issue-1994-09-02•Federal Register notices — 1994-09-02
Federal Register notices — 1994-09-02
issue-1994-09-02Federal Register notices — 1994-09-02Notice
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. 94-21871 FEDERAL DEPOSIT INSURANCE CORPORATION
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Sunshine Act Meetings]
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[FR Doc No: 94-21871]
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Sunshine Act Meetings
Federal Register / Vol. 59, No. 170 / Friday, September 2, 1994 /
Sunshine Act Meetings
FEDERAL DEPOSIT INSURANCE CORPORATION
Notice of Agency Meeting
Pursuant to the provisions of the ``Government in the Sunshine
Act'' (5 U.S.C. 552b), notice is hereby given that at 10:05 a.m. on
Tuesday, August 30, 1994, the Board of Directors of the Federal Deposit
Insurance Corporation met in closed session to consider the following:
Reports of the Office of Inspector General.
Matters relating to the Corporation's corporate, supervisory,
and liquidation activities.
Recommendation regarding the liquidation of a depository
institution's assets acquired by the Corporation in its capacity as
received, liquidator, or liquidating agent of those assets:
Memorandum re:
CrossLand Savings, FSB, New York City (Brooklyn), New York (Case
No. 505-10242-94-BOD)
Application of First Federal Savings Bank of Fort Dodge, Fort
Dodge, Iowa, a proposed new federally chartered stock savings bank,
for Federal deposit insurance.
Personnel matters.
In calling the meeting, the Board determined, on motion of Mr.
Stephen R. Steinbrink, acting in the place and stead of Director Eugene
A. Ludwig (Comptroller of the Currency), seconded by Director Jonathan
L. Fiechter (Acting Director, Office of Thrift Supervision), concurred
in by Acting Chairman Andrew C. Hove, Jr., that Corporation business
required its consideration of the matters on less than seven days'
notice to the public; that no earlier notice of the meeting was
practicable; that the public interest did not require consideration of
the matters in a meeting open to public observation; and that the
matters could be considered in a closed meeting by authority of
subsections (c)(2), (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B),
and (c)(10) of the ``Government in the Sunshine Act'' (5 U.S.C. 552b
(c)(2), (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10)).
The meeting was held in the Board Room of the FDIC Building located
at 550 17th Street, NW., Washington, DC.
Dated: August 30, 1994.
Federal Deposit Insurance Corporation.
Leneta G. Gregorie,
Acting Assistant Executive Secretary.
[FR Doc. 94-21871 Filed 8-31-94; 2:01 pm]
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Complete official Federal Register PDF
FR Doc. 94-21833 Idaho National Engineering Laboratory Environmental Dose Reconstruction Project: Sanford Cohen and Associates' Technical Working Group; Public Meeting
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
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[FR Doc No: 94-21833]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Idaho National Engineering Laboratory Environmental Dose
Reconstruction Project: Sanford Cohen and Associates' Technical Working
Group; Public Meeting
The National Center for Environmental Health (NCEH), Centers for
Disease Control and Prevention (CDC), announces the following meeting:
Name: Idaho National Engineering Laboratory Environmental Dose
Reconstruction Project: Sanford Cohen and Associates' Technical
Working Group--Public Meeting.
Time and date: 8:30 a.m.-5:30 p.m., September 14, 1994.
Place: Best Western-Cottontree Inn, 1415 Bench Road, Pocatello,
Idaho 83201.
Status: Open to the public for observation and comment, limited
only by space available.
Purpose: Under a Memorandum of Understanding with the Department
of Energy (DOE), the Department of Health and Human Services (HHS)
has been given the responsibility and resources for conducting
analytic epidemiologic investigations of residents of communities in
the vicinity of DOE facilities and other persons potentially exposed
to radiation or to potential hazards from non-nuclear energy
production and use. HHS delegated program responsibility to CDC.
An initial step in an analytic epidemiologic study for persons
living offsite of a given DOE facility is the reconstruction of
radiation doses due to releases from that facility. CDC has begun
such an environmental dose reconstruction for DOE's Idaho National
Engineering Laboratory near Idaho Falls, Idaho. A contractor,
Sanford Cohen and Associates (SC&A), is gathering the data necessary
to perform the dose reconstruction and to provide for logistics of
public involvement in this project. The purpose of this public
meeting is: SC&A will discuss project progress and responses to
public concerns. Members of the public will be asked to provide
individual input on technical issues and decisions faced by SC&A's
project team.
Agenda items are subject to change as priorities dictate.
Contact Person for More Information: Leeann Denham, Radiation
Studies Branch, Division of Environmental Hazards and Health
Effects, NCEH, CDC, 4770 Buford Highway, NE., (F-35), Atlanta,
Georgia, 30341-3724, telephone 404/488-7040.
Dated: August 30, 1994.
William H. Gimson,
Acting Associate Director for Policy Coordination, Centers for Disease
Control and Prevention (CDC).
[FR Doc. 94-21833 Filed 9-1-94; 8:45 am]
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Complete official Federal Register PDF
FR Doc. 94-21831 Technical Advisory Committee for Diabetes Translation and Community Control Programs: Meeting
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Technical Advisory Committee for Diabetes Translation and
Community Control Programs: Meeting
In accordance with section 10(a)(2) of the Federal Advisory
Committee Act (Pub. L. 92-463), the Centers for Disease Control and
Prevention (CDC) announces the following committee meeting:
Name: Technical Advisory Committee for Diabetes Translation and
Community Control Programs.
Times and Dates: 1 p.m.-4:45 p.m., Monday, September 19, and
8:30 a.m.-4:15 p.m., Tuesday, September 20, 1994.
Place: Atlanta Airport Hilton, 1031 Virginia Avenue, Atlanta,
Georgia 30354, telephone 404/767-9000.
Status: Open to the public, limited only by the space available.
Purpose: This committee is charged with advising the Director,
CDC, regarding priorities and feasible goals for translation
activities and community control programs designed to reduce risk
factors, morbidity, and mortality from diabetes and its
complications. The committee advises regarding policies, strategies,
goals and objectives, and priorities; identifies research advances
and technologies ready for translation into widespread community
practice; recommends public health strategies to be implemented
through community interventions; advises on operational research and
outcome evaluation methodologies; identifies research issues for
further clinical investigation; and advises regarding the
coordination of programs with Federal, voluntary, and private
resources involved in the provision of services to people with
diabetes.
Matters to be Discussed: Committee members will make
recommendations to the Division of Diabetes Translation on
coordination and implementation of diabetes translation activities
and the role of the Committee within this coordination process.
Division of diabetes Translation staff will provide updates on
projects and initiatives currently operational within the Division,
such as the status of the expansion and enhancement of state-based
diabetes control programs, Project DIRECT (Diabetes Intervention:
Reaching and Educating Communities Together), the Health
Communication Plan, and 1994 initiatives. An update on primary
prevention trials of diabetes mellitus will be presented, and the
committee will discuss CDC's role in primary prevention. The
committee will discuss diabetic eye diseases and the National
Diabetes Education Program.
Agenda items are subject to change as priorities dictate.
Contact Person for More Information: Cheryl Shaw, Program
Specialist, Division of Diabetes Translation, National Center for
Chronic Disease Prevention and Health Promotion, CDC, 4770 Buford
Highway, NE, (K-10), Atlanta, Georgia 30341-3724, telephone 404/488-
5004.
Dated: August 30, 1994.
William H. Gimson,
Acting Associate Director for Policy Coordination, Center for Disease
Control and Prevention (CDC).
[FR Doc. 94-21831 Filed 9-1-94; 8:45 am]
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FR Doc. 94-21814 Office of Educational Research and Improvement (OERI); Organization, Functions, and Authority Delegations
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
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DEPARTMENT OF EDUCATION
Office of Educational Research and Improvement (OERI);
Organization, Functions, and Authority Delegations
AGENCY: Department of Education.
ACTION: Extension of closing date notice to solicit public comments.
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SUMMARY: The purpose of this notice of extension of closing date is to
allow the public--particularly school officials, teachers, and college
and university faculty--additional time to prepare and submit their
comments. Many of these educators only very recently became aware of
the notice and will not be able to meet the September 6, 1994 deadline.
Also, many other potential commenters have been away from work during
the comment period (summer months) and have neither received nor been
given information on the public notice. An extension of the comment
period will permit many more educators and other interested parties to
submit comments and recommendations.
DATES: The revised deadline for receipt of comments on implementing the
``Educational Research, Development, Dissemination, and Improvement Act
of 1994'' is November 9, 1994.
ADDRESSES: Comments responding to the July 7 Federal Register notice
should be addressed to Dr. Laurence Peters, U.S. Department of
Education, 555 New Jersey Avenue, NW., room 600, Washington, DC 20208-
5530. Comments may also be sent to the Department of Education at the
Internet electronic mail address: [email protected].
SUPPLEMENTARY INFORMATION: On July 7, 1994, the Department of Education
published a notice in the Federal Register (59 FR 34802) inviting the
public to comment on the implementation by the Office of Educational
Research and Improvement (OERI) of its new authorizing legislation, the
``Educational Research, Development, Dissemination, and Improvement Act
of 1994.'' Comments will be used to help the Assistant Secretary plan
for the reorganization of OERI and the activities it will carry out, as
well as establish, in collaboration with the National Educational
Research Policy and Priorities Board, priorities for OERI's future
work. Detailed information on the statutory requirements of the
``Educational Research, Development, Dissemination, and Improvement Act
of 1994'' and on issues of special interest to the Assistant Secretary
were included in the July 7 notice. The notice indicated that comments
must be received on or before September 6, 1994.
FOR FURTHER INFORMATION CONTACT:
Dr. Laurence Peters, U.S. Department of Education, 555 New Jersey
Avenue, NW., room 600, Washington, DC 20208-5530, telephone: (202) 219-
2050, FAX: (202) 219-1466. Internet electronic mail address: reauth-
[email protected]. 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.
Dated: August 30, 1994.
Sharon P. Robinson,
Assistant Secretary for Educational Research and Improvement.
[FR Doc. 94-21814 Filed 9-1-94; 8:45 am]
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Complete official Federal Register PDF
FR Doc. 94-21786 Shipping Coordinating Committee; Subcommittee on Ocean Dumping; Notice of Meeting
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
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[FR Doc No: 94-21786]
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DEPARTMENT OF STATE
[Public Notice 2068]
Shipping Coordinating Committee; Subcommittee on Ocean Dumping;
Notice of Meeting
The Subcommittee on Ocean Dumping of the Shipping Coordinating
Committee will hold an open meeting on September 20, 1994 from 9:30
P.M. to 11:00 A.M. to obtain public comment on the issues to be
addressed October 3-7, 1994 at the Seventeenth Consultative Meeting of
the Contracting Parties to the London Convention of 1972, which
regulates ocean dumping. The meeting will also review the Seventeenth
Scientific Group Meeting held in July, 1994 and the Second Amendment
Conference held in May, 1994.
The meeting will be held at the Environmental Protection Agency,
Waterside Mall, 401 M Street, SW., Washington, DC 20460, in the 8th
Floor Conference Room of the West Tower. Interested members of the
public are invited to attend, up to the capacity of the room. Upon
entry to the West Tower, participants without government identification
should dial 260-8199 to obtain clearance.
For further information, please contact Mr. John Lishman, Chief,
Marine Pollution Control Branch, telephone (202) 260-8448; or Bryan
Wood-Thomas, Office of International Activities, telephone (202) 260-
6983.
Dated: August 29, 1994.
Steve Miller,
Acting Executive Secretary, Shipping Coordinating Committee.
[FR Doc. 94-21786 Filed 9-1-94; 8:45 am]
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Complete official Federal Register PDF
FR Doc. 94-21784 Certain Chemicals; Approval of a Test Marketing Exemption
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPT-59341; FRL-4909-1]
Certain Chemicals; Approval of a Test Marketing Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's approval of an application for
test marketing exemption (TME) under section 5(h)(1) of the Toxic
Substances Control Act (TSCA) and 40 CFR 720.38. EPA has designated
this application as TME-94-16. The test marketing conditions are
described below.
EFFECTIVE DATES: August 26, 1994. Written comments will be received
until September 19, 1994.
FOR FURTHER INFORMATION CONTACT: Shirley Howard, New Chemicals Branch,
Chemical Control Division (7405), Office of Pollution Prevention and
Toxics, Environmental Protection Agency, Rm. E-611, 401 M St. SW.,
Washington, DC 20460, (202) 260-3780.
