as distributor.
LNIMC and LNC Equity Sales are both wholly-owned subsidiaries of
Lincoln National Corporation (``Lincoln National'').
2. Applicants request that relief be extended to any investment
companies (a)(i) whose investment adviser or administrator is LNIMC, or
a person controlling, controlled, or under common control with LNIMC
(``Investment Adviser''), or (ii) whose principal underwriter is LNC
Equity Sales, or a person controlling, controlled, or under common
control with LNC Equity Sales (``Distributor'') and (b) that (i) are
within the same ``group of investment companies'' as that term is
defined in rule 11a-3 under the Act, and (ii) issue classes of shares
on a basis identical in all material respects to that described in the
application (collectively with the Existing Fund, the ``Funds'').
A. The Multiple Class Distribution System
1. Applicants propose to establish a multiple distribution
arrangement to enable each of the Funds, or series thereof, to create a
potentially unlimited number of classes representing different pricing
arrangements (the ``Alternative Purchase Plans''). Applicants initially
propose that each Fund, and series thereof, have the ability to offer
investors the option of purchasing classes of shares that would be
subject to a front-end sales load or subject to a CDSC, a combination
of front-end sales load and CDSC, or not subject to any such sales
charge. The shares offered pursuant to any of these options could be
subject to a 12b-1 plan. The sum of any front-end load, asset based
sales charge, and CDSC will not exceed the maximum sales charge
provided for in article III, section 26 of the Rules of Fair Practice
of the National Association of Securities Dealers (``NASD'').
2. The net asset value of all outstanding shares of the classes
would be computed separately for each class of shares by first
allocating gross income and expenses (other than rule 12b-1 fees, the
transfer agency fees of each class, and other incremental expenses
properly attributable to a particular class) to each class based on the
net assets attributable to each class at the beginning of the day and
then by separately recording the differing rule 12b-1 fees, transfer
agency fees of each class, and any other incremental expenses properly
attributable to the class. The net asset value attributable to each
shares of each class then would be calculated by dividing the net
assets calculated for each class by the number of shares outstanding in
that class.
3. Applicants propose an exchange program in which shares of a Fund
will be exchangeable for the same class, or a class with a similar
pricing structure, or another Fund. Under limited circumstances, shares
of a Fund may be exchangeable for a class of shares of the same or
another Fund with different pricing structures. For instance, shares
subject to a CDSC of certain retirement and deferred compensation plans
with total assets in excess of a specified dollar amount and whose
accounts are held directly with the Fund's transfer agent and for which
the transfer agent does individual account recordkeeping will be
exchangeable for shares of a class with lower 12b-1 fees. All exchanges
that are made at other than relative net asset value will be made in
accordance with rule 11a-3 under the Act.
4. Future classes may provide for a conversion feature in which
shares subject to a higher rule 12b-1 fee (``Higher 12b-1 Class'')
could convert, automatically after a period of time, to shares of
another class with a lower 12b-1 fee (``Lower 12b-1 Class''). With a
conversion feature, shares of Higher 12b-1 Classes would automatically
convert after the expiration of a set number of years after purchase to
shares of Lower 12b-1 Classes without the imposition of any additional
sales charge and thereafter be subject to the lower rule 12b-1 fee, if
any, applicable to the Lower 12b-1 Class.
B. The CDSC
1. Applicants also request an exemption to permit the Funds to
impose a CDSC on redemptions of shares of the Funds, and to waive the
CDSC under certain circumstances. No CDSC will be imposed on an amount
that represents an increase in the shareholder's account resulting from
capital appreciation or on those shares purchased more than a specified
period prior to redemption. Furthermore, no CDSC will be charged on
shares purchased prior to the effective date of the requested order.
2. Applicants seek the ability to waive the CDSC on redemptions (a)
following the death or disability, as defined in section 72(m)(7) of
the Internal Revenue Code of 1986 (the ``Code''), of a shareholder; (b)
in connection with distributions from a tax deferred retirement plan,
an individual retirement account, a custodial account maintained
pursuant to Code section 403(b)(7), or a pension plan or profit-sharing
plan when the redemptions are (i) after termination of employment or
retirement or, in the case of individual retirement accounts, after
attaining age 59\1/2\, (ii) resulting from the return of an excess
contribution, deferral amounts or aggregate contributions pursuant to
the Code, (iii) or resulting from the death or disability of employee,
(iv) by any 401(k) plan or pension, profit-sharing, stock bonus plans,
deferred compensation, or annuity plans under sections 401, 403(b)(7),
or 457 of the Code (``Benefit Plans'') whose accounts are held directly
with a Fund's transfer agent for which the transfer agent does
individual record keeping (``Direct Account Benefit Plans''), (v) of
shares of Benefit Plans sponsored by LNC Equity Sales (``Prototype
Benefit Plans''), (vi) of shares acquired with amounts used to repay a
loan from Direct Account Benefit Plans and on which a CDSC was
previously imposed, and (vii) by Direct Account Benefit Plans and
Prototype Benefit Plans which represent borrowings from such plans; (c)
by trust accounts following the death or disability of the beneficiary
or the grantor, trustee, or other fiduciary; (d) of shares purchased
through a LNC Equity Sales sales representative which were purchased
with the proceeds from the sale of any unaffiliated open-end investment
company other than a money market fund; (e) by profit-sharing or stock
bonus plans upon ``hardship'' of an employee, as determined by the
plan; (f) pursuant to a qualified domestic relations order, as defined
in section 414(p) of the Code; (g) by Direct Account Benefit Plans of
shares originally purchased subject to a CDSC and subsequently
exchanged for a Lower 12b-1 Class pursuant to an exchange privilege
afforded to such plans with total assets in excess of a specified
dollar amount; (h) of shares purchased with dividends or distributions
earned in other Funds; (i) made in connection with a systematic
withdrawal plan; and (j) by directors and officers of the Funds and
employees of LNIMC, LNC Equity Sales, and Lincoln National and their
subsidiaries.
3. In regards to waiver category (d) above, applicants will take
such steps as may be necessary to determine that the shareholder has
not paid a CDSC, fee, or other charge in connection with the redemption
of shares of such other open-end investment company, including, without
limitation, requiring the shareholder to provide a written
representation that neither a CDSC, fee, nor other charge was imposed
upon the redemption, and, in addition, either (a) requiring such
shareholder to provide an activity statement reflecting the redemption
that supports the shareholder's representation or (b) reviewing a copy
of the current prospectus of the other open-end investment company and
determining that such company does not impose a CDSC, fee, or other
charge in connection with the redemption of shares.
Applicants' Legal Analysis
1. Applicants request an exemption under section 6(c) from sections
18(f)(1), 18(g), and 18(i) of the Act to issue multiple classes of
shares representing interests in the same portfolio of securities.
Applicants believe that by implementing the multiple class distribution
system, the Funds would be able to facilitate the distribution of their
shares and provide a broad array of services without assuming excessive
accounting and bookkeeping costs. Applicants also believe that the
proposed allocation of expenses and voting rights in the manner
described above is equitable and would not discriminate against any
group of shareholders.
2. The proposed arrangement does not involve borrowings, and does
not affect the Funds' existing assets or reserves. The proposed
arrangement also will not increase the speculative character of the
shares of a Fund, since all such shares will participate in the Fund's
appreciation, income, and expenses in the manner described above.
3. Applicants also request an exemption under section 6(c) from
sections 2(a)(32), 2(a)(35), 22(c), and 22(d) of the Act and rule 22c-1
thereunder to assess and, under certain circumstances, waive a CDSC on
redemptions of shares. Applicants believe that their request to permit
the CDSC arrangement would place the purchaser in a better position
than if a sales load were imposed at the time of sale, since the
shareholder may have to pay only a reduced sales charge or no sales
charge at all.
Applicants' Conditions
A. The Multiple Class Distribution System
Applicants agree that any order granting the requested relief shall
be subject to the following conditions:
1. Each class of shares will represent interests in the same
portfolio of investments of a Fund, and will be identical in all
respects, except as set forth below. The only differences among the
classes of the same Fund will relate solely to: (a) The impact of the
disproportionate rule 12b-fees, any higher incremental transfer agency
costs attributable solely to the classes, and any other incremental
expenses subsequently identified that should be properly allocated to
one or more classes and which shall be approved by the SEC pursuant to
an amended order; (b) the fact that the classes will vote separately
with respect to the rule 12b-1 plan, if any, adopted by each class of
the Fund, except as set forth in condition 14 below; (c) the difference
in exchange privileges of the classes of shares; (d) the designation of
each class of shares of the Fund; and (e) the difference in conversion
features of the classes of shares.
2. The directors of a Fund, including a majority of the independent
directors, will approve the creation and issuance of any new classes of
shares in the Fund. The minutes of the meetings of the board of
directors of a Fund regarding the deliberations of the directors with
respect to the approvals necessary to add or change a class of shares
will reflect in detail the reasons for determining that offering any of
the proposed Alternative Purchase Plans is in the best interests of the
Fund and its shareholders.
3. On an ongoing basis, the directors of a Fund, pursuant to their
fiduciary responsibilities under the Act and otherwise, will monitor
the Fund for the existence of any material conflicts between the
interests of the various classes of shares offered by the Fund. The
directors, including a majority of the independent directors, shall
take such action as is reasonably necessary to eliminate any such
conflicts that may develop. The Investment Adviser and the Distributor
will be responsible for reporting any potential or existing conflicts
to the boards of directors. If a conflict arises, the Investment
Adviser and the Distributor at their own cost will remedy such conflict
up to and including, if necessary, establishing new registered
management investment companies.