SUPPLEMENTARY INFORMATION: Section 5(h)(1) of TSCA authorizes EPA to
exempt persons from premanufacture notification (PMN) requirements and
permit them to manufacture or import new chemical substances for test
marketing purposes if the Agency finds that the manufacture,
processing, distribution in commerce, use, and disposal of the
substances for test marketing purposes will not present an unreasonable
risk of injury to human health or the environment. EPA may impose
restrictions on test marketing activities and may modify or revoke a
test marketing exemption upon receipt of new information which casts
significant doubt on its finding that the test marketing activity will
not present an unreasonable risk of injury.
EPA hereby approves TME-94-16. EPA has determined that test
marketing of the new chemical substance described below, under the
conditions set out in the TME application, and for the time period and
restrictions specified below, will not present an unreasonable risk of
injury to human health or the environment. Production volume, use, and
the number of customers must not exceed that specified in the
application. All other conditions and restrictions described in the
application and in this notice must be met.
Inadvertently the notice of receipt of the application was not
published. Therefore, an opportunity to submit comments is being
offered at this time. The complete nonconfidential document is
available in the TSCA nonconfidential information center (NCIC), Rm.
ETG-102 at the above address between 12 noon and 4 p.m., Monday through
Friday, excluding legal holidays. EPA may modify or revoke the test
marketing exemption if comments are received which cast significant
doubt on its finding that the test marketing activities will not
present an unreasonable risk of injury.
The following additional restrictions apply to TME-94-16. A bill of
lading accompanying each shipment must state that the use of the
substance is restricted to that approved in the TME. In addition, the
applicant shall maintain the following records until 5 years after the
date they are created, and shall make them available for inspection or
copying in accordance with section 11 of TSCA:
1. Records of the quantity of the TME substance produced and the
date of manufacture.
2. Records of dates of the shipments to each customer and the
quantities supplied in each shipment.
3. Copies of the bill of lading that accompanies each shipment of
the TME substance.
TME-94-16
Date of Receipt: July 25, 1994. The extended comment period will
close on September 19, 1994.
Applicant: Confidential.
Chemical: (G) Polymeric Colorant.
Use: (G) Colorant.
Production Volume: Confidential.
Number of Customers: Twelve.
Test Marketing Period: Twelve months. Commencing on first day of
commercial manufacture.
Risk Assessment: EPA identified no significant health or
environmental concerns for the test market substance. Therefore, the
test market activities will not present any unreasonable risk of injury
to human health or the environment.
The Agency reserves the right to rescind approval or modify the
conditions and restrictions of an exemption should any new information
that comes to its attention cast significant doubt on its finding that
the test marketing activities will not present any unreasonable risk of
injury to human health or the environment.
List of Subjects
Environmental protection, Test marketing exemption.
Dated: August 26, 1994.
Denise M. Keehner,
Acting Director, Chemical Control Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 94-21784 Filed 9-1-94; 8:45 am]
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Complete official Federal Register PDF
FR Doc. 94-21782 Environmental Impact Statements and Regulations; Availability of EPA Comments
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
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ENVIRONMENTAL PROTECTION AGENCY
[ER-FRL-4714-9]
Environmental Impact Statements and Regulations; Availability of
EPA Comments
Availability of EPA comments prepared August 15, 1994 Through
August 19, 1994 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 8, 1994 (59 FR
16807).
Draft EISs
ERP No. D-AFS-G65059-NM Rating EC2, Santa Fe Ski Area Master
Development Plan, Upgrading and Expansion, Special-Use-Permit, Sante Fe
National Forest, Espanola Ranger District, Santa Fe County, NM.
Summary: EPA requested additional information to: (1) Determine the
potential of the citizens' alternative in meeting the objectives of the
Santa Fe Ski Area Master Development Plan, (2) evaluate impacts from
year-round use of the Ski Area, (3) describe alpine wetland resources,
and (4) consideration of additional mitigation measures.
ERP No. D-COE-G30013-LA Rating EC2, West Bank of the Mississippi River
Hurricane Protection Plan, Implementation, east of the Harvey Canal,
New Orleans, LA.
Summary: EPA requested that additional information and analysis be
provided in the Final EIS on the following areas: (1) secondary and
cumulative effects, (2) description of remaining natural resources
within the project area, and (3) the basis for using preservation as
mitigation for impacts to bottomland hardwoods and cypress swamps.
Final EISs
ERP No. F-AFS-L65224-OR, Newberry Geothermal Pilot Project,
Construction and Operation of a 33-megawatt Power Plant, Approvals,
Deschutes National Forest, Fort Rock Ranger District, Deschutes County,
OR.
Summary: Review of the Final EIS has been completed and the project
found to be satisfactory.
ERP No. F-DOE-L03007-OR, Hermiston Generating Project, Construction of
a Gas-fired Cogeneration Power Plant, Approval of Permits, Umatilla
County, OR.
Summary: The final EIS addressed EPA's concerns with this project.
ERP No. F-DOE-L08051-OR, Coyote Springs Cogeneration Project, General
Transmission Agreement Revision for Construction and Operations of the
Coyote Springs Interconnection, Implementation and COE Permits, Morrow
County, OR.
Summary: EPA had environmental concerns based on potential
significant cumulative CO2 emissions from coal and cogeneration
plants within the project area and because no further analysis was
provided of other possible gas pipeline alternatives that were
considered but dropped from further consideration.
ERP No. F-UAF-G11024-TX, Carswell Air Force Base (AFB) Disposal and
Reuse, Implementation, Tarrant County, TX.
Summary: EPA had no objections to the proposed project.
Dated: August 30, 1994.
Richard E. Sanderson,
Director, Office of Federal Activities.
[FR Doc. 94-21782 Filed 9-1-94; 8:45 am]
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Complete official Federal Register PDF
FR Doc. 94-21781 Environmental Impact Statements; Notice of Availability
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
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ENVIRONMENTAL PROTECTION AGENCY
[ER-FRL-4714-8]
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 August 22,
1994 Through August 26, 1994 Pursuant to 40 CFR 1506.9.
EIS No. 940353, FINAL EIS, AFS, UT, Pacer Timber Harvest and Timber
Sale, Implementation, Dixie National Forest, Escalante Ranger District,
Garfield County, UT, Due: October 03, 1994, Contact: Cindy Calbawn
(801) 826-5400.
EIS No. 940354, DRAFT EIS, COE, MO, ND, SD, NB, IA, KS, Missouri River
Master Water Plan Operation, Multipurpose Project, SD, NB, IA, MO, Due:
October 17, 1994, Contact: Lawrence Cieslik (402) 221-7360.
EIS No. 940355, FINAL EIS, FHW, FL, North Suncoast Corridor,
Transportation Improvement and Construction, Northwest Expressway Zone
1 in Hillsborough Co., to US 98 in Hernando Co., to Zone 2 FL-52 in
Pasco Co., Funding, Section 404 Permit, Hillsborough, Hernando and
Pasco Counties, FL, Due: October 03, 1994, Contact: Jennings R. Skinner
(904) 681-7223.
EIS No. 940356, DRAFT EIS, FHW, WI, Outagamie County Trunk Highway CB
(West Side Arterial) Construction, between County Trunk Highway JJ with
Pendleton Road and intersection of County Trunk Highway BB with
Mayflower Road, Funding, COE 404 Permit, Winnebago County, WI, Due:
October 17, 1994, Contact: James R. Zavoral (608) 264-5944.
EIS No. 940357, DRAFT EIS, FHW, CA, CA Route 152 Adoption and Right-of-
Way Preservation, from Santa Teresa Boulevard to CA-156, Tier 1
Corridor Identification, Santa Clara and San Benito Counties, CA, Due:
October 17, 1994, Contact: John R. Schultz (916) 551-1314.
EIS No. 940358, DRAFT EIS, BLM, NV, Cortez Pipeline Gold Deposit
Project, Development, Construction and Operation of Open-Pit Mine,
Right-of-Way Permit, COE Section 404 Permit, Lander County, NV, Due:
November 04, 1994, Contact: Dave Davis (702) 635-4000.
EIS No. 940359, FINAL EIS, AFS, OR, Newberry National Volcanic Monument
Comprehensive Management Plan, Implementation, Deschutes National
Forest, Deschutes County, OR, Due: October 03, 1994, Contact: Carolyn
Wisdom (503) 383-4702.
EIS No. 940360, FINAL EIS, BLM, WY, Creston/Blue Gap Natural Gas and
Oil Development Project, Construction and Operation, Special-Use-
Permit, Right-of-Way and COE Section 404 Permit, Carbon and Sweetwater
Counties, WY, Due: October 03, 1994, Contact: Bob Tigner (307) 324-
7171.
EIS No. 940361, DRAFT EIS, GSA, AZ, Phoenix Federal Building--United
States Courthouse, Site Selection and Construction within a portion of
the Central Business District, City of Phoenix, AZ, Due: October 21,
1994, Contact: Alan Campbell (415) 744-5252.
EIS No. 940362, FINAL EIS, USA, MS, Camp Shelby Continued Military
Training Activities, Use of National Forest Lands, Special Use Permit,
Desoto National Forest, Forrest, George and Perry Counties, MS, Due:
October 03, 1994, Contact: Woodrow G. Lyon (601) 584-2764.
Amended Notices
EIS No. 910003, DRAFT EIS, AFS, WA, Chenuis Creek/Cayada Mountain
Timber Sale, Timber Harvest/Improvement, Implementation, MT. Baker-
Snoqualmie National Forest, Clearwater Roadless Area, White River
Ranger District, Pierce County, WA, Due: February 25, 1991, Contact:
Ted Lewis (206) 825-6585.
Published FR 1-11-91--Officially Canceled by Preparing Agency.
Dated: August 30, 1994.
Richard E. Sanderson,
Director, Office of Federal Activities.
[FR Doc. 94-21781 Filed 9-1-94; 8:45 am]
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Complete official Federal Register PDF
FR Doc. 94-21780 Proposed Administrative Penalty Assessment and Opportunity to Comment
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5064-9]
Proposed Administrative Penalty Assessment and Opportunity to
Comment
AGENCY: Environmental Protection Agency.
ACTION: Notice of Proposed Assessment of Clean Water Act Class II
Administrative Penalty and Opportunity to Comment.
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SUMMARY: EPA is providing notice of a proposed administrative penalty
for alleged violations of the Clean Water Act. EPA is also providing
notice of opportunity to comment on the proposed penalty.
EPA is authorized under section 309(g) of the Act, 33 U.S.C.
1319(g), to assess a civil penalty after providing the person subject
to the penalty notice of the proposed penalty and the opportunity for a
hearing, and after providing interested persons public notice of the
proposed penalty and a reasonable opportunity to comment on its
issuance. Under section 309(g), any person who without authorization
discharges a pollutant to a navigable water, as those terms are defined
in section 502 of the Act, 33 U.S.C. 1362, may be assessed a penalty of
up to $125,000 by EPA. Class II proceedings under section 309(g) are
conducted in accordance with the ``Consolidated Rules of Practice
Governing the Administrative Assessment of Civil Penalties and the
Revocation or Suspension of Permit'', 40 CFR part 22.
EPA is providing public notice of the following proposed Class II
penalty proceeding initiated by the Water Management Division, U.S.
EPA, Region 9, 75 Hawthorne St., San Francisco, CA 94105:
In the Matter of Stone Forest Industries, Inc., Flagstaff, Arizona,
NPDES Permit No. AZ0021474; Docket No. IX-FY94-23, filed August 24,
1994; proposed penalty, $98,000, for discharges to Rio de Flag in
violation of permit conditions (chiefly related to suspended solids,
oil and grease and pH) between January 1990 and December 1992 from a
lumber mill operated by Stone Forest Industries, Inc., at 825 E. Butler
Ave., Flagstaff, AZ 86001.
The procedures by which the public may comment on a proposed Class
II penalty or participate in a Class II penalty proceeding are set
forth in 40 CFR part 22. The deadline for submitting public comment on
a proposed Class II penalty is thirty days after issuance of public
notice. The Regional Administrator of EPA, Region 9 may issue an order
upon default if the respondent in the proceeding fails to file a
response within the time period specified in part 22.
FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of
40 CFR part 22, review the complaint, the proposed consent order, or
other documents filed in this proceeding, comment upon the proposed
penalty, or participate in any hearing that may be held, should contact
Steven Armsey, Regional Hearing Clerk, U.S. EPA, Region 9, 75 Hawthorne
St., San Francisco, CA 94105, (415) 744-1389. Documents filed as part
of the public record in these proceedings are available for inspection
during business hours at the office of the Regional Hearing Clerk.
In order to provide opportunity for public comment, EPA will not
take final action in this proceeding prior to thirty days after
issuance of this notice.
Dated: August 25, 1994.
Alexis Strauss,
Acting Director, Water Management Division.