4. The directors of the Funds with regard to Funds with rule 12b-1
plans will receive quarterly and annual statements concerning
distribution and shareholder servicing expenditures complying with
paragraph (b)(3)(ii) of rule 12b-1, as it may be amended from time to
time. In the statements, only expenditures properly attributable to the
sale or servicing of a particular class of shares will be used to
justify the rule 12b-1 fee charged to that class. Expenditures not
related to the sale or servicing of a particular class will not be
presented to the directors to justify rule 12b-1 fees charged to
shareholders of that class. The statements, including the allocations
upon which they are based, will be subject to the review and approval
of the independent directors in the exercise of their fiduciary duties.
5. Dividends paid by a Fund with respect to its various classes of
shares, to the extent any dividends are paid, will be calculated in the
same manner, at the same time on the same day, and will be in the same
amount, except that rule 12b-1 fee payments relating to each respective
class of shares will be borne exclusively by that class and except that
any higher incremental transfer agency costs attributable solely to one
class will be borne exclusively by that class.
6. The methodology and procedures for calculating the net asset
value and dividends and distributions of multiple classes and the
proper allocation of expenses among them has been reviewed by an expert
(the ``Independent Examiner'') which has rendered a report to
applicants, which has been provided to the staff of the SEC, that such
methodology and procedures are adequate to ensure that such
calculations and allocations will be made in an appropriate manner. On
an ongoing basis, the Independent Examiner, or an appropriate
substitute Independent Examiner, will monitor the manner in which the
calculations and allocations are being made and, based upon such
review, will render at least annually a report to the Funds that the
calculations and allocations are being made properly. The reports of
the Independent Examiner shall be filed as part of the periodic reports
filed with the SEC pursuant to sections 30(a) and 30(b)(1) of the Act.
The work papers of the Independent Examiner with respect to such
reports, following request by a Fund (which each Fund agrees to
provide), will be available for inspection by the SEC staff upon the
written request to a Fund for such work papers by a senior member of
the Division of Investment Management, limited to the Director, an
Associate Director, the Chief Accountant, the Chief Financial Analyst,
an Assistant Director, and any Regional Administrators or Associate and
Assistant Administrators. The initial report of the Independent
Examiner is a ``report on policies and procedures placed in operation''
and the ongoing reports will be ``reports on policies and procedures
placed in operation and tests of operating effectiveness'' as defined
and described in SAS No. 70 of the AICPA, as it may be amended from
time to time, or in similar auditing standards as may be adopted by the
AICPA from time to time.
7. Applicants have adequate facilities in place to ensure
implementation of the methodology and procedures for calculating the
net asset value and dividends and distributions of the various classes
of shares and the proper allocation of expenses among the various
classes of shares and this representation has been concurred with by
the Independent Examiner in the initial report referred to in condition
(6) above and will be concurred with by the Independent Examiner, or an
appropriate substitute Independent Examiner, on an ongoing basis at
least annually in the ongoing reports referred to in condition (6)
above. Applicants will take immediate corrective measures if this
representation is not concurred in by the Independent Examiner or an
appropriate substitute Independent Examiner.
8. The prospectuses of the Funds will contain a statement to the
effect that a salesperson and any other person entitled to receive
compensation for selling or servicing Fund shares may receive different
levels of compensation with respect to one particular class of shares
over another in a Fund.
9. The Distributor will adopt compliance standards as to when each
class of shares may appropriately be sold to particular investors.
Applicants will require all persons selling shares of the Funds to
agree to conform to such standards.
10. The conditions pursuant to which the exemptive order is granted
and the duties and responsibilities of the boards of directors of the
Funds with respect to the Alternative Purchase Plans will be set forth
in guidelines which will be furnished to the boards of directors.
11. Each Fund will disclose the expenses, performance data,
distribution arrangements, services, fees, sales loads, deferred sales
loads, conversion features, and exchange privileges applicable to each
class of shares of the Fund in every prospectus, regardless of whether
all classes of shares are offered through each prospectus. Each Fund
will disclose the respective expenses and performance data applicable
to all classes of shares in every shareholder report. The shareholder
reports will contain, in the statement of assets and liabilities and
statement of operations, information related to a Fund as a whole
generally and not on a per class basis. A Fund's per share data,
however, will be prepared on a per class basis with respect to all
classes of shares of such Fund. To the extent any advertisement or
sales literature describes the expenses or performance data applicable
to any class of shares, it will also disclose the expenses and/or
performance data applicable to all classes of shares. The information
provided by applicants for publication in any newspaper or similar
listing of a Fund's net asset value and public offering price will
present each outstanding class of shares separately.
12. Applicants acknowledge that the grant of the exemptive order
requested by the application will not imply SEC approval,
authorization, or acquiescence in any particular level of payments that
the Funds may make pursuant to rule 12b-1 plans in reliance on the
exemptive order.
13. Any class of shares with a conversion feature (``Purchase
Class'') will convert into another class (``Target Class'') of shares
on the basis of the relative net asset values of the two classes,
without the imposition of any sales load, fee, or other charge. After
conversion, the converted shares will be subject to an asset-based
sales charge and/or service fee (as those terms are defined in article
III, section 26 of the NASD's Rules of Fair Practice), if any, that in
the aggregate are lower than the asset-based sales charge and service
fee to which they were subject prior to the conversion.
14. If a Fund implements any amendment to a rule 12b-1 plan (or, if
presented to shareholders, adopts or implements any amendment to a non-
rule 12b-1 shareholder services plan) that would increase materially
the amount that may be borne by a Target Class under the plan, existing
Purchase Class shares will stop converting into shares of such Target
Class unless Purchase Class, voting separately as a class, approve the
amendment. The directors shall take such action as is necessary to
ensure that existing Purchase Class shares and exchanged or converted
into a new class of shares (``New Target Class''), identical in all
material respects to Target Class shares as they existed prior to
implementation of the amendment, no later than the date such shares
previously were scheduled to convert into Target Class shares. If
deemed advisable by the board of directors to implement the foregoing,
such action may include the exchange of all existing Purchase Class
shares for a new class (``New Purchase Class'') of shares, identical to
existing Purchase Class shares in all material respects except that the
New Purchase Class will convert into the New Target Class. The New
Target Class and New Purchase Class may be formed without further
exemptive relief. Exchanges or conversions described in this condition
shall be effected in a manner that the board of directors reasonably
believe will not be subject to federal taxation. In accordance with
condition 3, any additional cost associated with the creation,
exchange, or conversion of the New Target Class or New Purchase Class
shall be borne solely by the Investment Adviser and the Distributor.
Purchase Class shares sold after the implementation of the amendment
may convert into Target Class shares subject to the higher maximum
payment, provided that the material features of the Target Class plan
and the relationship of such plan to the Purchase Class are disclosed
in an effective registration statement.
B. The CDSC
1. Applicants will comply with the provisions of proposed rule 6c-
10 under the Act (Investment Company Act Release No. 16619 (Nov. 2,
1988)), as such rule is currently proposed and as it may be reproposed,
adopted or amended.
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-310 Filed 1-6-94; 8:45 am]
BILLING CODE 8010-01-M
Complete official Federal Register PDF
FR Doc. 94-308 Notice of Intent To Prepare a Draft Environmental Impact Statement (DEIS) for the Conversion of the Former University of Minnesota Technical College in Waseca, MN
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-308]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
Notice of Intent To Prepare a Draft Environmental Impact
Statement (DEIS) for the Conversion of the Former University of
Minnesota Technical College in Waseca, MN
AGENCY: U.S. Department of Justice, Federal Bureau of Prisons.
ACTION: Notice of intent to prepare a Draft Environmental Impact
Statement (DEIS).
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SUMMARY:
Proposed Action
The United States Department of Justice, Federal Bureau of Prisons
has determined that a Federal Correctional Institution (FCI) is needed
in its system.
The Federal Bureau of Prisons has preliminarily evaluated the
former technical college for conversion potential and proposes to
convert the existing campus to correctional use to house 1,100
sentenced low-security male inmates. The facility appears to be
technically suitable for use as a correctional institution, and the EIS
will address the environmental consequences of converting the facility
to correctional use.
The proposed site is approximately 90 acres located in the
Southwest corner of the City of Waseca, Waseca County, Minnesota. The
property is bound on the North by Seventh Avenue SW., on the South by
County Road 57, on the East by Sixth Street SW., and on the West by
College Parkway.
It is anticipated that the former campus buildings and grounds are
of sufficient size to provide space for housing, programs, services and
support areas as well as administration, parking and staff training.
The Process
In the process of evaluating the site, several aspects will receive
detailed examination including: utilities, traffic patterns, noise
levels, visual intrusion, threatened and endangered species, cultural
resources and socio-economic impacts.
Alternatives
The Bureau's plans are site specific, in that the former campus has
been offered to the Federal Bureau of Prisons via donation. Thus,
alternatives other than the Waseca Technical College buildings and
grounds are not being evaluated or considered. In development of the
DEIS, the option of ``no action'' is being fully and thoroughly
examined.
Scoping Process
During the preparation of the DEIS, there will be opportunities for
public involvement in order to determine the issues to be examined. A
Scoping Meeting will be held at 7 p.m. on Thursday, January 20, 1994 at
the Waseca High School Little Theater. The meeting will be well
publicized and will be held at a time which will make it possible for
the public and interested agencies or organizations to attend. In
addition, public information meetings have been held by representatives
of the Bureau of Prisons with interested citizens, officials and
community leaders.
DEIS Preparation
Public notice will be given concerning the availability of the DEIS
for public review and comment.
ADDRESSES: Questions concerning the proposed action and the DEIS can be
directed to: K. Bradley Wiggins, Site Selection and Environmental
Review Specialist, Federal Bureau of Prisons, 320 First Street, NW.,
Washington, DC 20534, (202) 514-8697.
Dated: January 3, 1994.
Patricia K. Sledge,
Chief, Site Selection and Environmental Review Branch.
[FR Doc. 94-308 Filed 1-6-94; 8:45 am]
BILLING CODE 4410-5-M
Complete official Federal Register PDF
FR Doc. 94-307 Solicitation for Proposals for the Provision of Civil Legal Services to the Fort Apache Area of Arizona
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-307]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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LEGAL SERVICES CORPORATION
Solicitation for Proposals for the Provision of Civil Legal
Services to the Fort Apache Area of Arizona
AGENCY: Legal Services Corporation.
ACTION: Solicitation for proposals.
-----------------------------------------------------------------------
SUMMARY: The Legal Services Corporation (LSC) is soliciting proposals
to provide effective, efficient, and high quality civil legal services
in 1994 to the LSC-eligible Native American client population in the
Fort Apache Indian Reservation Area.
DATES: Proposals must be received by 5 p.m., February 17, 1994.
ADDRESSES: A solicitation package, containing the grant application
guidelines, proposal content requirements, and specific selection
criteria, is available from the Grants and Budget Division, Office of
Program Services, Legal Services Corporation, 750 First Street, NE,
11th Floor, Washington, DC 20002-4250.
FOR FURTHER INFORMATION CONTACT: Phyllis Doriot, Manager, Grants and
Budget Division, Office of Program Services, (202) 336-8825.
SUPPLEMENTARY INFORMATION: The Legal Services Corporation is the
national organization charged with administering federal funds provided
for civil legal service to the poor. LSC is seeking applicants from the
private bar and other organizations (including currently funded LSC
grantees) with a demonstrated sensitivity and commitment to deliver
services to low-income persons, to provide civil legal services to the
Native Americans in the Fort Apache area.
The grant amount, $104,468, is nine-twelfths of the Native American
funds for this area mandated by the 1994 LSC Appropriations Act.
The selected applicant will be awarded a one-time, nonrecurring
grant that will begin no earlier than April 1, 1994, and will end on
December 31, 1994. This one-time grant will be awarded pursuant to
authority conferred by sections 1006(a)(1)(B) of the Legal Services
Corporation Act of 1974 (LSC Act), as amended.
Dated: January 3, 1994.
Ellen J. Smead,
Director, Office of Program Services.
[FR Doc. 94-307 Filed 1-6-94; 8:45 am]
BILLING CODE 7050-01-P
Complete official Federal Register PDF
FR Doc. 94-306 Operation of Glen Canyon Dam, Colorado River Storage Project, Arizona
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1023-1024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-306]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF THE INTERIOR
Operation of Glen Canyon Dam, Colorado River Storage Project,
Arizona
AGENCY: Bureau of Reclamation, Interior.
ACTION: Notice of availability and notice of public hearings on the
draft environmental impact statement; INT-DES-94-01.
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SUMMARY: In response to a July 27, 1989, directive from the Secretary
of the Interior and pursuant to section 102(2)(C) of the National
Environmental Policy Act of 1969, as amended, and in accordance with
the Grand Canyon Protection Act of 1992, the Bureau of Reclamation
(Reclamation) has prepared a draft environmental impact statement
(DEIS) on the operation of Glen Canyon Dam, Colorado River Storage
Project in Arizona. The DEIS evaluates nine alternatives, including no
action, and analyzes their impacts on downstream environmental and
cultural resources and Native American interests in Glen and Grand
Canyons. Seven public hearings will be held to receive comments from
interested organizations and individuals on the environmental impacts
of the proposal.
DATES AND LOCATIONS: A 90-day public review period begins with the
publication of this notice. Written comments on the DEIS should be
submitted to the Colorado River Studies Office by April 11, 1994.
Public hearings on the DEIS will be held on the following dates at
the locations indicated. Address requests to speak at the hearings to
the Colorado River Studies Office at the address provided on the
following page.
March 7, 1994, Los Angeles, California: Burbank Airport
Hilton, 2500 Hollywood Way, Burbank CA 91505, 7 to 9:30 p.m.
March 9, 1994, San Francisco, California: Fort Mason
Center, Golden Gate National Recreation Area, San Francisco CA 94123, 7
to 9:30 p.m.
March 14, 1994, Phoenix, Arizona: YWCA, 9440 North 25th
Avenue, Phoenix AZ 91505, 7 to 9:30 p.m.
March 15, 1994, Flagstaff, Arizona: Little America, 2515
East Butler Avenue, Flagstaff AZ 86003, 7 to 9:30 p.m.
March 17, 1994, Salt Lake City, Utah: Salt Lake Hilton,
150 West 500 South, Salt Lake City UT 84101, 7 to 9:30 p.m.
March 21, 1994, Denver, Colorado: Marriott Denver West,
1717 Denver West Marriott Boulevard, Golden CO 80401, 7 to 9:30 p.m.
March 24, 1994, Washington, DC: Dirksen Senate Office
Building, room 562, 2 to 4:30 p.m.; Stouffer Concourse (Crystal City),
2399 Jefferson Davis Highway, Arlington VA 22202, 7 to 9:30 p.m.
ADDRESSES: Written comments on the DEIS, requests for copies, and
requests to testify should be addressed to: Mr. Lee J. McQuivey,
Colorado River Studies Office, Bureau of Reclamation, Attention: UC-
1500, PO Box 11568, 125 South State Street, Salt Lake City UT 84147;
telephone: (801) 524-5479.
Copies of the DEIS are available for inspection at the address
above and also at the following locations:
Office of the Commissioner, Bureau of Reclamation,
Technical Liaison Division, 1849 C Street, NW., Washington DC 20240.
Denver Office, Bureau of Reclamation, Library, room 167,
Building 67, Denver Federal Center, Denver CO 80225.
Upper Colorado Regional Office, Bureau of Reclamation,
Library, room 7101, 125 South State Street, Salt Lake City UT 84147.
Center for Environmental Studies, Arizona State
University, 905 South Mill Avenue, Tempe AZ 85287-3211.
Glen Canyon Environmental Studies Office, Security Bank
Building, 121 East Birch, room 307, Flagstaff AZ 86002.
Libraries
Arizona
Arizona Department of Water Resources Library, Phoenix.
Arizona State Library, Department of Library, Archives and Public
Records, Phoenix.
Arizona State Regional Library for the Blind and Physically
Handicapped, Phoenix.
Arizona State University, Noble Science and Engineering Library,
Tempe.
Arizona State University, Hayden Library, Tempe.
Flagstaff City-Coconino County Public Library, Flagstaff.
Grand Canyon Community Library, Grand Canyon.
Maricopa County Library, Phoenix.
Mesa Public Library, Mesa.
Mohave County Library/Kingman Public Library, Kingman.
Northern Arizona University, Cline Library, Flagstaff.
Page Public Library, Page.
Phoenix City Library, Phoenix.
Scottsdale Public Library, Scottsdale.
Tempe Public Library, Tempe.
Tucson Public Library, Tucson.
University of Arizona Library, Tucson.
California
California State Library, Sacramento.
California State University, Hayward Library, Hayward.
California State University, University Library, Los Angeles.
Colorado River Board of California Library, Glendale.
Environmental Protection Agency, Regional IX Library, San
Francisco.
Los Angeles Public Library, Los Angeles.
Los Angeles Public Library, Water and Power Section, Los Angeles.
San Francisco Public Library, San Francisco.
Stanford University Libraries, Stanford.
University of California, General Library, Berkeley.
University of California, University Research Library, Los Angeles.
University of California, Shields Library, Davis.
University of Southern California, Doheny Memorial Library, Los
Angeles.
Colorado
Colorado State University Libraries, Fort Collins.
Denver Central Library, Denver.
University of Colorado at Boulder, Norlin Library, Boulder.
University of Denver, Penrose Library, Denver.
U.S. Air Force Academy, Academy Library, Colorado Springs.
Nevada
Boulder City Library, Boulder City.
Clark County Library District, Las Vegas.
Nevada State Library, Carson City.
University of Nevada, Reno Library, Reno.
University of Nevada at Las Vegas, James Dickinson Library, Las
Vegas.
New Mexico
Albuquerque Public Library, Albuquerque.
New Mexico State Library, Santa Fe.
New Mexico State University, Las Cruces.
University of New Mexico, Albuquerque.
Utah
Brigham Young University, Harold B. Lee Library, Provo.
Cedar City Public Library, Cedar City.
Kanab City Library, Kanab.
Moab Public Library, Moab.
Salt Lake City Public Library, Salt Lake City.
Salt Lake County Library System, Salt Lake City.
Southern Utah State University Library, Cedar City.
University of Utah, Marriott Library, Salt Lake City.
Utah State University, Merrill Library, Logan.
Utah State Library, Salt Lake City.
Washington County Library, St. George.
Weber State University Stewart Library Ogden.
Wyoming
Laramie County Library System, Cheyenne.
Rock Springs Public Library, Rock Springs.
University of Wyoming, Coe Library, Laramie.
Wyoming State Library, Cheyenne.
Washington, DC
District of Columbia Public Library.
Library of Congress.
Natural Resources Library, Department of the Interior.
Other States--any U.S. Government Regional Depository Library.
FOR FURTHER INFORMATION CONTACT: Mr. Lee J. McQuivey, Colorado River
Studies Office, Bureau of Reclamation, PO Box 11568, Salt Lake City UT
84147; telephone: (801) 524-5479.
SUPPLEMENTARY INFORMATION: The Secretary of the Interior called for a
reevaluation of dam operations to determine specific options that could
be implemented, consistent with law, to minimize adverse impacts on the
downstream environmental and cultural resources and Native American
interests in Glen and Grand Canyons.