[FR Doc. 94-21780 Filed 9-1-94; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 94-21778 Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21778]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of opportunity to request Administrative Review of
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation.
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Background
Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspension of
investigation, an interested party, as defined in section 771(9) of the
Tariff Act of 1930, as amended, may request, in accordance with
Sec. 353.22 or 355.22 of the Department of Commerce (the Department)
Regulations (19 CFR 353.22/355.22 (1993)), that the Department conduct
an administrative review of that antidumping or countervailing duty
order, finding, or suspended investigation.
Opportunity To Request a Review
Not later than September 30, 1994, interested parties may request
administrative review of the following orders, findings, or suspended
investigations, with anniversary dates in September for the following
periods:
------------------------------------------------------------------------
Period
------------------------------------------------------------------------
Antidumping Duty Proceedings:
Argentina: Silicon Metal, (A-357-804)......... 09/01/93-08/31/94
Canada: Replacement Parts for Self-Propelled
Bituminous Paving Equipment, (A-122-057)..... 09/01/93-08/31/94
Canada: Steel Jacks, (A-122-006).............. 09/01/93-08/31/94
Canada: Steel Rail, (A-122-804)............... 09/01/93-08/31/94
Germany: Certain Forged Steel Crankshafts, (A-
428-604)..................................... 09/01/93-08/31/94
Italy: Pads for Woodwind Instrument Keys, (A-
475-810)..................................... 09/01/93-08/31/94
Japan: Filament Fabric, (A-588-607)........... 09/01/93-08/31/94
Taiwan: Chrome-Plated Lug Nuts, (A-583-810)... 09/01/93-08/31/94
The People's Republic of China: Chrome-Plated
Lug Nuts, (A-570-808)........................ 09/01/93-08/31/94
The People's Republic of China: Greige
Polyester/Cotton Printcloth, (A-570-101)..... 09/01/93-08/31/94
The People's Republic of China: CDIW Fittings
& Glands, (A-570-820)........................ 11/20/92-08/31/94
The United Kingdom: Certain Forged Steel
Crankshafts, (A-412-602)..................... 09/04/93-08/31/94
Suspension Agreements:
Argentina: Certain Carbon Steel Wire Rod, (C-
357-004)..................................... 01/01/93-12/31/93
Peru: Cotton Shop Towels, (C-333-401)......... 01/01/93-12/31/93
Countervailing Duty Proceedings:
Argentina: Line Pipe, (C-357-801)............. 01/01/93-12/31/93
Argentina: Standard Pipe, (C-357-801)......... 01/01/93-12/31/93
Argentina: Light-Walled Rectangular Tubing, (C-
357-801)..................................... 01/01/93-12/31/93
Argentina: Heavy-Walled Rectangular Tubing, (C-
357-801)..................................... 01/01/93-12/31/93
Canada: New Steel Rail, Except Light Rail, (C-
122-805)..................................... 01/01/93-12/31/93
Israel: Fresh Cut Roses, (C-508-064).......... 10/01/92-09/30/93
New Zealand: Lamb Meat, (C-614-503)........... 04/01/93-03/31/94
New Zealand: Steel Wire, (C-614-601).......... 07/01/93-06/30/94
Thailand: Steel Wire Rope, (C-549-806)........ 01/01/93-12/31/93
Venezuela: Circular Welded Nonalloy Steel
Pipe, (C-307-806)............................ 01/01/93-12/31/93
------------------------------------------------------------------------
In accordance with Secs. 353.22(a) and 355.22(a) of the
regulations, an interested party may request in writing that the
Secretary conduct an administrative review. For antidumping reviews,
the interested party must specify for which individual producers or
resellers covered by an antidumping finding or order it is requesting a
review, and the requesting party must state why it desires the
Secretary to review those particular producers or resellers. If the
interested party intends for the Secretary to review sales of
merchandise by a reseller (or a producer if that producer also resells
merchandise from other suppliers) which were produced in more than one
country of origin, and each country of origin is subject to a separate
order, then the interested party must state specifically which
reseller(s) and which countries of origin for each reseller the request
is intended to cover.
Seven copies of the request should be submitted to the Assistant
Secretary for Import Administration, International Trade
Administration, Room B-099, U.S. Department of Commerce, Washington,
D.C. 20230. The Department also asks parties to serve a copy of their
requests to the Office of Antidumping Compliance, Attention: John
Kugelman, in room 3065 of the main Commerce Building. Further, in
accordance with Sec. 353.31(g) or 355.31(g) of the regulations, a copy
of each request must be served on every party on the Department's
service list.
The Department will publish in the Federal Register a notice of
``Initiation of Antidumping (Countervailing) Duty Administrative
Review,'' for requests received by September 30, 1994. If the
Department does not receive, by September 30, 1994, a request for
review of entries covered by an order or finding listed in this notice
and for the period identified above, the Department will instruct the
Customs Service to assess antidumping or countervailing duties on those
entries at a rate equal to the cash deposit of (or bond for) estimated
antidumping or countervailing duties required on those entries at the
time of entry, or withdrawal from warehouse, for consumption and to
continue to collect the cash deposit previously ordered.
This notice is not required by statute, but is published as a
service to the international trading community.
Dated: August 29, 1994.
Joseph A. Spetrini,
Deputy Assistant Secretary for Compliance.
[FR Doc. 94-21778 Filed 9-1-94; 8:45 am]
BILLING CODE 3510-DS-M
Complete official Federal Register PDF
FR Doc. 94-21777 Fabric Expanded Neoprene Laminate From Japan, Revocation of the Antidumping Duty Order
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21777]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF COMMERCE
[A-588-404]
Fabric Expanded Neoprene Laminate From Japan, Revocation of the
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Revocation of Antidumping Duty Order.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce (the Department) is notifying the
public of its revocation of the antidumping duty order on fabric
expanded neoprene laminate from Japan because it is no longer of any
interest to domestic interested parties.
EFFECTIVE DATE: September 2, 1994.
FOR FURTHER INFORMATION CONTACT: Sally Hastings or Michael Panfeld,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street &
Constitution Avenue, N.W., Washington, D.C. 20230, telephone (202) 482-
4366.
SUPPLEMENTARY INFORMATION:
Background
The Department may revoke an antidumping duty order if the
Secretary concludes that the duty order is no longer of any interest to
domestic interested parties. We conclude that there is no interest in
an antidumping duty order when no interested party has requested an
administrative review for five consecutive review periods and when no
domestic interested party objects to revocation (19 CFR
353.25(d)(4)(iii)).
On July 1, 1994, the Department published in the Federal Register
(59 FR 33955) its notice of intent to revoke the antidumping duty order
on fabric expanded neoprene laminate from Japan (July 19, 1985).
Additionally, as required by 19 CFR 353.25(d)(4)(ii), the
Department served written notice of its intent to revoke this
antidumping duty order on each domestic interested party on the service
list. Domestic interested parties who might object to the revocation
were provided the opportunity to submit their comments not later than
the last day of the anniversary month.
In this case, we received no requests for review for five
consecutive review periods. Furthermore, no domestic interested party,
as defined under Sec. 353.2(k)(3), (k)(4), (k)(5), or (k)(6) of the
Department's regulations, has expressed opposition to revocation. Based
on these facts, we have concluded that the antidumping duty order on
fabric expanded neoprene laminate from Japan is no longer of any
interest to interested parties. Accordingly, we are revoking this
antidumping duty order in accordance with 19 CFR 353.25(d)(4)(iii).
Scope of the Order
Imports covered by the revocation are shipments of fabric expanded
neoprene laminate from Japan. This merchandise is currently
classifiable under Harmonized Tariff Schedules (HTS) item numbers
5602.10.00, 5906.91.20, 5906.91.25, 5906.99.20, 5906.99.25, 5911.10.20.
The HTS numbers are provided for convenience and customs purposes. The
written description remains dispositive.
This revocation applies to all unliquidated entries of fabric
expanded neoprene laminate from Japan entered, or withdrawn from
warehouse, for consumption on or after July 1, 1994. Entries made
during the period July 1, 1993 through June 30, 1994, will be subject
to automatic assessment in accordance with 19 CFR 353.22(e). The
Department will instruct the Customs Service to proceed with
liquidation of all unliquidated entries of this merchandise entered, or
withdrawn from warehouse, for consumption on or after July 1, 1994,
without regard to antidumping duties, and to refund any estimated
antidumping duties collected with respect to those entries. This notice
is in accordance with 19 CFR 353.25(d).
Dated: August 28, 1994.
Roland L. MacDonald,
Acting Deputy Assistant Secretary for Compliance.
[FR Doc. 94-21777 Filed 9-1-94; 8:45 am]
BILLING CODE 3510-DS-P
Complete official Federal Register PDF
FR Doc. 94-21776 Public Meetings on National Energy Policy
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21776]
[[Page Unknown]]
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DEPARTMENT OF ENERGY
Public Meetings on National Energy Policy
AGENCY: Office of Policy, U.S. Department of Energy.
ACTION: Supplemental notice of public meetings.
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SUMMARY: The U.S. Department of Energy is announcing further
information on the series of public meetings announced in the
Wednesday, July 20, 1994, Federal Register (59 FR 37036).
DATES AND ADDRESSES:
Boston, Massachusetts. September 12, 1994. Massachusetts Institute of
Technology, Stratton Building Student Center--Room: Sala de Puerto
Rico, 84 Massachusetts Avenue, Cambridge, Massachusetts.
Oakland, California. September 23, 1994. Edward R. Roybal Auditorium,
Oakland Federal Building, 1301 Clay Street, Oakland, California.
Denver, Colorado, September 29-30, 1994. Location TBD.
Athens, Georgia. October 11, 1994. University of Georgia, Georgia
Center for Continuing Education, 1197 South Lumpkin Street, Athens,
Georgia.
New Orleans, Louisiana. December 2, 1994. Location TBD.
Chicago, Illinois. Location and Date TBD.
Agenda
Each of the one-day regional meetings will begin with a town-
meeting format discussion on general energy issues followed by two
roundtable discussions on specific issues of particular interest to the
regions. A period for general public comment and short public
presentations will be available at the end of each meeting.
Regional Meeting Agenda--Standard
8:30 a.m. Introduction
8:45 a.m. Town Meeting on Energy
10:00 a.m. Roundtable Discussion: Topic I
12:30 p.m. Lunch Break
1:30 p.m. Roundtable Discussion: Topic II
4:00 p.m. Public Presentations--General Topics
5:00 p.m. Adjourn
Roundtable Discussion Topics by Meeting
Boston, MA
--Energy and Industrial Competitiveness
--Energy and the Environment
Oakland, CA
--Science and Technology for Sustainable Development
--The Transportation Future: Emerging Challenges and Choices
Denver, CO
--Renewable Energy: Progress and Prospects
--Competition in Electric Power Sectors
--Natural Gas: Increasing Utilization of a Clean Domestic Fuel
Chicago, IL
--Energy Issues in Urban Areas
--The Future of Coal as an Energy Resource Domestic Fuel
New Orleans, LA
--Oil and Gas and the Domestic Economy
--Energy Efficiency
FOR FURTHER INFORMATION CONTACT:
For questions regarding the public meetings, written submissions, or if
you would like to make a 3-5 minute public presentation, please call
the National Energy Policy Plan Public Information Hotline: (615) 214-
2545. For other information, contact Terri Walters, U.S. Department of
Energy, Office of Policy, 1000 Independence Avenue SW., Washington, DC
20585, (202) 586-1800.
SUBMISSION OF WRITTEN COMMENTS: Written comments are requested before
October 31, 1994. Mail submission to Oak Ridge Institute for Science
and Education, P.O. Box 117, Oak Ridge, Tennessee 37831-0117, ATTN:
Mary Jean Brewer. Please submit a DOS or Macintosh diskette copy (ASCII
format preferred) and a typed copy of input. Submissions can also be
sent electronically through Internet at [email protected]
For all submissions, please include you name, address, and a day-
time telephone number.
Susan F. Tierney,
Assistant Secretary of Energy for Policy.
[FR Doc. 94-21776 Filed 9-1-94; 8:45 am]
BILLING CODE 6450-01-M
Complete official Federal Register PDF
FR Doc. 94-21775 Notice of Availability of a Draft Recovery Plan for the Sensitive Joint-Vetch for Review and Comment
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21775]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF THE INTERIOR
Notice of Availability of a Draft Recovery Plan for the Sensitive
Joint-Vetch for Review and Comment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of document availability.