In accordance with the National Environmental Policy Act and the
Grand Canyon Protection Act of 1992, Reclamation has prepared a DEIS in
cooperation with other Interior agencies--Bureau of Indian Affairs,
Fish and Wildlife Service, and National Park Service. Other cooperating
agencies are the Department of Energy's Western Area Power
Administration, Arizona Game and Fish Department, Hopi Tribe, Hualapai
Tribe, Navajo Nation, Pueblo of Zuni, San Juan Southern Paiute Tribe,
and the Southern Utah Paiute Consortium.
The DEIS presents analyses of the impacts of nine alternatives for
operating Glen Canyon Dam. Two alternatives, including no action, would
allow unrestricted hourly fluctuations in riverflow; four would provide
various levels of restricted fluctuating flows; and three would provide
steady flows. Additional measures have been combined with the
alternative operations, where appropriate, to provide additional
resource protection or enhancement. The preferred alternative is the
Modified Low Fluctuating Flow Alternative.
Hearing Process Information
Those wishing to request time to make comments at the public
hearing should write or call the Bureau of Reclamation Regional Office
in Salt Lake City, Utah. The address and telephone number are listed
above. Requests should be received on or before February 28, 1994, and
should indicate where the speaker wishes to appear. Speakers will be
called upon to present their comments in the order in which their
requests were received. Requests to speak also may be made at each
hearing. These commentors will be called on after the advance request
speakers. Oral comments will be limited to 5 minutes per individual.
For inclusion in the hearing record, written comments from those
unable to attend the hearing or wishing to supplement their oral
presentation should be received at the Bureau of Reclamation Regional
Office in Salt Lake City by April 11, 1994.
Dated: January 3, 1994.
Jonathan Deason,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 94-306 Filed 1-6-94; 8:45 am]
BILLING CODE 4310-94-M
Complete official Federal Register PDF
FR Doc. 94-305 Presenting and Commissioning Advisory Panel; Meetings
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1036-1037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-305]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Presenting and Commissioning Advisory Panel; Meetings
Pursuant to section 10(a)(2) of the Federal Advisory Committee Act
(Pub. L. 92-463), as amended, notice is hereby given that a meeting of
the Presenting and Commissioning Advisory Panel (Commissioning Projects
Section) to the National Council on the Arts will be held on January
25-28, 1994. The panel will meet from 9 a.m. to 6:30 p.m. on January
25-27, 1994, and from 9 to 5 p.m. on January 28, 1994.
This meeting will be held in room 716, at the Nancy Hanks Center,
1100 Pennsylvania Avenue, NW., Washington, DC, 20506.
A portion of this meeting will be open to the public on January 28,
1994 from 1:30 p.m. to 5 p.m. for a Round IV policy review.
The remaining portions of this meeting from 9 a.m. to 6:30 p.m. on
January 25 to January 27, 1994 and from 9 a.m. to 1:30 p.m. on January
28, 1994, are for the purpose of panel review, discussion, evaluation,
and recommendation on applications for financial assistance under the
National Foundation on the Arts and the Humanities Act of 1965, as
amended, including information given in confidence to the agency by
grant applicants. In accordance with the determination of the Chairman
of November 24, 1992, these sessions will be closed to the public
pursuant to subsection (c)(4), (6)(B) of section 552b of title 5,
United States Code.
Any person may observe meetings, or portions thereof, of advisory
panels which are open to the public, and may be permitted to
participate in the panel's discussions at the discretion of the panel
chairman and with the approval of the full-time Federal employee in
attendance.
If you need special accommodations due to a disability, please
contact the Office of Special Constituencies, National Endowment for
the Arts, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, 202/682-
5532, TTY 202/682-5496, at least seven (7) days prior to the meeting.
Further information with reference to this meeting can be obtained
from Ms. Yvonne Sabine, Committee Management Officer, National
Endowment for the Arts, Washington, DC 20506, or call 202/682-5439.
Dated: January 3, 1994.
Yvonne M. Sabine,
Director, Office of Panel Operation, National Endowment for the Arts.
[FR Doc. 94-305 Filed 1-6-94; 8:45 am]
BILLING CODE 7537-01-M
Complete official Federal Register PDF
FR Doc. 94-304 Music Advisory Panel; Meeting
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-304]
[[Page Unknown]]
[Federal Register: January 7, 1994]
=======================================================================
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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Music Advisory Panel; Meeting
Pursuant to section 10(a)(2) of the Federal Advisory Committee Act
(Pub. L. 92-463), as amended, notice is hereby given that a meeting of
the Music Advisory Panel (Chamber Music/Jazz Ensembles/Composer in
Residence Section) to the National Council on the Arts will be held on
January 24-28, 1994. The panel will meet from 9 a.m. to 5:30 p.m. on
January 24-27, 1994 and from 9 a.m. to 5 p.m. on January 28, 1994. This
meeting will be held in room M-07, at the Nancy Hanks Center, 1100
Pennsylvania Avenue, NW., Washington, DC 20506.
Portions of this meeting will be open to the public from 2 p.m. to
2:30 p.m. on January 24, 1994 for a discussion of policy and guidelines
for the Composer in Residence category; and on January 28, 1994, from 4
p.m. to 5 p.m. for a discussion of policy and guidelines for the
Chamber Music/Jazz Ensembles categories.
The remaining portions of this meeting, from 9 a.m. to 2 p.m. and
from 2:30 p.m. to 5:30 p.m. on January 24, 1994; from 9 a.m. to 5:30
p.m. on January 25-27, 1994; and from 9 a.m. to 4 p.m. on January 28,
1994 are for the purpose of Panel review, discussion, evaluation, and
recommendation on applications for financial assistance under the
National Foundation of the Arts and the Humanities Act of 1965, as
amended, including information given in confidence to the agency by
grant applicants. In accordance with the determination of the Chairman
of November 24, 1992, these sessions will be closed to the public
pursuant to subsection (c)(4), (6) and (9)(B) of section 552b of title
5, United States Code.
Any person may observe meetings, or portions thereof, of advisory
panels which are open to the public, and may be permitted to
participate in the panel's discussions at the discretion of the panel
chairman and with the approval of the full-time Federal employee in
attendance.
If you need special accommodations due to a disability, please
contact the Office of Special Constituencies, National Endowment for
the Arts, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, 202/682-
5532, TTY 202/682-5496, at least seven (7) days prior to the meeting.
Further information with reference to this meeting can be obtained
from Ms. Yvonne Sabine, Committee Management Officer, National
Endowment for the Arts, Washington, DC 20506, or call 202/682-5439.
Dated: January 3, 1994.
Yvonne M. Sabine,
Director, Office of Panel Operation, National Endowment for the Arts.
[FR Doc. 94-304 Filed 1-6-94; 8:45 am]
BILLING CODE 7537-01-M
Complete official Federal Register PDF
FR Doc. 94-303 Defense Environmental Response Task Force
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-303]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF DEFENSE
Defense Environmental Response Task Force
AGENCY: Office of the Deputy Under Secretary of Defense (Environmental
Security).
ACTION: Notice of business meeting and hearing.
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SUMMARY: Pursuant to Public Law 92-463, notice is hereby given of a
business meeting and hearing of the Defense Environmental Response Task
Force. The purpose of the meeting is to follow up on the September 23,
1993, meeting and to present and discuss three draft issue papers on
the environmental baseline survey, leasing, and the implementation of
fast-track cleanup. The task force also will discuss ways to expedite
and improve environmental response actions at military installations
that are being closed or realigned pursuant to Public Law 100-536 and
Public Law 101-510. The business meeting and hearing will be open to
the public. Public witnesses desiring to speak before the Task Force
should contact LTC William Andrews, USA, Task Force Executive
Secretary, and prepare a written statement that can be summarized
orally before the Task Force at the time to be fixed for public
witnesses. Written statements must be received by the close of
business, January 19, 1993, at the Office of the Deputy Under Secretary
of Defense (Environmental Security).
DATES: January 26, 1993, 8 a.m.-5:30 p.m.
ADDRESSES: San Francisco Hilton & Towers, 333 O'Farrell Street, San
Francisco, CA 94102-2189, Telephone (415) 771-1400.
FOR FURTHER INFORMATION, CONTACT: LTC William Andrews, USA, Task Force
Executive Secretary, Office of the Deputy Under Secretary of Defense
(Environmental Security), RM-3C771, the Pentagon, Washington, DC,
20301-8000, telephone (703) 697-7475 or (703) 697-9793.
Dated: January 2, 1994.
L. M. Bynum,
Alternate OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. 94-303 Filed 1-6-94; 8:45 am]
BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 94-302 Addendum to the Environmental Impact Statement for the Modification of Military Special Use Airspace To Support the 140th Fighter Wing, Colorado Air National Guard Buckley Air National Guard Base, Aurora, Colorado; Notice of Intent
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-302]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF DEFENSE
Department of the Air Force
Addendum to the Environmental Impact Statement for the
Modification of Military Special Use Airspace To Support the 140th
Fighter Wing, Colorado Air National Guard Buckley Air National Guard
Base, Aurora, Colorado; Notice of Intent
The United States Air Force and the Air National Guard are
announcing an addendum to the Colorado Airspace Initiative
Environmental Impact Statement (EIS).
The addendum modifies proposed actions and alternatives to the
Colorado Airspace Initiative Environmental Impact Statement as a result
of the recently enacted Colorado Wilderness Act of 1993 and the Air
National Guard's policy regarding aircraft overflight of Wilderness and
Wild & Scenic River Areas.
The Air Force and Air National Guard are planning to conduct a
Scoping meeting at the Blanca/Fort Garland Community Center, Fort
Garland, Colorado, February 1, 1994, 5 p.m. ending at approximately 10
p.m. Additional nights will be scheduled depending upon attendance and
will be announced at the meeting.
The purpose of this meeting is to present information concerning
the addendum and to solicit public input with respect to issues to be
addressed, effort to be expended, and alternatives that should be
addressed in the EIS. Questions or clarifications concerning the
proposal or any other information presented will be answered as they
relate to the scope of the effort anticipated.
The Scoping meeting will include opportunities for clarification of
the addendum and statements from representatives of government agencies
and the public. To ensure the maximum opportunity for public
participation, initial presentations and questions by individuals will
be limited to a maximum of five minutes until all those desiring an
opportunity to speak have been accommodated. Additional presentations
and questions will be accepted at the end of the meeting. Submission of
written comments and questions will be accepted. Submission of written
comments is encouraged but is not required. Written comments and
questions of any length submitted at the meeting or during the public
comment period will be considered in their entirety.
To ensure the Air Force and the Air National Guard have sufficient
time to consider public input on issues and alternatives in the
preparation of the Draft EIS, comments should be submitted to the
address below by February 28, 1994. The Air Force and Air National
Guard will accept comments at the address below at any time during the
environmental impact analysis process.
For further information concerning the addendum, preparation of the
EIS for the Colorado Airspace Initiative, or to provide written
comment, contact:
Environmental Support, Air National Guard Readiness Center, ANGRC/CEVS,
Attention: Mr. Harry A. Knudsen, Jr., 3500 Fetchet Avenue, Mail Stop
18, Andrews Air Force Base, MD 20331-5157, Telephone: (301) 981-8143.
List of Subjects
Environmental Protection, Environmental Impact Statement, US Air
Force-Air National Guard, Buckley ANGB, Colorado, Notice of Intent
Addendum to the Environmental Impact Statement for the Modifications of
Military Special Use Airspace to Support the 140th Fighter Wing,
Colorado Air National Guard Buckley Air National Guard Base, Aurora,
Colorado.
Patsy J. Conner,
Air Force Federal Register Liaison Officer.
[FR Doc. 94-302 Filed 1-6-94; 8:45 am]
BILLING CODE 3910-01-W
Complete official Federal Register PDF
FR Doc. 94-287 The Kansas City Southern Railway CompanyMerger Exemption MidSouth Corporation, MidSouth Rail Corporation, SouthRail Corporation, MidLouisiana Rail Corporation, and TenRail Corporation; Notice of Exemption
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1028-1029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-287]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32405]
The Kansas City Southern Railway Company--Merger Exemption--
MidSouth Corporation, MidSouth Rail Corporation, SouthRail Corporation,
MidLouisiana Rail Corporation, and TenRail Corporation; Notice of
Exemption
On December 20, 1993, The Kansas City Southern Railway Company
(KCSR), a class I common rail carrier, and MidSouth Corporation (MSC),
a noncarrier, and its common carrier rail subsidiaries described below,
jointly filed a notice of exemption under 49 CFR 1180.2(d)(3), for: (1)
The merger of MSC and its subsidiaries1, with MSC being the
surviving entity and (2) the subsequent merger of MSC and KCSR, with
KCSR being the surviving entity.
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\1\MidSouth Rail Corporation (MSR), SouthRail Corporation (SR),
MidLouisiana Rail Corporation (MLR), and TenRail Corporation (TR).
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KCSR, a class I carrier, and MSC, a regional railroad holding
company that provides freight transportation through its common carrier
subsidiaries, are both wholly owned subsidiaries of Kansas City
Southern Industries, Inc. (KCSI).2
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\2\On June 7, 1993, K&M Newco., Inc. (K&M), a wholly owned
subsidiary of KCSI, acquired all of the outstanding stock of MSC.
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MSR, a class II carrier, and TR, a class III carrier, are wholly
owned subsidiaries of MSC. MLR, a class III carrier, is a wholly owned
subsidiary of MSR. SR is a class II carrier with all of its stock owned
by MSC (25 shares) and MSR (15 shares).
The parties intend to consummate the proposed merger transactions
on January 4, 1994.3
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\3\As stated in the agreements attached as exhibits to the
notice, the effective date of the merger of MSC with its
subsidiaries will be December 31, 1993, and the effective date of
the merger of MSC into KCSR will be January 4, 1994.
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Because the parties are members of the same corporate family, and
apparently the mergers will not result in adverse changes in service
levels, significant operational changes, or a change in the competitive
balance with carriers operating outside the corporate family, the
transaction qualifies for the class exemption at 49 CFR 1180.2(d)(3).
The purpose of the transactions is to eliminate duplicative
recordkeeping, filing, and reporting requirements and to render more
efficient current billing and car reporting processes.
To ensure that all employees who may be affected by the
transactions are given no less than the minimum protection under 49
U.S.C. 10505(g)(2) and 11347, the labor conditions set forth in New
York Dock Ry.--Control--Brooklyn Eastern Dist., 360 I.C.C. 60 (1979)
are imposed.
Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be
filed at any time. The filing of a petition to revoke will not stay the
transaction. Pleadings must be filed with the Commission and served on:
Robert K. Dreiling, The Kansas City Southern Railway Company, 114 West
11th Street, Kansas City, MO 64105.
Decided: December 29, 1993.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland Jr.,
Secretary.
[FR Doc. 94-287 Filed 1-6-94; 8:45 am]
BILLING CODE 7035-01-P
Complete official Federal Register PDF
FR Doc. 94-285 Consolidated Rail Corporation Abandonment Exemption In Crawford County, PA; Notice of Exemption
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-285]
[[Page Unknown]]
[Federal Register: January 7, 1994]
=======================================================================
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-167 (Sub-No. 1134X)]
Consolidated Rail Corporation--Abandonment Exemption--In Crawford
County, PA; Notice of Exemption
Consolidated Rail Corporation (Conrail) has filed a notice of
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to
abandon its approximately 1.1-mile line of railroad known as the
Vallonia Branch from milepost 0.0 to milepost 1.1 in Meadville,
Crawford County, PA.
Conrail has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) no overhead traffic has moved over the
line for at least 2 years; (3) no formal complaint filed by a user of
rail service on the line (or by a State or local government entity
acting on behalf of such user) regarding cessation of service over the
line either is pending with the Commission or with any U.S. District
Court or has been decided in complainant's favor within the 2-year
period; and (4) it has met the notice requirements at 49 CFR 1105.7(b)
(service of environmental report on agencies), 49 CFR 1105.8(c)
(service of historic report on State Historic Preservation Officer), 49
CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice
to government agencies).
As a condition to use of this exemption, any employee adversely
affected by the abandonment shall be protected under Oregon Short Line
R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether
this condition adequately protects affected employees, a petition for
partial revocation under 49 U.S.C. 10505(d) must be filed.
This exemption will be effective on February 6, 1994, unless stayed
or a formal expression of intent to file an offer of financial
assistance (OFA) is filed. Petitions to stay that do not involve
environmental issues,1 formal expressions of intent to file an OFA
under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests
under 49 CFR 1152.29 must be filed by January 18, 1994.3 Petitions
to reopen or requests for public use conditions under 49 CFR 1152.28
must be filed by January 27, 1994, with: Office of the Secretary, Case
Control Branch, Interstate Commerce Commission, Washington, DC 20423.
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\1\A stay will be issued routinely by the Commission in those
proceedings where an informed decision on environmental issues
(whether raised by a party or by the Commission's Section of Energy
and Environment in its independent investigation) cannot be made
before the effective date of the exemption. See Exemption of Out-of-
Service Rail Lines, 5 I.C.C.2d 377 (1989). Any entity seeking a stay
on environmental concerns is encouraged to file its request as soon
as possible in order to permit the Commission to review and act on
the request before the effective date of the exemption.
\2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\3\The Commission will accept late-filed trail use requests as
long as it retains jurisdiction to do so.
---------------------------------------------------------------------------
A copy of any pleading filed with the Commission should be sent to
Conrail's representative: Robert S. Natalini, Consolidated Rail
Corporation, Two Commerce Square, 2001 Market Street, P.O. Box 41416,
Philadelphia, PA 19101-1416.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
Conrail has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Energy and Environment (SEE) will issue an
environmental assessment (EA) by January 12, 1994. Interested persons
may obtain a copy of the EA by writing to SEE (room 3219, Interstate
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser,
Chief of SEE, at (202) 927-6248. Comments on environmental and historic
preservation matters must be filed within 15 days after the EA becomes
available to the public.
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Decided: December 29, 1993.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-285 Filed 1-6-94; 8:45 am]
BILLING CODE 7035-01-P
Complete official Federal Register PDF
FR Doc. 94-279 E.I. DuPont de Nemours & Co., Inc., et al.; Notice of Initial Filing, Amendments, and Withdrawals of Pesticide Petitions
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1017-1018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-279]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[PF-584; FRL-4740-8]
E.I. DuPont de Nemours & Co., Inc., et al.; Notice of Initial
Filing, Amendments, and Withdrawals of Pesticide Petitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces an initial filing of a food/feed
additive petition, amended filings and withdrawals of pesticide
petitions and a food/feed additive petition, and a correction to a
previously published petition that propose establishing regulations for
residues of certain pesticide chemicals in or on certain agricultural
commodities.