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SUMMARY: The U.S. Fish and Wildlife Service announces the availability
for public review of a draft Recovery Plan for the sensitive joint-
vetch (Aeschynomene virginica). The sensitive joint-vetch is an annual
legume that occurs in intertidal areas along river systems in North
Carolina, Virginia, Maryland, and New Jersey. The species was listed as
a threatened species in 1992 due to destruction and degradation of its
habitat. The primary recovery strategy for this species is to protect
extant sensitive joint-vetch sites within six watersheds in Virginia,
Maryland, and New Jersey. The Service solicits review and comment from
the public on this draft Plan.
DATES: Comments on the draft Recovery Plan must be received by December
1, 1994, to receive consideration by the Service.
ADDRESSES: Persons wishing to review the draft Recovery Plan can obtain
a copy from the U.S. Fish and Wildlife Service, Virginia Field Office,
Mid-County Center, U.S. Route 17, White Marsh, Virginia 23183,
telephone (804) 693-6694. Comments should be sent to this address, to
the attention of Cindy Schulz.
FOR FURTHER INFORMATION CONTACT: Cindy Schulz (see ADDRESSES).
SUPPLEMENTARY INFORMATION:
Background
Restoring an endangered or threatened animal or plant to the point
where it is again a secure, self-sustaining member of its ecosystem is
a primary goal of the U.S. Fish and Wildlife Service's endangered
species program. To help guide the recovery effort, the Service is
working to prepare Recovery Plans for most of the listed species native
to the United States. Recovery Plans describe actions considered
necessary for conservation of the species, establish criteria for the
recovery levels for downlisting them, and estimate time and cost for
implementing the recovery measures needed.
The Endangered Species Act of 1973 (Act), as amended (16 U.S.C.
1531 et seq.) requires the development of Recovery Plans for listed
species unless such a Plan would not promote the conservation of a
particular species. Section 4(f) of the Act, as amended in 1988,
requires that public notice and an opportunity for public review and
comment be provided during Recovery Plan development. The Service will
consider all information presented during a public comment period prior
to approval of each new or revised Recovery Plan. The Service and other
Federal agencies will also take these comments into account in the
course of implementing Recovery Plans.
The document submitted for review is the draft Sensitive Joint-
Vetch (Aeschynomene virginica) Recovery Plan. The Sensitive joint-vetch
is an annual legume of the bean family native to the eastern United
States. This species occurs in freshwater tidal river systems;
currently, it is known from a total of 24 extant sites, including one
in New Jersey, one in Maryland, two in North Carolina and 20 in
Virginia. Almost every population of this species is subject to water
withdrawal projects or habitat loss, modification, or degradation from
development.
The goal of the sensitive joint-vetch recovery program is to
protect, maintain, and increase the species and its habitat, enabling
eventual removal of this plant from the Federal list of endangered and
threatened wildlife and plants. This will be accomplished through
habitat protection (preventing habitat destruction and deterioration)
at the landscape level and possibly by finding additional populations.
The draft Recovery Plan is being submitted for agency review. After
consideration of comments received during the review period, the Plan
will be submitted for final approval.
Public Comments Solicited
The Service solicits written comments on the Recovery Plan
described. All comments received by the date specified above will be
considered prior to approval of the Plan.
Authority
The authority for this action is Section 4(f) of the Endangered
Species Act, 16 U.S.C. 1533(f).
Dated: August 26, 1994.
Cathy Short,
Acting Regional Director.
[FR Doc. 94-21775 Filed 9-1-94; 8:45 am]
BILLING CODE 4310-55-M
Complete official Federal Register PDF
FR Doc. 94-21773 Public Meeting in Portland, OR on Customs Automated Export System
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21773]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF THE TREASURY
Customs Service
Public Meeting in Portland, OR on Customs Automated Export System
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: This notice announces the location and date of a public
meeting to be held in Portland, Oregon on the development of the
Automated Export System (AES). This meeting is being held to (1) give
Customs managers an opportunity to provide the public with information
related to the development of AES and (2) give attendees an opportunity
to ask questions, make suggestions, and provide Customs with informal
ideas related to AES design and functionality.
DATES: September 26, 1994.
ADDRESSES: Main Post Office Building, Conference Rooms A & B, 4th
Floor, 715 NW Hoyt Street, Portland, Oregon.
FOR FURTHER INFORMATION CONTACT: Ms. Andrea Macilko (503) 326-2875;
Pre-registration Fax: (503) 326-3511.
General AES questions: Lorna Finley, AES Development Team, U.S.
Customs Service, 1301 Constitution Avenue NW., room 7331, Washington,
DC, 20229, (202) 927-0280.
SUPPLEMENTARY INFORMATION:
Background
In a document published in the Federal Register on June 13, 1994,
(59 FR 30383) Customs announced its intention of developing an
Automated Export System (AES) and informed the public that a series of
meetings would be held around the country regarding the AES. This
notice is being issued to inform the public of the date and time of the
final meeting in that series which will be held in Portland, Oregon.
Since AES is in the very early design stage, the AES Development
Team has held a series of public meetings for the purpose of (1) giving
Customs managers an opportunity to provide the public with information
related to the development of AES and (2) giving attendees an
opportunity to ask questions, make suggestions, and provide Customs
with informal ideas related to AES design and functionality. Each
meeting opens with a short presentation on AES, past, present and
future. After this presentation, the floor is open to all attendees for
general informal discussion of the AES program.
In this document, Customs is announcing the final public meeting on
AES. The meeting will be held in Portland, Oregon on September 26,
1994, commencing at 1:00 p.m. at the following address: Main Post
Office Building, Conference Rooms A & B, 4th Floor, 715 NW Hoyt Street.
Point of Contact: Ms. Andrea Macilko (503) 326-2875. Pre-registration
Fax Number (503) 326-3511.
In order to ensure that overcrowding does not result, persons
planning to attend the meeting are requested to preregister by
contacting Ms. Andrea Macilko at the telephone or Fax numbers provided
above in advance of the meeting date.
Dated: August 29, 1994.
Harvey B. Fox,
Director, Office of Regulations and Rulings.
[FR Doc. 94-21773 Filed 9-1-94; 8:45 am]
BILLING CODE 4820-02-P
Complete official Federal Register PDF
FR Doc. 94-21772 Proposed Exemptions; BMF Financial Corp. Deferred Savings Plan
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21772]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
[Application No. D-9732, et al.]
Proposed Exemptions; BMF Financial Corp. Deferred Savings Plan
AGENCY: Pension and Welfare Benefits Administration, Labor.
ACTION: Notice of Proposed Exemptions.
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SUMMARY: This document contains notices of pendency before the
Department of Labor (the Department) of proposed exemptions from
certain of the prohibited transaction restrictions of the Employee
Retirement Income Security Act of 1974 (the Act) and/or the Internal
Revenue Code of 1986 (the Code).
Written Comments and Hearing Requests
Unless otherwise stated in the Notice of Proposed Exemption, all
interested persons are invited to submit written comments, and with
respect to exemptions involving the fiduciary prohibitions of section
406(b) of the Act, requests for hearing within 45 days from the date of
publication of this Federal Register Notice. Comments and requests for
a hearing should state: (1) The name, address, and telephone number of
the person making the comment or request, and (2) the nature of the
person's interest in the exemption and the manner in which the person
would be adversely affected by the exemption. A request for a hearing
must also state the issues to be addressed and include a general
description of the evidence to be presented at the hearing. A request
for a hearing must also state the issues to be addressed and include a
general description of the evidence to be presented at the hearing.
ADDRESSES: All written comments and request for a hearing (at least
three copies) should be sent to the Pension and Welfare Benefits
Administration, Office of Exemption Determinations, Room N-5649, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210. Attention: Application No. stated in each Notice of Proposed
Exemption. The applications for exemption and the comments received
will be available for public inspection in the Public Documents Room of
Pension and Welfare Benefits Administration, U.S. Department of Labor,
Room N-5507, 200 Constitution Avenue, NW., Washington, DC 20210.
Notice to Interested Persons
Notice of the proposed exemptions will be provided to all
interested persons in the manner agreed upon by the applicant and the
Department within 15 days of the date of publication in the Federal
Register. Such notice shall include a copy of the notice of proposed
exemption as published in the Federal Register and shall inform
interested persons of their right to comment and to request a hearing
(where appropriate).
SUPPLEMENTARY INFORMATION: The proposed exemptions were requested in
applications filed pursuant to section 408(a) of the Act and/or section
4975(c)(2) of the Code, and in accordance with procedures set forth in
29 CFR Part 2570, Subpart B (55 FR 32836, 32847, August 10, 1990).
Effective December 31, 1978, section 102 of Reorganization Plan No. 4
of 1978 (43 FR 47713, October 17, 1978) transferred the authority of
the Secretary of the Treasury to issue exemptions of the type requested
to the Secretary of Labor. Therefore, these notices of proposed
exemption are issued solely by the Department.
The applications contain representations with regard to the
proposed exemptions which are summarized below. Interested persons are
referred to the applications on file with the Department for a complete
statement of the facts and representations.
BMJ Financial Corp. Deferred Savings Plan (the Plan), Located in
Bordentown, New Jersey
[Application No. D-9732]
Proposed Exemption
The Department is considering granting an exemption under the
authority of section 408(a) of the Act and section 4975(c)(2) of the
Code and in accordance with the procedures set forth in 29 C.F.R. Part
2570, Subpart B (55 F.R. 32836, 32847, August 10, 1990). If the
exemption is granted the restrictions of sections 406(a), 406 (b)(1)
and (b)(2) of the Act and the sanctions resulting from the application
of section 4975 of the Code, by reason of section 4975(c)(1) (A)
through (E) of the Code, shall not apply to (1) the past acquisition of
certain stock rights (the Rights) by the Plan pursuant to a stock
rights offering (the Offering) by BMJ Financial Corporation (BMJ) to
shareholders of record as of February 9, 1993 of BMJ common stock (the
Common Stock); (2) the holding of the Rights by the Plan during the
subscription period of the Offering; and (3) the past exercise of the
Rights by the Plan; provided that the following conditions are
satisfied:
(1) The Plan's acquisition and holding of the Rights occurred in
connection with the Offering made available to all shareholders of
the Common Stock;
(2) The Plan's acquisition and holding of the Rights resulted
from an independent act of BMJ as a corporate entity, and all
holders of Common Stock, including the Plan, were treated in the
same manner with respect to the Offering; and
(3) The authority for all decisions regarding the acquisition,
holding and control of the Rights by the Plan was exercised by an
independent fiduciary which made determinations as to whether and
how the Plan should exercise or sell the Rights acquired through the
Offering.
EFFECTIVE DATE: This exemption, if granted, will be effective as of
February 9, 1993, the Record Date of the Offering.
Summary of Facts and Representations
1. BMJ Financial Corporation (BMJ) is a bank holding corporation
chartered in New Jersey, with its headquarters in Bordentown, New
Jersey. BMJ and its affiliates sponsor the Plan on behalf of their
employees. In order to obtain additional capital to comply with certain
federal regulatory requirements governing minimum capitalization, BMJ
determined to issue stock rights (the Rights) in 1993. The Rights were
issued to all holders of BMJ common stock (the Common Stock), enabling
recipients to acquire additional shares of Common Stock. Since the Plan
was among the holders of Common Stock when the Rights were issued by
BMJ, the Plan received such Rights. BMJ requests an exemption to permit
the Plan's past acquisition and holding of the Rights under the
circumstances and conditions described herein.
2. The Plan is a profit-sharing plan that receives elective
employee contributions pursuant to arrangements subject to section
401(k) of the Code, and employer matching contributions subject to
section 401(m) of the Code. Employer matching contributions are paid in
the form of Common Stock. As of December 31, 1992, the Plan had
approximately 304 participants and total assets of $4,075,795.52. The
Plan is administered by a committee consisting of six employees and an
outside director, each appointed by BMJ's board of directors (the
Committee). The Committee directs the administration of the Plan and
possesses all powers necessary to carry out the terms of the Plan. The
Bank of Mid-Jersey serves as the current trustee (the Trustee) for the
Plan, as directed by the Committee. In order to enable the Plan's
active participation in the Offering and to provide for independent
representation of the Plan's interests with respect to the Offering,
certain amendments were made to the Plan's trust document (the Trust
Agreement) prior to the Offering. The amendments are described as
follows: (a) The Trust Agreement was amended to authorize BMJ to
appoint one or more investment managers to manage the investment of all
or a portion of the Plan assets; (b) The Trust Agreement was amended to
require BMJ to furnish to the Trustee the name of any Plan investment
manager appointed by BMJ and to allow the Trustee to assume that any
such manager remains authorized to direct the Trustee until notified
otherwise; and (c) The Trust Agreement was amended to permit the
Trustee to take any actions necessary to carry out the instructions of
an appointed investment manager properly authorized under the Trust
Agreement.