ADDRESSES: By mail, submit written comments to: Public Response and
Program Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. In person, bring comments to: Rm. 1128, CM #2,
1921 Jefferson Davis Hwy., Arlington, VA 22202.
Information submitted and any comment(s) concerning this notice may
be claimed confidential by marking any part or all of that information
as ``Confidential Business Information'' (CBI). Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2. A copy of the comment(s) that does not contain CBI must
be submitted for inclusion in the public record. Information not marked
confidential may be disclosed publicly by EPA without prior notice to
the submitter. Information on the proposed test and any written
comments will be available for public inspection in Rm. 1128 at the
Virginia address given above, from 8 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: By mail: Registration Division
(7505W), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington, DC. In person, contact the PM named in each
petition at the following office location/telephone number:
------------------------------------------------------------------------
Office location/
Product Manager telephone number Address
------------------------------------------------------------------------
George LaRocca (PM-13). Rm. 202, CM #2, 703-305- 1921 Jefferson Davis
6100. Hwy., Arlington, VA.
Cynthia Giles-Parker Rm. 229, CM #2, 703-305- Do.
(PM-22). 5540.
Joanne Miller (PM-23).. Rm. 237, CM #2, 703-305- Do.
7830.
Robert Taylor (PM-25).. Rm. 241, CM #2, 703-305- Do.
6800.
------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: EPA has received an initial filing of a
food/feed additive petition, amended filings and withdrawals of
petitions, and a correction to a previously issued petition as follows:
Initial Filing
1. FAP 4H5683. E.I. du Pont de Nemours & Co., Inc., Agricultural
Products, P.O. Box 80038, Wilmington, DE 19880-0038, has submitted the
food/feed additive petition proposing to amend 40 CFR parts 185 and 186
to establish food/feed additive tolerances for residues of the
herbicide hexazinone, 3-cyclohexyl-6-(dimetylamino)-1-methyl-1,3,5-
triazine-2,4(1H,3H)-dione, as follows: food additive tolerance for
sugarcane molasses at 5 parts per million (ppm) and feed additive
tolerances for sugarcane bagasse at 0.5 ppm and sugarcane molasses at
5.0 ppm. (PM 23)
Amended Filings
2. PP 2F4107. In the Federal Register of June 10, 1992 (57 FR
24644), EPA issued notice of the petition submitted by the Ciba-Geigy
Corp., P.O. Box 18300, Greensboro, NC 27419-8300, proposing to amend 40
CFR part 180 by establishing a regulation to permit residues of
difenoconazole, 1-(2-[4-chlorophenoxy)-2-chlorophenyl]-4-methyl-1,3-
dioxolan-2-yl-methyl)-1H-1,2,4-triazole, in or on wheat forage at 0.1
ppm, wheat straw at 0.1 ppm, barley forage at 0.1 ppm, and barley straw
at 0.1 ppm. Ciba-Geigy has submitted an amendment to the petition,
proposing to establish additional tolerances as follows: cattle, fat,
meat, and meat byproducts (mbyp) at 0.05 ppm; eggs at 0.05 ppm; milk at
0.05 ppm; goats, fat, meat, and mbyp at 0.05 ppm; hogs, fat, meat, and
mbyp at 0.05 ppm; horses, fat, meat, and mbyp at 0.05 ppm; poultry,
fat, meat, and mbyp at 0.05 ppm; barley grain at 0.1 ppm; and wheat
grain at 0.1 ppm. The proposed analytical method for determining
residues is gas chromatography with nitrogen/phosphorous detection. (PM
22)
3. PP 5F3251. This petition, submitted by Rhone-Poulenc Ag Co.,
P.O. Box 12014, 2 T.W. Alexander Drive, Research Triangle, NC 27709, is
a reproposal to amend 40 CFR 180.415 to establish a tolerance for
residues of the fungicide aluminum tris (O-ethyl phosphonate) in or on
hops at 45.0 ppm. Original notice of this petition appeared in the
Federal Register of May 24, 1985 (50 FR 21503) and proposed amending 40
CFR 180.415 by establishing tolerances for residues of the fungicide in
or on the commodities dried hops at 20.0 ppm and fresh or green hops at
10.0 ppm. The proposed analytical method for determining residues is
gas chromatography. (PM 22)
4. PP 7F3530. In the Federal Register of June 17, 1987 (52 FR
23077), EPA issued notice of filing of the petition by Janssen
Pharmaceutica, 40 Kingsbridge Rd., Piscataway, NJ 08854, proposing to
amend 40 CFR 180.413 by establishing a regulation to permit the
residues of the fungicide imazalil (1-(2-(2,4-dichlorophenyl)-2-(2-
propenyloxy)ethyl)-1H-imidazole) and its metabolite 1-(2,4-
dichlorophenyl)-2-(1H-imidazole-1-yl)-1-ethanol in or on melons (whole)
at 5.0 ppm; melons (pulp) at 0.7 ppm; corn, sweet, kernels and cobs at
0.05 ppm; corn, sweet, forage at 0.05 ppm; citrus (whole) at 10.0 ppm
citrus (pulp) at 0.2 ppm; citrus (peel) at 10.0 ppm; and imazalil (1-
(2-(2,4-dichlorophenyl)-2-(2-propenyloxy)ethyl)-1H-imidazole, its
metabolite 1-(2,4-dichlorophenyl)-2-(1H-imidazole-1-yl)-1-ethanol, and
(3-(1-(2,4-dichlorophenyl)-2-(1H-imidazole-1-yl)ethoxy)-1,2-propane
diol) in or on milk and meat, fat, and meat byproducts (except liver)
of cattle, goats, hogs, horses, and sheep at 0.02 ppm and liver of
cattle, goats, hogs, horses, and sheep at 1.5 ppm. Janssen
Pharmaceutica has submitted an amended petition proposing to establish
additional tolerances for the combined residues of the fungicide
imazalil, 1-(2-(2,4-dichlorophenyl)-2-(2-propenyloxy)ethyl)-1H-
imidazole and its metabolite 1-(2,4-dichlorophenyl)-2-(1H-imidazole-1-
yl)-1-ethanol in or on the following raw agricultural commodities:
melons (post-harvest) at 5.0 ppm; corn, fresh (including sweet kernels
plus corn with husk removed) at 0.2 ppm; corn, forage at 0.2 ppm; and
corn, fodder at 0.2 ppm. The proposed method for determining residues
is liquid gas chromatography. (PM 22)
Withdrawn Petitions
5. PP 4F3021. Notice of the petition, originally filed by Shell Oil
Co. and appearing in the Federal Register of February 23, 1984 (49 FR
6795), proposed to amend 40 CFR 180.379 by establishing tolerances for
residues of the insecticide cyano (3-phenoxyphenyl) methyl-4-chloro-
alpha-(1-methylethyl) benzeneacetate in or on the following
commodities: barley, forage at 40.0 ppm; barley, grain at 5.0 ppm;
barley, hay at 40.0 ppm; barley, straw at 40.0 ppm; wheat, forage at
25.0 ppm; wheat, grain at 1.0 ppm; wheat, hay at 25.0 ppm; and wheat,
straw at 25.0 ppm. This petition was also listed in a notice,
``Pesticide Petitions For Which No Correspondence Has Been Received''
(56 FR 43764, Sept. 4, 1991). The petition was originally filed by
Shell, and DuPont Agricultural Products, Walker's Mill, Barley Mill
Plaza, P.O. Box 80038, Wilmington, DE 19880-0038, was to provide
bridging residue data between esfenvalerate and fenvalerate. However,
DuPont has decided not to add this data and has requested that the
petition be withdrawn without prejudice to future filing. (PM 13)
6. FAP 4H5423. Notice of the petition, originally filed by Shell
Oil Co. and appearing in the Federal Register of February 23, 1984 (49
FR 6795), proposed to amend 21 CFR part 561 (later redesignated as 40
CFR part 186) by establishing a tolerance for residues of the
insecticide cyano (3-phenoxyphenyl) methyl-4-chloro-alpha-(1-
methylethyl) benzeneacetate in or on wheat milled products (except
flour) at 5.0 ppm. This petition was also listed in a notice,
``Pesticide Petitions For Which No Correspondence Has Been Received''
(56 FR 43765, Sept. 4, 1991). The petition was originally filed by
Shell, and DuPont Agricultural Products, Walker's Mill, Barley Mill
Plaza, P.O. Box 80038, Wilmington, DE 19880-0038, was to provide
bridging residue data between esfenvalerate and fenvalerate. However,
DuPont has decided not to add this data and has requested that the
petition be withdrawn without prejudice to future filing. (PM 13).
Correction
7. PP 3F4238. Notice appearing in the Federal Register of October
21, 1993 (58 FR 54355) is corrected to read as follows: Zeneca AG
Products, Concord Pike and New Murphy Rd., P.O. Box 751, Wilmington, DE
19897, proposes to amend 40 CFR part 180 by establishing a regulation
to permit the residues of Touchdown Herbicide (containing glyphosate-
trimesium (formerly SC-0224 of sulfonate)) in or on stone fruit at .05
ppm. (PM-25)
List of Subjects
Environmental protection, Agricultural commodities, Pesticides and
pests.
Authority: 7 U.S.C. 136a.
Dated: December 21, 1993.
Stephen L. Johnson,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 94-279 Filed 1-6-94; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 94-207 Notice of Availability of Draft Environmental Impact Statement for the Proposed Patoka River National Wetlands Project, Pike and Gibson Counties, Indiana
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1024-1025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-207]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of Draft Environmental Impact Statement
for the Proposed Patoka River National Wetlands Project, Pike and
Gibson Counties, Indiana
AGENCY: U.S. Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public that the U.S. Fish and Wildlife
Service (Service) has prepared a Draft Environmental Impact Statement
(DEIS), which is available for public review. The DEIS evaluates a
proposal to establish the Patoka River National Wetlands Project
(Project) in Pike and Gibson Counties in southwest Indiana. Four
alternatives, including a No Action alternative are being considered.