Pursuant to the amendments to the Plan, BMJ entered into an
agreement (the Appointment) with the Swathmore Group, Inc. (the
Fiduciary) providing for independent representation of the Plan with
respect to the Offering. The terms of the Appointment provide that the
Fiduciary serves as an ``investment manager'' on behalf of the Plan, as
that term is defined in section 3(38) of Title I of the Act, with
respect to the Offering. Under the Appointment, the Fiduciary is
granted, for the entire period of the Offering, the exclusive authority
to direct the Committee with respect to (a) All Rights issued to the
Plan, (b) all Common Stock held by the Plan, and (c) the employer
matching contributions paid to the Plan in cash by BMJ and its
affiliates on January 12, January 29, February 12, February 26, and
March 12, 1993. BMJ represents that the Fiduciary was selected to serve
in this capacity because of its extensive investment experience, its
familiarity with securities distributions like the Offering, its prior
experience as an investment manager on behalf of plans subject to the
Act, and its independence from all other parties to the transaction.
The Fiduciary represents that it is a registered investment advisor
incorporated under the laws of Delaware, that it has substantial
fiduciary experience under the Act, and that it is independent of and
unrelated to BMJ and its affiliates.
3. On February 9, 1993, BMJ had issued and outstanding
approximately 4,365,295 shares of Common Stock, $1.00 par value, of
which 122,042.02 shares, or 2.80 percent, were owned by the Plan.\1\
Executive officers of BMJ directly or indirectly owned, in the
aggregate, 33,910 shares of the outstanding common stock, excluding (1)
Shares held by the Plan, (2) shares subject to stock options, and (3)
shares held in certain trusts established for the benefit of
nonemployee members of the BMJ board of directors. Accordingly, as of
February 9, 1993 the combined holdings of the Plan and BMJ's executive
officers were approximately 155,952 shares, or 3.57 percent of the
issued and outstanding Common Stock, while unrelated persons held
approximately 4,209,343 shares, or 96.43 percent, of the issued and
outstanding Common Stock. Pursuant to a registration statement filed by
the Securities and Exchange Commission effective February 12, 1993, BMJ
announced that it intended to distribute certain stock subscription
rights (the Rights) to BMJ's Common Stock holders, as part of a plan of
recapitalization of BMJ and two of its subsidiaries, the Bank of Mid-
Jersey and Mt. Holly State Bank.
\1\The applicant represents that the Common Stock owned by the
Plan as of the Record Date constituted qualifying employer
securities as defined in section 407(d)(5) of Title I of the Act
and, therefore, satisfied the requirements of section 407(a) of
Title I of the Act.
4. Under the terms of the Rights offer (the Offering), each
shareholder received 0.56 Rights for each share of Common Stock held as
of the close of business on Tuesday, February 9, 1993 (the Record
Date). The Rights were treated as separate securities under federal
securities laws and were traded on the NASDAQ national market system
separately from the Common Stock. Pursuant to the terms of the
Offering, the Rights were exercisable until 5:00 p.m. E.S.T. on Monday,
March 15, 1993. Thereafter, any unexercised Rights expired and became
worthless. Each Right conferred upon the registered holder thereof the
right (the Basic Privilege) to purchase one share of Common Stock at a
stated exercise price of $4.75 per share (the Exercise Price). Each
Right also carried with it the nontransferable right to subscribe, at
the Exercise Price, for the shares underlying any Rights that remained
unexercised upon the expiration of the Offering on March 15, 1993,
subject to proration (the Oversubscription Privilege).2 Only
holders of Common Stock who exercised all their Rights pursuant to the
Basic Privilege were entitled to subscribe for shares pursuant to the
Oversubscription Privilege.
\2\If the oversubscription requests exceeded the number of
available shares, the available shares were to be allocated or
``prorated'' among the oversubscribers in proportion to the number
of shares each purchased pursuant to the Basic Privilege.
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A total of 3,176,144 shares of the Common Stock were issued by BMJ
pursuant to the Offering. Of this total, 2,444,565 shares were issued
through the exercise of Rights, with 2,100,433 shares purchased through
the Basic Privilege and 344,132 shares purchased through the
Oversubscription Privilege. The remaining 731,579 shares of the total
sold pursuant to the Offering were sold pursuant to standby purchase
agreements with eight standby purchasers. Executive officers and
members of the board of directors of BMJ purchased 207,883 shares of
the Common Stock issued pursuant to the Offering. Gross proceeds
generated by BMJ from the Offering totalled $15,086,684, including
$3,470,000 raised through standby purchase agreements. All sales of
Common Stock pursuant to the Offering were made at the Exercise Price,
$4.75 per share. On February 8, 1993, prior to the Record Date, the
Common Stock closed on the NASDAQ system at a price of $8.88 per share.
The Plan received 68,343 Rights as a result of the Offering because the
Plan had held 122,042 shares of Common Stock as of the Record Date.
5. The Fiduciary represents that it exercised due diligence to
determine the most prudent response to the Offering on behalf of the
Plan, and that all information relevant to the Offering was analyzed,
including the following: (a) The terms of the Plan and its trust
document; (b) the economic impact on the Plan under various
alternatives, including selling the Rights, exercising the Rights,
taking no action and any combination of these alternatives; (c) the
cash balances available to the Plan, the Plan's expected cash flow and
the Plan's ability to borrow cash; (d) the likely value of the
Oversubscription Privilege and the likelihood of any shares becoming
available thereunder; and (e) the procedures and methodology of the
Offering.
On the basis of its considerations of all options available to the
Plan under the circumstances prevailing at the time of the Offering,
the Fiduciary represents that it determined that the most prudent
course of action was for the Plan to exercise the Basic Privilege with
respect to all 68,343 Rights issued to the Plan. To do so, the Plan
needed $324,629.25 in cash, which was $263,335.49 more than the Plan
ultimately received in cash matching contributions before the close of
the Offering on March 15, 1993. In order to generate the additional
cash needed to exercise the Rights, the Fiduciary determined that the
Plan should sell a portion of the Common Stock held by the Plan. In
addition, the Fiduciary also determined that the Plan should borrow
$60,000, if possible, to acquire an additional 12,500 shares of Common
Stock, if such shares became available to the Plan pursuant to the
Oversubscription Privilege. Although the Plan had additional shares of
Common Stock it could sell to raise the cash necessary to exercise the
Oversubscription Privilege, the Fiduciary represents that it had
determined that very few shares of additional Common Stock would become
available pursuant to the Oversubscription Privilege, and that the
transaction costs involved in the Plan selling the additional shares
were not justified. The Fiduciary determined that a short-term loan, on
the other hand, permitted the Plan to raise the necessary cash at
relatively modest cost.
The Fiduciary states that once it had made the foregoing
determinations, it directed the Committee and the Trustee to take the
following steps: (1) Immediately sell 38,000 shares of Common Stock on
the NASDAQ system for $7.00 per share, which was the net price per
share prevailing on the NASDAQ on March 4, 1993, the day the
instructions were received; (2) Apply the sales proceeds and the cash
matching contributions to exercise the Basic Privilege with respect to
all Rights issued to the Plan at a cost of $324,629.25; and (3) If
possible, borrow $60,000 (the Loan) and apply the Loan proceeds to
exercise the Oversubscription Privilege for an additional 12,500 shares
of Common Stock, subject to the following conditions: (a) The Loan was
not to be outstanding for more than 30 days; (b) To the extent some or
all of the 12,500 shares did not become available pursuant to the
Oversubscription Privilege, the remaining Loan proceeds were to be
applied to repay the unused portion of the Loan.
According to the Fiduciary's instructions, the Trustee and the
Committee executed the sale of 38,000 shares of Common Stock and
purchased 68,343 shares of Common Stock at the Exercise Price by
exercising the Basic Privilege on behalf of the Plan. However, because
an unrelated lender could not be located to make the Loan to the Plan,
the Fiduciary directed the Trustee and the Committee not to exercise
the Oversubscription Privilege.
6. The applicant represents that as a result of participating in
the Offering as directed by the Fiduciary, the Plan realized a net gain
of $182,027.70. Prior to the Offering, the Plan held 122,042 shares of
Common Stock and was scheduled to receive cash matching contributions
of $61,293.76 before the end of the Offering. The applicant explains
that the Plan's normal practice would have been to invest the cash
matching contributions in Common Stock through a dividend reinvestment
program on the 10th day of the month following the date on which the
contribution was received. If the Plan had not participated in the
Offering and instead had followed its normal practice, the Plan would
have held 128,700 shares of Common Stock, plus $12,261.05 in cash, at
the end of the Offering on March 15, 1993. BMJ states that these assets
would have had a fair market value on that date of $1,039,717.05. By
participating in the Offering as directed by the Fiduciary, the Plan
instead held 153,385 shares of Common Stock, plus $2,664.51 in cash, at
the end of the Offering on March 15, 1993, resulting in total Plan
assets with a fair market value of $1,221,744.75.
7. The applicant states that the issuance of the Rights to the Plan
resulted from unilateral, independent actions of BMJ, and that the
Plan, as an owner of Common Stock, received the Rights on the same
basis as all other Common Stock owners. The applicant explains that the
purpose of the Offering was to generate necessary capital for BMJ and
that the inevitable effect of issuing new shares of Common Stock was
the dilution of the proportionate interest in the corporation
represented by all previously-issued shares. Accordingly, Common Stock
owners who failed to exercise the Rights could be expected to
experience a diminution in their proportionate interest in BMJ and a
decrease in the value of their Common Stock shares. Common Stock owners
who exercised their Rights could avoid such reductions of interest and
value, and could potentially experience a net gain. The applicant notes
that the Fiduciary determined that the most prudent course of action
for the Plan with respect to the Offering was to participate by
exercising the Rights to the maximum extent possible.
8. In summary, the applicant represents that the transactions
satisfy the criteria of section 408(a) of the Act for the following
reasons: (a) The Plan's receipt of the Rights through the Offering
resulted from unilateral, independent actions of BMJ with the sole
intent of generating necessary additional capital; (b) The Plan
received the Rights, and was accorded treatment under the Offering, on
the same basis as all other owners of Common Stock as of the Record
Date of the Offering; (c) The interests of the Plan with respect to the
Rights and the Offering were represented independently of BMJ, by the
Fiduciary, who had sole responsibility with respect to the Plan's
actions regarding the Rights; and (d) The Fiduciary determined that the
most prudent course of action on behalf of the Plan with respect to the
Offering was the exercise of the Rights to the maximum extent possible.
FOR FURTHER INFORMATION CONTACT: Ronald Willett of the Department,
telephone (202) 219-8881. (This is not a toll-free number.)
H. Stephen Cranston Professional Corporation Pension Plan and Trust
(the Plan), Located in San Marino, California
[Application No. D-9733]
Proposed Exemption
The Department is considering granting an exemption under the
authority of section 4975(c)(2) of the Code and in accordance with the
procedures set forth in 29 CFR Part 2570, Subpart B (55 FR 32836,
August 10, 1990). If the exemption is granted the sanctions resulting
from the application of section 4975 of the Code, by reason of section
4975(c)(1) (A) through (E) of the Code shall not apply to the proposed
cash sale (the Sale) of certain real property (the Property) by the
Plan to H. Stephen Cranston and Karen Y. Cranston, husband and wife,
and disqualified persons with respect to the Plan; provided that (1)
the Sale is a one-time transaction for cash; (2) the Plan does not
experience any loss nor incur any expenses from the proposed
transaction; and (3) the Plan receives as consideration from the Sale
the greater of either (a) the fair market value of the Property as
determined by a qualified, independent appraiser on the date of the
Sale, or (b) an amount equal to all the funds expanded by the Plan in
acquiring and maintaining the Property during its period of ownership.
Summary of Facts and Representations
1. The Plan is a defined benefit plan that has one participant, H.
Stephen Cranston. As of March 31, 1993, the total assets of the Plan
were $748,627. The fiduciaries of the Plan, who have investment
discretion over the assets of the Plan, are H. Stephen Cranston and his
wife, Karen Y. Cranston, who are also the applicants for the exemption.
The sponsoring employer of the plan is a California professional
corporation which is designated as H. Stephen Cranston Professional
Corporation. It is engaged in the practice of general business law with
its offices in San Marino, California. H. Stephen Cranston is the sole
shareholder and only employee.3
\3\Since Mr. H. Stephen Cranston is the sole shareholder of the
sponsor of the Plan and the only participant in the Plan, there is
no jurisdiction under Title I of the Act pursuant to 29 CFR 2510.3-
3(c)(1). However, there is jurisdiction under Title II of the Act
pursuant to section 4975 of the Code.
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2. The Property consists of 59.9 acres of forested land that is
located in Linn County on 48063 Cascadia Drive, Cascadia, Oregon. The
improvements on the Property are a 67 year old two-story house with a
detached barn and shed. The house is represented by the applicants to
be in a deplorable condition and uninhabitable. There is no available
drinking water, the prior occupants destroyed the furnace for heating
the house, and the septic tank needs to be replaced. There is no
basement under the house and the wood foundation, which is riddled with
termites and dry rot, is braced to avoid collapsing.
The Property was appraised by Scott Lepman, SRA, RM of Albany,
Oregon, an independent appraiser, who determined, as of March 18, 1994,
that the Property had a fair market value of $128,000. Among other
things, Mr. Lepman determined that the Property would not qualify for
bank financing; and also, he observed many structural defects on the
Property: the buildings need painting; the sunporch needs to be
finished; the ceiling in the living room is in disrepair; the walls in
several rooms need repairing; and the house's foundation is
structurally unsound. He also observed functional obsolence such as,
the house has unevenly settled and has no conventional source for
heating. Mr. Lepman also indicated that the barn and shed are in
disrepair.
Mr. Lepman described the location of the Property, which is
surrounded by forest land, to be in a mixed neighborhood of poor to
good dwellings that vary in age and design, and are predominately
located on large parcels that are devoted to agricultural and timber
production. Mr. Lepman referred to the properties in the area as below
average in visual appeal and in level of maintenance. He further stated
that the area is an older rural community with a declining timber base
due to the enforced governmental protections of the spotted owl.
3. The Property was purchased by the Plan on July 30, 1990, from
Charlie West and Lorraine West, husband and wife, for the total
consideration of $70,000. The Wests are represented by the applicants
as unrelated persons with respect to the Plan and its sole participant.
The applicants represent that the purchase of the Property was made
by the Plan with the intention that the timber on the Property would be
cut and sold over a number of years for a profitable return to the
Plan. During 1992, the Plan had cut approximately 40 percent of the
timber on the Property for a net return of $43,646.32 after expenses.
Since the cutting in 1992, the applicants represent that
circumstances have curtailed further timber cutting. One intervening
condition has been the recent reporting of spotted owls in the area
followed by the imposition of governmental regulations precluding the
cutting of timber and destroying the owl's habitat. Another curtailment
to cutting timber on the Property is the State of Oregon requirements
that all trees cut must be replaced with new trees that survive for at
least five years. The applicants represent that because of the steep
and uneven contours of the Property the survival of new trees is
precarious and uncertain. Also, after the replanting there is a need
for the services of a professional forester to care for the new
plantings for an additional three years.
Since the Plan purchased the Property in 1990 for $70,000 and
incurred legal fees of $262.35, the applicants represent that the Plan
has expended an additional sum of $15,794.38 for repairs and
maintenance of the Property. The expenses to the Plan included such
things as property taxes, roof repairs, weed and rubbish removal,
electrical repairs, fence and gate repairs, chimney removal, materials
and labor for bracing the foundation of house, and security services.
4. The applicants propose that the Property be sold to them for the
higher of either its fair market value or for the total amount of funds
expended by the Plan acquiring and maintaining the Property, so that
the Plan can avoid the continuing expenses of repairing, reforesting,
and maintaining the Property. In addition, the Plan will be able to
invest the funds from the Sale in liquid assets that generate yields
and incur less expenses. The applicants state that the Plan will incur
no expenses nor any losses from the proposed transaction.
The applicants represent that the proposed transaction will be in
the best interests of the Plan and its participant and beneficiaries
because it is unlikely that the Property can be sold to persons
unrelated to the Plan. The applicants represent, and the appraiser
corroborates, that the Property is not habitable and the availability
of bank financing for the purchase of the Property is not foreseeable.
Also, the likelihood of finding a purchaser in the area with adequate
cash is represented to be remote because of the high unemployment in
the area due to logging restrictions involving the ecological problem
of the spotted owl.
The applicants who are the only persons affected by the proposed
transaction desire that the proposed transaction be consummated.
5. In summary, the applicants represent that the proposed
transaction will satisfy the criteria of section 4975(c)(2) of the Code
because (a) the Sale of the Property involves a one-time transaction
for cash; (b) the Plan will not incur any expenses from the Sale; (c)
the Plan will receive as consideration from the Sale the greater of
either the fair market value of the Property as determined by a
qualified, independent appraiser on the date of the Sale, or an amount
equal to all the funds expended by the Plan in acquiring and
maintaining the Property during its period of ownership; (d) the Sale
will permit the Plan to reinvest illiquid assets into income producing,
liquid assets; and (e) the Plan will avoid the expenses and risks
involved in maintaining and developing the Property.
NOTICE TO INTERESTED PERSONS: Since the applicants are the only persons
affected by the proposed transaction, there is no need to distribute
notice to interested persons. Comments are due 30 days after
publication of this notice in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Mr. C. E. Beaver of the Department,
telephone (202) 219-8881. (This is not a toll-free number.)
GE Capital Mortgage Services, Inc. (GECMSI) Located in Cherry Hill, New
Jersey; and GECC Capital Markets Group, Inc. (Capital Markets;
together, the Applicants) Located in Stamford, Connecticut [Application
Nos. D-9748 and D-9749]
Proposed Exemption
I. Transactions
A. Effective June 28, 1994, the restrictions of sections 406(a) and
407(a) of the Act and the taxes imposed by section 4975(a) and (b) of
the Code by reason of section 4975(c)(1) (A) through (D) of the Code
shall not apply to the following transactions involving trusts and
certificates evidencing interests therein:
(1) The direct or indirect sale, exchange or transfer of
certificates in the initial issuance of certificates between the
sponsor or underwriter and an employee benefit plan when the sponsor,
servicer, trustee or insurer of a trust, the underwriter of the
certificates representing an interest in the trust, or an obligor is a
party in interest with respect to such plan;
(2) The direct or indirect acquisition or disposition of
certificates by a plan in the secondary market for such certificates;
and
(3) The continued holding of certificates acquired by a plan
pursuant to subsection I.A. (1) or (2).
Notwithstanding the foregoing, section I.A. does not provide an
exemption from the restrictions of sections 406(a)(1)(E), 406(a)(2) and
407 for the acquisition or holding of a certificate on behalf of an
Excluded Plan by any person who has discretionary authority or renders
investment advice with respect to the assets of that Excluded Plan.\4\
\4\Section I.A. provides no relief from sections 406(a)(1)(E),
406(a)(2) and 407 for any person rendering investment advice to an
Excluded Plan within the meaning of section 3(21)(A)(ii) and
regulation 29 CFR 2510.3-21(c).
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B. Effective June 28, 1994, the restrictions of sections 406(b)(1)
and 406(b)(2) of the Act and the taxes imposed by section 4975 (a) and
(b) of the Code by reason of section 4975(c)(1)(E) of the Code shall
not apply to:
(1) The direct or indirect sale, exchange or transfer of
certificates in the initial issuance of certificates between the
sponsor or underwriter and a plan when the person who has discretionary
authority or renders investment advice with respect to the investment
of plan assets in the certificates is (a) an obligor with respect to 5
percent or less of the fair market value of obligations or receivables
contained in the trust, or (b) an affiliate of a person described in
(a); if:
(i) the plan is not an Excluded Plan;
(ii) solely in the case of an acquisition of certificates in
connection with the initial issuance of the certificates, at least 50
percent of each class of certificates in which plans have invested is
acquired by persons independent of the members of the Restricted Group
and at least 50 percent of the aggregate interest in the trust is
acquired by persons independent of the Restricted Group;
(iii) a plan's investment in each class of certificates does not
exceed 25 percent of all of the certificates of that class outstanding
at the time of the acquisition; and
(iv) immediately after the acquisition of the certificates, no more
than 25 percent of the assets of a plan with respect to which the
person has discretionary authority or renders investment advice are
invested in certificates representing an interest in a trust containing
assets sold or serviced by the same entity.\5\ For purposes of this
paragraph B.(1)(iv) only, an entity will not be considered to service
assets contained in a trust if it is merely a subservicer of that
trust;
\5\For purposes of this exemption, each plan participating in a
commingled fund (such as a bank collective trust fund or insurance
company pooled separate account) shall be considered to own the same
proportionate undivided interest in each asset of the commingled
fund as its proportionate interest in the total assets of the
commingled fund as calculated on the most recent preceding valuation
date of the fund.
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(2) The direct or indirect acquisition or disposition of
certificates by a plan in the secondary market for such certificates,
provided that the conditions set forth in paragraphs B.(1)(i), (iii)
and (iv) are met; and
(3) The continued holding of certificates acquired by a plan
pursuant to subsection I.B. (1) or (2).
C. Effective June 28, 1994, the restrictions of sections 406(a),
406(b) and 407(a) of the Act, and the taxes imposed by section 4975 (a)
and (b) of the Code by reason of section 4975(c) of the Code, shall not
apply to transactions in connection with the servicing, management and
operation of a trust, provided:
(1) such transactions are carried out in accordance with the terms
of a binding pooling and servicing arrangement; and
(2) the pooling and servicing agreement is provided to, or
described in all material respects in the prospectus or private
placement memorandum provided to, investing plans before they purchase
certificates issued by the trust.\6\
\6\In the case of a private placement memorandum, such
memorandum must contain substantially the same information that
would be disclosed in a prospectus if the offering of the
certificates were made in a registered public offering under the
Securities Act of 1933. In the Department's view, the private
placement memorandum must contain sufficient information to permit
plan fiduciaries to make informed investment decisions.
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Notwithstanding the foregoing, section I.C. does not provide an
exemption from the restrictions of section 406(b) of the Act or from
the taxes imposed by reason of section 4975(c) of the Code for the
receipt of a fee by a servicer of the trust from a person other than
the trustee or sponsor, unless such fee constitutes a ``qualified
administrative fee'' as defined in section III.S.
D. Effective June 28, 1994, the restrictions of sections 406(a) and
407(a) of the Act, and the taxes imposed by sections 4975 (a) and (b)
of the Code by reason of sections 4975(c)(1) (A) through (D) of the
Code, shall not apply to any transactions to which those restrictions
or taxes would otherwise apply merely because a person is deemed to be
a party in interest or disqualified person (including a fiduciary) with
respect to a plan by virtue of providing services to the plan (or by
virtue of having a relationship to such service provider described in
section 3(14) (F), (G), (H) or (I) of the Act or section 4975(e)(2)
(F), (G), (H) or (I) of the Code), solely because of the plan's
ownership of certificates.
II. General Conditions
A. The relief provided under Part I is available only if the
following conditions are met:
(1) The acquisition of certificates by a plan is on terms
(including the certificate price) that are at least as favorable to the
plan as they would be in an arm's-length transaction with an unrelated
party;
(2) The rights and interests evidenced by the certificates are not
subordinated to the rights and interests evidenced by other
certificates of the same trust;
(3) The certificates acquired by the plan have received a rating at
the time of such acquisition that is in one of the three highest
generic rating categories from either Standard & Poor's Corporation
(S&P's), Moody's Investors Service, Inc. (Moody's), Duff & Phelps Inc.
(D&P) or Fitch Investors Service, Inc. (Fitch);
(4) The trustee is not an affiliate of any member of the Restricted
Group. However, the trustee shall not be considered to be an affiliate
of a servicer solely because the trustee has succeeded to the rights
and responsibilities of the servicer pursuant to the terms of a pooling
and servicing agreement providing for such succession upon the
occurrence of one or more events of default by the servicer;
(5) The sum of all payments made to and retained by the
underwriters in connection with the distribution or placement of
certificates represents not more than reasonable compensation for
underwriting or placing the certificates; the sum of all payments made
to and retained by the sponsor pursuant to the assignment of
obligations (or interests therein) to the trust represents not more
than the fair market value of such obligations (or interests); and the
sum of all payments made to and retained by the servicer represents not
more than reasonable compensation for the servicer's services under the
pooling and servicing agreement and reimbursement of the servicer's
reasonable expenses in connection therewith; and
(6) The plan investing in such certificates is an ``accredited
investor'' as defined in Rule 501(a)(1) of Regulation D of the
Securities and Exchange Commission under the Securities Act of 1933.
B. Neither any underwriter, sponsor, trustee, servicer, insurer, or
any obligor, unless it or any of its affiliates has discretionary
authority or renders investment advice with respect to the plan assets
used by a plan to acquire certificates, shall be denied the relief
provided under Part I, if the provision of subsection II.A.(6) above is
not satisfied with respect to acquisition or holding by a plan of such
certificates, provided that (1) such condition is disclosed in the
prospectus or private placement memorandum; and (2) in the case of a
private placement of certificates, the trustee obtains a representation
from each initial purchaser which is a plan that it is in compliance
with such condition, and obtains a covenant from each initial purchaser
to the effect that, so long as such initial purchaser (or any
transferee of such initial purchaser's certificates) is required to
obtain from its transferee a representation regarding compliance with
the Securities Act of 1933, any such transferees will be required to
make a written representation regarding compliance with the condition
set forth in subsection II.A.(6) above.