The three action alternatives are aimed at protecting and enhancing the
valuable resources of the Patoka River valley. The Project encompasses
one of the last remaining stretches of bottomland forest in Indiana and
the Midwest. It provides some of the best wood duck production habitat
in the state and is used by endangered species including bald eagles.
Alternative 4 is the Service's preferred alternative. It proposes to
acquire 22,083 acres of land from willing sellers. Full acquisition may
take 20 years or more. About 6,800 acres would be purchased as the
Patoka River National Wildlife Refuge. Additionally, wildlife
management areas would be purchased from within an adjacent 15,283-acre
selection area. Project lands would be managed to protect and enhance
bottomland hardwood forests, other wetland habitat, and complementary
uplands. The goal would be to provide essential food, cover and resting
areas for migratory birds, threatened and endangered species, and
resident fish and wildlife; and to improve outdoor recreation and
education opportunities.
DATES: Public comment on the DEIS is solicited pursuant to National
Environmental Policy Act regulations (40 CFR 1503.1). All agencies and
individuals are urged to provide comments and suggestions for improving
this DEIS. The formal comment period extends for a 60-day period from
the date of distribution of the DEIS. All comments received by March 8,
1994, will be considered in preparation of the Final EIS.
Formal comments will be received at any time during this 60-day
period in person or by mail at the Project and Regional Offices as well
as at the scheduled public open house and meeting. The Project Office
in Oakland City, Indiana, is open weekdays from 8 a.m. to 4:30 p.m. The
Regional Office in the Twin Cities, Minnesota, is open weekdays from
7:30 a.m. to 4 p.m. In addition, the Service will hold a public open
house on Friday, February 11, 1994, from 9 a.m. to 7 p.m. and Saturday,
February 12, 1994, from 8 a.m. to 12 m. (noon) at the Wirth Park
Community Building on the west side of Oakland City, Indiana, for
general information. A public meeting will be held on Saturday,
February 12, 1994, starting at 1:30 p.m. in the East Gibson School
cafeteria in Oakland City to receive verbal and written comments.
WRITTEN COMMENTS SHOULD BE ADDRESSED TO: Project Manager, U.S. Fish and
Wildlife Service, Patoka River National Wetlands Project, 510\1/2\ West
Morton, Box 217, Oakland City, Indiana 47660.
FOR FURTHER INFORMATION CONTACT:
William McCoy, Project Manager, Patoka River National Wetlands Project,
at the above address, telephone (812) 749-3199; or Jeanne Holler,
Wildlife Biologist, U.S. Fish and Wildlife Service, Bishop Henry
Whipple Federal Building, 1 Federal Drive, Fort Snelling, Minnesota
55111-4056, telephone (612) 725-3306. Individuals wishing copies of
this DEIS for review should contact Mr. McCoy or Ms. Holler. Copies
have been sent to all landowners and renters within the proposed
Project boundaries; to Federal, state and local government officials;
interested parties; and to all individuals, agencies, and organizations
who requested copies.
Dated: December 22, 1993.
Sam Marler,
Regional Director.
[FR Doc. 94-207 Filed 1-6-94; 8:45 am]
BILLING CODE 4310-55-M
Complete official Federal Register PDF
FR Doc. 94-189 Annual User Fee for Customs Brokers Permit
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-189]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF THE TREASURY
Customs Service
Annual User Fee for Customs Brokers Permit
AGENCY: Customs Service, Department of the Treasury.
ACTION: Notice of due date of broker's user fee.
-----------------------------------------------------------------------
SUMMARY: This document advises Customs brokers that for 1994 the annual
user fee of $125 that is assessed for each permit held by an
individual, partnership, association, or corporate broker is due by
March 1, 1994. This announcement is being published to comply with the
Tax Reform Act of 1986.
DATES: Due date for fee: March 1, 1994.
FOR FURTHER INFORMATION CONTACT:
Bruce Friedman, Chief, Drawback and Broker Licensing Branch: (202) 927-
0916.
SUPPLEMENTARY INFORMATION:
Background
Section 13031 of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (Pub. L. 99-272) established that an annual user fee of $125 is
to be assessed for each Customs broker's permit held by an individual,
partnership, association or corporate broker. This fee is set forth in
the Customs Regulations in Sec. 111.96 (19 CFR 111.96).
Section 111.96 Customs Regulations provides that the fee is payable
for each calendar year in each district where a broker has a permit to
do business by the due date which will be published in the Federal
Register annually.
Section 1893 of the Tax Reform Act of 1986 (Pub. L. 99-0415),
provides that notice of the date on which payment is due of the user
fee for each broker permit shall be published by the Secretary of the
Treasury in the Federal Register no later than 60 days before such due
date.
This document notifies brokers that for 1994, the due date for
payment of the user fee is March 1, 1994. It is expected that annual
user fees for brokers for subsequent years will be due on or about the
15th of January each year.
George J. Weise,
Commissioner of Customs.
[FR Doc. 94-189 Filed 1-6-94; 8:45 am]
BILLING CODE 4820-02-M
Complete official Federal Register PDF
FR Doc. 94-167 Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1031-1032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-167]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF LABOR
Employment Standards Administration Wage and Hour Division
Minimum Wages for Federal and Federally Assisted Construction;
General Wage Determination Decisions
General wage determination decisions of the Secretary of Labor are
issued in accordance with applicable law and are based on the
information obtained by the Department of Labor from its study of local
wage conditions and data made available from other sources. They
specify the basic hourly wage rates and fringe benefits which are
determined to be prevailing for the described classes of laborers and
mechanics employed on construction projects of a similar character and
in the localities specified therein.
The determinations in these decisions of prevailing rates and
fringe benefits have been made in accordance with 29 CFR part 1, by
authority of the Secretary of Labor pursuant to the provisions of the
Davis-Bacon Act of March 3, 1931, as amended (46 Stat. 1494, as
amended, 40 U.S.C. 276a) and of other Federal statutes referred to in
29 CFR part 1, appendix, as well as such additional statutes as may
from time to time be enacted containing provisions for the payment of
wages determined to be prevailing by the Secretary of Labor in
accordance with the Davis-Bacon Act. The prevailing rates and fringe
benefits determined in these decisions shall, in accordance with the
provisions of the foregoing statutes, constitute the minimum wages
payable on Federal and federally assisted construction projects to
laborers and mechanics of the specified classes engaged on contract
work of the character and in the localities described therein.
Good cause is hereby found for not utilizing notice and public
comment procedure thereon prior to the issuance of these determinations
as prescribed in 5 U.S.C. 553 and not providing for delay in the
effective date as prescribed in that section, because the necessity to
issue current construction industry wage determinations frequently and
in large volume causes procedures to be impractical and contrary to the
public interest.
General wage determination decisions, and modifications and
supersede as decisions thereto, contain no expiration dates and are
effective from their date of notice in the Federal Register, or on the
date written notice is received by the agency, whichever is earlier.
These decisions are to be used in accordance with the provisions of 29
CFR parts 1 and 5. Accordingly, the applicable decision, together with
any modifications issued, must be made a part of every contract for
performance of the described work within the geographic area indicated
as required by an applicable Federal prevailing wage law and 29 CFR
part 5. The wage rates and fringe benefits, notice of which is
published herein, and which are contained in the Government Printing
Office (GPO) document entitled ``General Wage Determinations Issued
Under the Davis-Bacon and Related Acts,'' shall be the minimum paid by
contractors and subcontractors to laborers and mechanics.
Any person, organization, or governmental agency having an interest
in the rates determined as prevailing in encouraged to submit wage rate
and fringe benefit information for consideration by the Department.
Further information and self-explanatory forms for the purpose of
submitting this data may be obtained by writing to the U.S. Department
of Labor, Employment Standards Administration, Wage and Hour Division,
Division of Wage Determinations, 200 Constitution Avenue, NW., room S-
3014, Washington, DC 20210.
New General Wage Determination Decisions
The numbers of the decisions added to the Government Printing
Office document entitled ``General Wage Determinations Issued Under the
Davis-Bacon and Related Acts'' are listed by Volume and State.
Volume I:
Maryland, MD930048 (Jan. 7, 1994), MD930049 (Jan. 7, 1994)
Virginia, VA930104 (Jan. 7, 1994), VA930105 (Jan. 7, 1994), VA930106
(Jan. 7, 1994), VA930107 (Jan. 7, 1994)
Modification to General Wage Determination Decisions
The number of decisions listed in the Government Printing Office
document entitled ``General Wage Determinations Issued Under the Davis-
Bacon and Related Acts'' being modified are listed by Volume and State.
Dates of publication in the Federal Register are in parentheses
following the decisions being modified.
Volume I:
District of Columbia, DC930001 (Feb. 19, 1993)
Maine, ME930026 (Dec. 10, 1993)
West Virginia, WV930003 (Feb. 19, 1993)
Volume II:
Iowa, IA930001 (Feb. 12, 1993)
Ohio, OH930001 (Feb. 12, 1993), OH930002 (Feb. 12, 1993), OH930003
(Feb. 12, 1993), OH930028 (Feb. 12, 1993), OH930029 (Feb. 12, 1993),
OH930034 (Feb. 12, 1993)
Texas, TX930027 (Feb. 12, 1993), TX930028 (Feb. 12, 1993), TX930029
(Feb. 12, 1993), TX930030 (Feb. 12, 1993), TX930031 (Feb. 12, 1993),
TX930036 (Feb. 12, 1993), TX930043 (Feb. 12, 1993), TX930045 (Feb. 12,
1993), TX930047 (Feb. 12, 1993), TX930048 (Feb. 12, 1993), TX930051
(Feb. 12, 1993)
Volume III:
Colorado, CO930001 (Feb. 19, 1993), CO930002 (Feb. 19, 1993), CO930005
(Feb. 19, 1993), CO930006 (Feb. 19, 1993), CO930007 (Feb. 19, 1993),
CO930010 (Feb. 19, 1993), CO930011 (Feb. 19, 1993), CO930014 (Feb. 19,
1993)
Hawaii, HI930001 (Feb. 19, 1993)
General Wage Determination Publication
General wage determinations issued under the Davis-Bacon and
related Acts, including those noted above, may be found in the
Government Printing Office (GPO) document entitled ``General Wage
Determinations Issued Under The Davis-Bacon And Related Acts''. This
publication is available at each of the 50 Regional Government
Depository Libraries and many of the 1,400 Government Depository
Libraries across the country. Subscriptions may be purchased from:
Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402, (202) 783-3238.