III. Definitions
For purposes of this exemption:
A. Certificate means:
(1) a certificate--
(a) that represents a beneficial ownership interest in the assets
of a trust; and
(b) that entitles the holder to pass-through payments of principal,
interest, and/or other payments made with respect to the assets of such
trust; and
(c) with respect to which (i) one of the Applicants or any of their
affiliates is the sponsor, and an entity which has received from the
Department an individual prohibited transaction exemption relating to
certificates which is similar to this exemption is the sole underwriter
or the manager or co-manager of the underwriting syndicate or a selling
or placement agent; or (ii) one of the Applicants or any of their
affiliates is the sole underwriter or the manager or co-manager of the
underwriting syndicate or a selling or placement agent; or
(2) a certificate denominated as a debt instrument--
(a) that represents an interest in a Real Estate Mortgage
Investment Conduit (REMIC) within the meaning of section 860D(a) of the
Internal Revenue Code of 1986; and
(b) that is issued by and is an obligation of a trust with respect
to which (i) one of the Applicants or any of their affiliates is the
sponsor, and an entity which has received from the Department an
individual prohibited transaction exemption relating to certificates
which is similar to this exemption is the sole underwriter or the
manager or co-manager of the underwriting syndicate or a selling or
placement agent; or manager or co-manager of the underwriting
syndicate, or (ii) one of the Applicants is the sole underwriter or the
manager or co-manager of the underwriting syndicate, or a selling or
placement agent.
For purposes of this exemption, references to ``certificates
representing an interest in a trust'' include certificates denominated
as debt which are issued by a trust.
B. Trust means an investment pool, the corpus of which is held in
trust and consists solely of:
(1) either
(a) secured consumer receivables that bear interest or are
purchased at a discount (including, but not limited to, home equity
loans and obligations secured by shares issued by a cooperative housing
association);
(b) secured credit instruments that bear interest or are purchased
at a discount in transactions by or between business entities
(including, but not limited to, qualified equipment notes secured by
leases, as defined in section III.T);
(c) obligations that bear interest or are purchased at a discount
and which are secured by single-family residential, multi-family
residential and commercial real property (including obligations secured
by leasehold interests on commercial real property);
(d) obligations that bear interest or are purchased at a discount
and which are secured by motor vehicles or equipment, or qualified
motor vehicle leases (as defined in section III.U);
(e) guaranteed governmental mortgage pool certificates, as defined
in 29 CFR 2510.3-101(i)(2);
(f) fractional undivided interests in any of the obligations
described in clauses (a)-(e) of this section B.(1);
(2) property which had secured any of the obligations described in
subsection B.(1);
(3) undistributed cash or temporary investments made therewith
maturing no later than the next date on which distributions are to be
made to certificateholders; and
(4) rights of the trustee under the pooling and servicing
agreement, and rights under any insurance policies, third-party
guarantees, contracts of suretyship and other credit support
arrangements with respect to any obligations described in subsection
B.(1).
Notwithstanding the foregoing, the term ``trust'' does not include any
investment pool unless: (i) the investment pool consists only of assets
of the type which have been included in other investment pools, (ii)
certificates evidencing interests in such other investment pools have
been rated in one of the three highest generic rating categories by
S&P's, Moody's, D & P, or Fitch for at least one year prior to the
plan's acquisition of certificates pursuant to this exemption, and
(iii) certificates evidencing interests in such other investment pools
have been purchased by investors other than plans for at least one year
prior to the plan's acquisition of certificates pursuant to this
exemption.
C. Underwriter means:
(1) any of the Applicants;
(2) any person directly or indirectly, through one or more
intermediaries, controlling, controlled by or under common control with
any of the Applicants; or
(3) any member of an underwriting syndicate or selling group of
which any of the Applicants or a person described in (2) is a manager
or co-manager with respect to the certificates; or
(4) an entity which has received from the Department an individual
prohibited transaction exemption relating to certificates which is
similar to this exemption.
D. Sponsor means the entity that organizes a trust by depositing
obligations therein in exchange for certificates.
E. Master Servicer means the entity that is a party to the pooling
and servicing agreement relating to trust assets and is fully
responsible for servicing, directly or through subservicers, the assets
of the trust.
F. Subservicer means an entity which, under the supervision of and
on behalf of the master servicer, services loans contained in the
trust, but is not a party to the pooling and servicing agreement.
G. Servicer means any entity which services loans contained in the
trust, including the master servicer and any subservicer.
H. Trustee means the trustee of the trust, and in the case of
certificates which are denominated as debt instruments, also means the
trustee of the indenture trust.
I. Insurer means the insurer or guarantor of, or provider of other
credit support for, a trust. Notwithstanding the foregoing, a person is
not an insurer solely because it holds securities representing an
interest in a trust which are of a class subordinated to certificates
representing an interest in the same trust.
J. Obligor means any person, other than the insurer, that is
obligated to make payments with respect to any obligation or receivable
included in the trust. Where a trust contains qualified motor vehicle
leases or qualified equipment notes secured by leases, ``obligor''
shall also include any owner of property subject to any lease included
in the trust, or subject to any lease securing an obligation included
in the trust.
K. Excluded Plan means any plan with respect to which any member of
the Restricted Group is a ``plan sponsor'' within the meaning of
section 3(16)(B) of the Act.
L. Restricted Group with respect to a class of certificates means:
(1) each underwriter;
(2) each insurer;
(3) the sponsor;
(4) the trustee;
(5) each servicer;
(6) any obligor with respect to obligations or receivables included
in the trust constituting more than 5 percent of the aggregate
unamortized principal balance of the assets in the trust, determined on
the date of the initial issuance of certificates by the trust; or
(7) any affiliate of a person described in (1)-(6) above.
M. Affiliate of another person includes:
(1) Any person directly or indirectly, through one or more
intermediaries, controlling, controlled by, or under common control
with such other person;
(2) Any officer, director, partner, employee, relative (as defined
in section 3(15) of the Act), a brother, a sister, or a spouse of a
brother or sister of such other person; and
(3) Any corporation or partnership of which such other person is an
officer, director or partner.
N. Control means the power to exercise a controlling influence over
the management or policies of a person other than an individual.
O. A person will be ``independent'' of another person only if:
(1) such person is not an affiliate of that other person; and
(2) the other person, or an affiliate thereof, is not a fiduciary
who has investment management authority or renders investment advice
with respect to any assets of such person.
P. ``Sale'' includes the entrance into a forward delivery
commitment (as defined in section Q below), provided:
(1) The terms of the forward delivery commitment (including any fee
paid to the investing plan) are no less favorable to the plan than they
would be in an arm's length transaction with an unrelated party;
(2) The prospectus or private placement memorandum is provided to
an investing plan prior to the time the plan enters into the forward
delivery commitment; and
(3) At the time of the delivery, all conditions of this exemption
applicable to sales are met.
Q. Forward delivery commitment means a contract for the purchase or
sale of one or more certificates to be delivered at an agreed future
settlement date. The term includes both mandatory contracts (which
contemplate obligatory delivery and acceptance of the certificates) and
optional contracts (which give one party the right but not the
obligation to deliver certificates to, or demand delivery of
certificates from, the other party).
R. ``Reasonable compensation'' has the same meaning as that term is
defined in 29 CFR 2550.408c-2.
S. Qualified Administrative Fee means a fee which meets the
following criteria:
(1) the fee is triggered by an act or failure to act by the obligor
other than the normal timely payment of amounts owing in respect of the
obligations;
(2) the servicer may not charge the fee absent the act or failure
to act referred to in (1);
(3) the ability to charge the fee, the circumstances in which the
fee may be charged, and an explanation of how the fee is calculated are
set forth in the pooling and servicing agreement; and
(4) the amount paid to investors in the trust will not be reduced
by the amount of any such fee waived by the servicer.
T. Qualified Equipment Note Secured By A Lease means an equipment
note:
(a) which is secured by equipment which is leased;
(b) which is secured by the obligation of the lessee to pay rent
under the equipment lease; and
(c) with respect to which the trust's security interest in the
equipment is at least as protective of the rights of the trust as the
trust would have if the equipment note were secured only by the
equipment and not the lease.
U. Qualified Motor Vehicle Lease means a lease of a motor vehicle
where:
(a) the trust holds a security interest in the lease;
(b) the trust holds a security interest in the leased motor
vehicle; and
(c) the trust's security interest in the leased motor vehicle is at
least as protective of the trust's rights as the trust would receive
under a motor vehicle installment loan contract.
V. Pooling and Servicing Agreement means the agreement or
agreements among a sponsor, a servicer and the trustee establishing a
trust. In the case of certificates which are denominated as debt
instruments, ``Pooling and Servicing Agreement'' also includes the
indenture entered into by the trustee of the trust issuing such
certificates and the indenture trustee.
Effective Date: This exemption, if granted, will be effective for
transactions occurring on or after June 28, 1994.
Summary of Facts and Representations
1. GECMSI is incorporated in the State of New Jersey, and is a
wholly-owned subsidiary of GE Capital Mortgage Corporation, a holding
company, which in turn is a wholly-owned subsidiary of General Electric
Capital Corporation. GECMSI is engaged in the business of acquiring and
servicing residential mortgage loans secured by one- to four-family
homes. GECMSI's servicing business is derived from one of two sources:
a) it will acquire or originate a mortgage loan which it will service;
or b) it will service a mortgage loan which it has neither acquired nor
originated. GECMSI is also involved in the home equity business through
its Home Equity Services unit.
Capital Markets is incorporated in the State of Delaware, and is a
wholly-owned subsidiary of General Electric Capital Corporation.
Capital Markets engages in certain limited securities-related
transactions on behalf of General Electric Capital Corporation and its
subsidiaries. Capital Markets is registered with the Securities and
Exchange Commission as a broker-dealer under the Securities and
Exchange Act of 1934.
Trust Assets
2. The Applicants seek exemptive relief to permit plans to invest
in pass-through certificates representing undivided interests in the
following categories of trusts: (1) single and multi-family residential
or commercial mortgage investment trusts;7 (2) motor vehicle
receivable investment trusts; (3) consumer or commercial receivables
investment trusts; and (4) guaranteed governmental mortgage pool
certificate investment trusts.8
\7\The Department notes that PTE 83-1 [48 FR 895, January 7,
1983], a class exemption for mortgage pool investment trusts, would
generally apply to trusts containing single-family residential
mortgages, provided that the applicable conditions of PTE 83-1 are
met. The Applicants request relief for single-family residential
mortgages in this exemption because it would prefer one exemption
for all trusts of similar structure. However, the Applicants have
stated that they may still avail themselves of the exemptive relief
provided by PTE 83-1.
\8\Guaranteed governmental mortgage pool certificates are
mortgage-backed securities with respect to which interest and
principal payable is guaranteed by the Government National Mortgage
Association (GNMA), the Federal Home Loan Mortgage Corporation
(FHLMC), or the Federal National Mortgage Association (FNMA). The
Department's regulation relating to the definition of plan assets
(29 CFR 2510.3-101(i)) provides that where a plan acquires a
guaranteed governmental mortgage pool certificate, the plan's assets
include the certificate and all of its rights with respect to such
certificate under applicable law, but do not, solely by reason of
the plan's holding of such certificate, include any of the mortgages
underlying such certificate. The Applicants are requesting exemptive
relief for trusts containing guaranteed governmental mortgage pool
certificates because the certificates in the trusts may be plan
assets.
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3. Commercial mortgage investment trusts may include mortgages on
ground leases of real property. Commercial mortgages are frequently
secured by ground leases on the underlying property, rather than by fee
simple interests. The separation of the fee simple interest and the
ground lease interest is generally done for tax reasons. Properly
structured, the pledge of the ground lease to secure a mortgage
provides a lender with the same level of security as would be provided
by a pledge of the related fee simple interest. The terms of the ground
leases pledged to secure leasehold mortgages will in all cases be at
least ten years longer than the term of such mortgages.9
\9\Trust assets may also include obligations that are secured by
leasehold interests on residential real property. See PTE 90-32
involving Prudential-Bache Securities, Inc. (55 FR 23147, June 6,
1990 at 23150).
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Trust Structure
4. Each trust is established under a pooling and servicing
agreement between a sponsor, a servicer and a trustee. The sponsor or
servicer of a trust selects assets to be included in the trust. These
assets are receivables which may have been originated by a sponsor or
servicer of the trust, an affiliate of the sponsor or servicer, or by
an unrelated lender and subsequently acquired by the trust sponsor or
servicer.