When ordering subscription(s), be sure to specify the State(s) of
interest, since subscriptions may be ordered for any or all of the
three separate volumes, arranged by State. Subscriptions include an
annual edition (issued on or about January 1) which includes all
current general wage determinations for the States covered by each
volume. Throughout the remainder of the year, regular weekly updates
will be distributed to subscribers.
Signed at Washington, DC this 30th day of December 1993.
Alan L. Moss,
Director, Division of Wage Determinations.
[FR Doc. 94-167 Filed 1-6-94; 8:45 am]
BILLING CODE 4510-27-M
Complete official Federal Register PDF
FR Doc. 94-1 Federal Property Suitable as Facilities To Assist the Homeless
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1]
[[Page Unknown]]
[Federal Register: January 7, 1994]
=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Community Planning and
Development
[Docket No. N-93-1917; FR-3350-N-65]
Federal Property Suitable as Facilities To Assist the Homeless
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice identifies unutilized, underutilized, excess, and
surplus Federal property reviewed by HUD for suitability for possible
use to assist the homeless.
EFFECTIVE DATE: January 7, 1994.
ADDRESSES: For further information, contact Mark Johnston, Department
of Housing and Urban Development, room 7262, 451 Seventh Street SW.,
Washington, DC 20410; telephone (202) 708-4300; TDD number for the
hearing- and speech-impaired (202) 708-2565, (these telephone numbers
are not toll-free), or call the toll-free Title V information line at
1-800-927-7588.
SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988
court order in National Coalition for the Homeless v. Veterans
Administration, No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a
weekly basis, identifying unutilized, underutilized, excess and surplus
Federal buildings and real property that HUD has reviewed for
suitability for use to assist the homeless. Today's Notice is for the
purpose of announcing that no additional properties have been
determined suitable or unsuitable this week.
Dated: December 30, 1993.
Jacquie M. Lawing,
Deputy Assistant Secretary for Economic Development.
[FR Doc. 94-1 Filed 1-6-94; 8:45 am]
BILLING CODE 4210-29-M
Complete official Federal Register PDF
FR Doc. 93-355 Oregon Creek Ecosystem Management Project, Tahoe National Forest, Yuba and Sierra Counties, CA
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 999-1000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-355]
[[Page Unknown]]
[Federal Register: January 7, 1994]
=======================================================================
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DEPARTMENT OF AGRICULTURE
Forest Service
Oregon Creek Ecosystem Management Project, Tahoe National Forest,
Yuba and Sierra Counties, CA
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Agriculture, Forest Service will
prepare an environmental impact statement (EIS) for proposed timber
harvest, plantation thinning, fuels reduction, and wildlife habitat
improvement projects for areas in the Oregon Creek Watershed and an
area in part of the North Yuba watershed in accordance with the
requirements of 36 CFR 219.19. The project areas are located within
portions of T.18N., R.8, 9, & 10E., T.19N., R.9 & 10E., MDB&M.
The agency invites comments and suggestions on the scope of the
analysis. In addition, the agency gives notice of the full
environmental analysis and decision-making process that will occur on
the proposal so that interested and affected people are aware of how
they may participate and contribute to the final decision.
DATES: Comments should be made in writing and received by February 22,
1994.
ADDRESSES: Written comments concerning the project should be directed
to Jean Masquelier, District Ranger, Downieville Ranger District, North
Yuba Ranger Station, 15924 Hwy 49, Camptonville, CA 95922.
FOR FURTHER INFORMATION CONTACT:
Bob Willour, Resource Officer, Downieville Ranger District,
Camptonville, CA 95922, telephone (916) 478-6253.
SUPPLEMENTARY INFORMATION: The Oregon Creek Analysis Area is about
25,000 acres in size. It incorporates the land in the Oregon Creek
Watershed and is located two miles southwest of Comptonville and east
to the junction of Pliocene and Henness Pass roads. The area is
dominated by vast, uniform ponderosa pine plantations and brush fields
that were a result of the 17,000-acre Mountain House Fire of 1959.
This project was chosen by the Forest Service's Regional Office
(Region 5) to be conducted as an Ecosystem Management Project. It was
selected due to the opportunities and challenges that this area has for
multiple resource management. There exists an opportunity to increase
the diversity within the many young pine plantations; this would
improve wildlife habitat and derive needed wood fiber. Watershed
problems, fire hazards within a mixed land ownership landscape, range
problems, and wildlife habitat conditions represent some of the
challenges and opportunities for improvements that will be looked at
during this analysis.
In preparing the environmental impact statement, the Forest Service
will identify and analyze a range of alternatives for treatment of the
dense stands of young trees that address the issues developed for these
sites. One of the alternatives will be no treatment. Other alternatives
will consider differing levels of plantation thinning, timber harvest,
new road construction and reconstruction, fuel hazard reduction, and
wildlife habitat improvement projects. An ecological approach will be
used to achieve multiple-use management of the Oregon Creek area. It
also means that the needs of people and environmental values will be
blended in a such way that the Oregon Creek area would represent a
diverse, healthy, productive, and sustainable ecosystem.
Public participation will be important during the analysis,
especially during the review of the Draft Environmental Impact
Statement. The Forest Service is seeking information, comments, and
assistance from Federal, State, and local agencies and other
individuals or organizations who may be interested in or affected by
the proposed action. This input will be used in preparation of the
draft environmental impact statement (DEIS). The scoping process
includes:
1. Identifying potential issues.
2. Identifying issues to be analyzed in depth.
3. Eliminating insignificant issues or those which have been
covered by a relevant previous environmental analysis.
4. Exploring additional alternatives.
5. Identifying potential environmental effects of the proposed
action and alternatives (i.e., direct, indirect, and cumulative effects
and connected actions).
6. Determining potential cooperating agencies and task assignments.
The following list of issues has been identified through initial
scoping:
(1) To what extent will future options for the management of
California spotted owls be maintained?
(2) To what extent can the potential for large catastrophic
wildfires, like the 17,000-acre Mountain House Fire of 1959, be reduced
within the project area?
(3) To what extent can the forest health be improved in the Oregon
Creek project area? In addition, what level of timber commodities could
result from forest health improvement projects and other timber
management proposals?
(4) To what extent will long-term transportation management
objectives be met for the area?
(5) To what extent will the views from North Yuba River, Middle
Yuba River, Oregon Creek, and Highway 49 be affected? What visual
character will result from the proposed activities, and to what extent
will these activities affect views from private land within the study
area?
(6) To what extent will the outstandingly remarkable historical
values that made Oregon Creek eligible as a Wild and Scenic River and
classified as a recreation river be affected by the proposed activities
with the study area?
(7) To what extent will water quality in the Oregon Creek and the
Humbug Creek watersheds be affected by the proposed activities?
(8) To what extent will air quality in the Oregon Creek and North
Yuba River drainages, and in the towns of Camptonville, Forest City,
Pike, and Alleghany, be affected by proposed activities?
(9) To what extent will long-term productivity be affected by
proposed activities?
Comments from other Federal, State, and local agencies,
organizations, and individuals who may be interested in, or affected by
the decision, are encouraged to identify other significant issues.
Public participation has been previously solicited through mailing
letters to mining claim owners, private land owners, and special use
permittees within the Downieville Ranger District boundaries; posting
information in local towns; and mailing letters to local timber
industries, politicians, school boards, country supervisors, and
environmental groups. Written comments that have already been received
will still be considered when analyzing alternatives and impacts.
Continued participation will be emphasized through individual contacts.
No public meetings are scheduled.
The draft EIS is expected to be filed with the Environmental
Protection Agency (EPA) and to be available for public review by
approximately the middle of March, 1994. The comment period on the
draft EIS will be 45 days from the date the EPA publishes the notice of
availability in the Federal Register.
The Forest Service believes, at this early stage, it is important
to give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
draft environmental impact statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's position and
contentions. Vermont Yankee Nuclear Power Corp v. NRDC, 435 U.S. 519,
553 (1978). Also, environmental objections that could be raised at the
draft EIS stage but that are not raised until after completion of the
final EIS may be waived or dismissed by the courts. City of Angoon v.
Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages Inc.
v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of the
court rulings, it is very important that those interested in this
proposed action participate by the close of the 45 day comment period
so that substantive comments and objections are made available to the
Forest Service at a time when it can meaningfully consider them and
respond to them in the final EIS.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft EIS should
be as specific as possible. It is helpful if comments refer to specific
pages or chapters of the draft EIS or the merits of the alternatives
formulated and discussed in the statement. Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing
the procedural provisions of the National Environmental Policy Act at
40 CFR 1503.3 in addressing these points.
The final EIS is expected to be available by the middle of June,
1994. The responsible official, who is the Tahoe National Forest
Supervisor, will document the decision and reasons for the decision in
the Record of Decision.
Dated: December 20, 1993.
Judie L. Tartaglia,
Deputy Forest Supervisor.
[FR Doc. 93-355 Filed 1-6-93; 8:45 am]
BILLING CODE 3410-11-M
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