On or prior to the closing date, the sponsor acquires legal title
to all assets selected for the trust, establishes the trust and
designates an independent entity as trustee. On the closing date, the
sponsor conveys to the trust legal title to the assets, and the trustee
issues certificates representing fractional undivided interests in the
trust assets. The certificates are either publicly or privately
offered.
Certificateholders are entitled to receive monthly or quarterly
installments of principal and/or interest, or lease payments due on the
receivables, adjusted, in the case of payments of interest, to a
specified rate--the pass-through rate--which may be fixed or variable.
A segregated account is established in the name of the trustee or
the servicer (in either case, on behalf of certificateholders) to hold
funds received between distribution dates. The account is under the
sole control of the trustee or the servicer, as applicable, who invests
the account's assets in short-term securities which have received a
rating comparable to the rating assigned to the certificates. In some
cases, the servicer may be permitted to make a single deposit into the
account once a month. When the servicer makes such monthly deposits,
payments received from obligors by the servicer may be commingled with
the servicer's assets during the month prior to deposit. In no event
will the period of time between receipt of funds by the servicer and
deposit of these funds in a segregated account exceed 45 days.
5. Some of the certificates will be multi-class certificates. The
Applicants request exemptive relief for two types of multi-class
certificates: ``strip'' certificates and ``fast-pay/ slow-pay''
certificates. Strip certificates are a type of security in which the
stream of interest payments on receivables is split from the flow of
principal payments and separate classes of certificates are
established, each representing rights to disproportionate payments of
principal and interest.10
\10\It is the Department's understanding that where a plan
invests in REMIC ``residual'' interest certificates to which this
exemption applies, some of the income received by the plan as a
result of such investment may be considered unrelated business
taxable income to the plan, which is subject to income tax under the
Code. The Department emphasizes that the prudence requirement of
section 404(a)(1)(B) of the Act would require plan fiduciaries to
carefully consider this and other tax consequences prior to causing
plan assets to be invested in certificates pursuant to this
exemption.
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``Fast-pay/slow-pay'' certificates involve the issuance of classes
of certificates having different stated maturities or the same
maturities with different payment schedules. In certain transactions of
this type, interest and/or principal payments received on the
underlying receivables are distributed first to the class of
certificates having the earliest stated maturity of principal, and/or
earlier payment schedule, and only when that class of certificates has
been paid in full (or has received a specified amount) will
distributions be made with respect to the second class of certificates.
Distributions on certificates having later stated maturities will
proceed in like manner until all the certificateholders have been paid
in full. The only difference between this multi-class pass-through
arrangement and a single-class pass-through arrangement is the order in
which distributions are made to certificateholders. In each case,
certificateholders will have a beneficial ownership interest in the
underlying assets. In neither case will the rights of a plan purchasing
a certificate be subordinated to the rights of another
certificateholder in the event of default on any of the underlying
obligations. In particular, if the amount available for distribution to
certificateholders is less than the amount required to be so
distributed, all senior certificateholders then entitled to receive
distributions will share in the amount distributed on a pro rata
basis.11
\11\If a trust issues subordinated certificates, holders of such
subordinated certificates may not share in the amount distributed on
a pro rata basis with the senior certificateholders. The Department
notes that the exemption does not provide relief for plan investment
in such subordinated certificates.
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6. For tax reasons, the trust must be maintained as an essentially
passive entity. Therefore, both the sponsor's discretion and the
servicer's discretion with respect to assets included in a trust are
severely limited. Pooling and servicing agreements provide for the
substitution of receivables by the sponsor only in the event of defects
in documentation discovered within a short time after the issuance of
trust certificates. Any receivable so substituted is required to have
characteristics substantially similar to the replaced receivable and
will be at least as creditworthy as the replaced receivable.
In some cases, the affected receivable would be repurchased, with
the purchase price applied as a payment on the affected receivable and
passed through to certificateholders.
Parties to Transactions
7. The originator of a receivable is the entity that initially
lends money to a borrower (obligor), such as a homeowner or automobile
purchaser, or leases property to the lessee. The originator may either
retain a receivable in its portfolio or sell it to a purchaser, such as
a trust sponsor.
Originators of receivables included in the trusts will be entities
that originate receivables in the ordinary course of their business,
including finance companies for whom such origination constitutes the
bulk of their operations, financial institutions for whom such
origination constitutes a substantial part of their operations, and any
kind of manufacturer, merchant, or service enterprise for whom such
origination is an incidental part of its operations. Each trust may
contain assets of one or more originators. The originator of the
receivables may also function as the trust sponsor or servicer.
8. The sponsor will be GECMSI. Where the sponsor is not also the
servicer, the sponsor's role will generally be limited to acquiring the
receivables to be included in the trust, establishing the trust,
designating the trustee, and assigning the receivables to the trust.
9. The trustee of a trust is the legal owner of the obligations in
the trust. The trustee is also a party to or beneficiary of all the
documents and instruments deposited in the trust, and as such is
responsible for enforcing all the rights created thereby in favor of
certificateholders.
The trustee will be an independent entity, and therefore will be
unrelated to the trust sponsor, the servicer or underwriter or
placement agent. The Applicants represent that the trustee will be a
substantial financial institution or trust company experienced in trust
activities. The trustee receives a fee for its services, which will be
paid by the servicer, sponsor or out of trust assets. The method of
compensating the trustee will be specified in the pooling and servicing
agreement and disclosed in the prospectus or private placement
memorandum relating to the offering of the certificates.
10. The servicer of a trust administers the receivables on behalf
of the certificateholders. The servicer's functions typically involve,
among other things, notifying borrowers of amounts due on receivables,
maintaining records of payments received on receivables and instituting
foreclosure or similar proceedings in the event of default. In cases
where a pool of receivables has been purchased from a number of
different originators and deposited in a trust, it is common for the
receivables to be ``subserviced'' by their respective originators and
for a single entity to ``master service'' the pool of receivables on
behalf of the owners of the related series of certificates. Where this
arrangement is adopted, a receivable continues to be serviced from the
perspective of the borrower by the local subservicer, while the
investor's perspective is that the entire pool of receivables is
serviced by a single, central master servicer who collects payments
from the local subservicers and passes them through to
certificateholders.
In some cases, the originator and servicer of receivables to be
included in a trust and the sponsor of the trust (though they
themselves may be related) will be unrelated to the underwriter or the
placement agent. In other cases, however, GECMSI may originate or
service receivables included in a trust, or may sponsor a trust for
which Capital Markets will be the underwriter or placement agent.
Certificate Price, Pass-Through Rate and Fees
11. Where the sponsor of a trust is not the originator of
receivables included in a trust, the sponsor generally purchases the
receivables in the secondary market, either directly from the
originator or from another secondary market participant. The price the
sponsor pays for a receivable is determined by competitive market
forces, taking into account payment terms, interest rate, quality, and
forecasts as to future interest rates.
As compensation for the receivables transferred to the trust, the
sponsor receives certificates representing the entire beneficial
interest in the trust, or the cash proceeds of the sale of such
certificates. If the sponsor receives certificates from the trust, the
sponsor sells all or a portion of these certificates for cash to
investors or securities underwriters. In some transactions, the sponsor
or an affiliate may retain a portion of the certificates for its own
account. In addition, in some transactions the originator may sell
receivables to a trust for cash. At the time of the sale, the trustee
would sell certificates to the public or to underwriters and use the
cash proceeds of the sale to pay the originator for receivables sold to
the trust. The transfer of the receivables to the trust by the sponsor,
the sale of certificates to investors, and the receipt of the cash
proceeds by the sponsor generally take place simultaneously.
12. The price of the certificates, both in the initial offering and
in the secondary market, is affected by market forces, including
investor demand, the pass-through interest rate on the certificates in
relation to the rate payable on investments of similar types and
quality, expectations as to the effect on yield resulting from
prepayment of underlying receivables, and expectations as to the
likelihood of timely payment.
The pass-through rate for certificates is equal to the interest
rate on receivables included in the trust minus a specified servicing
fee.12 This rate is generally determined by the same market forces
that determine the price of a certificate. The price of a certificate
and its pass-through, or coupon, rate together determine the yield to
investors. If an investor purchases a certificate at less than par,
that discount augments the stated pass-through rate; conversely, a
certificate purchased at a premium yields less than the stated coupon.
\12\The pass-through rate on certificates representing interests
in trusts holding leases is determined by breaking down lease
payments into ``principal'' and ``interest'' components based on an
implicit interest rate.
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13. As compensation for performing its servicing duties, the
servicer (who may also be the sponsor, and receive fees for acting in
that capacity) will retain the difference between payments received on
the receivables in the trust and payments payable (at the pass-through
rate) to certificateholders, except that in some cases a portion of the
payments on receivables may be paid to a third party, such as a fee
paid to a provider of credit support or deposited into a reserve fund.
The servicer may receive additional compensation by having the use of
the amounts paid on the receivables between the time they are received
by the servicer and the time they are due to the trust (which time is
set forth in the pooling and servicing agreement). The servicer will be
required to pay the administrative expenses of servicing the trust,
including, in some cases, the trustee's fee, out of its servicing
compensation.
The servicer is also compensated to the extent it may provide
credit enhancement to the trust or otherwise arrange to obtain credit
support from another party. This ``credit support fee'' may be
aggregated with other servicing fees, and is either paid out of the
interest income received on the receivables in excess of the pass-
through rate or paid in a lump sum at the time the trust is
established.
14. The servicer may be entitled to retain certain administrative
fees paid by a third party, usually the obligor. These administrative
fees fall into three categories: (a) prepayment fees; (b) late payment
and payment extension fees and fees related to the modification of the
terms of an obligation as permitted by the provisions of the pooling
and servicing agreement (including the partial release of collateral to
the extent provided therein); and (c) fees and charges associated with
foreclosure or repossession, or other conversion of a secured position
into cash proceeds, upon default of an obligation.
Compensation payable to the servicer will be set forth or referred
to in the pooling and servicing agreement and described in reasonable
detail in the prospectus or private placement memorandum relating to
the certificates.
15. Payments on receivables may be made by obligors to the servicer
at various times during the period preceding any date on which pass-
through payments to the trust are due. In some cases, the pooling and
servicing agreement may permit the servicer to place these payments in
non-interest bearing accounts in itself or to commingle such payments
with its own funds prior to the distribution dates. In these cases, the
servicer would be entitled to the benefit derived from the use of the
funds between the date of payment on a receivable and the pass-through
date. Commingled payments may not be protected from the creditors of
the servicer in the event of the servicer's bankruptcy or receivership.
In those instances when payments on receivables are held in non-
interest bearing accounts or are commingled with the servicer's own
funds, the servicer is required to deposit these payments by a date
specified in the pooling and servicing agreement into an account from
which the trustee makes payments to certificateholders.
16. Underwriters or placement agents will receive a fee in
connection with the securities underwriting or private placement of
certificates. In a firm commitment underwriting, this fee would consist
of the difference between what such underwriter receives for the
certificates that it distributes and what it pays the sponsor for those
certificates. In some public offerings, however, an underwriter may
sell certificates on an agency basis in a best efforts underwriting. In
those cases, the underwriter would receive an agency commission paid by
the sponsor plus reimbursement for out-of-pocket expenses. In a private
placement, the fee normally takes the form of an agency commission paid
by the sponsor.
Purchase of Receivables by the Servicer
17. The Applicants represent that as the principal amount of the
receivables in a trust is reduced by payment, the cost of administering
the trust generally increases, making the servicing of the trust
prohibitively expensive at some point. Consequently, the pooling and
servicing agreement generally provides that the servicer may purchase
the receivables remaining in the trust when the aggregate unpaid
balance payable on the receivables is reduced to a specified percentage
(usually 5 to 10 percent) of the initial aggregate unpaid balance.
The purchase price of a receivable is specified in the pooling and
servicing agreement and will be at least equal to: (1) the unpaid
principal balance on the receivable plus accrued interest, less any
unreimbursed advances of principal made by the servicer; or (2) the
greater of (a) the amount in (1) or (b) the fair market value of such
obligations in the case of a REMIC, or the fair market value of the
certificates in the case of a trust that is not a REMIC.
Certificate Ratings
18. The certificates will have received one of the three highest
ratings available from either S&P's, Moody's, D&P or Fitch. Insurance
or other credit support will be obtained by the trust sponsor to the
extent necessary for the certificates to attain the desired rating. The
amount of this credit support is set by the rating agencies at a level
that is a multiple of the worst historical net credit loss experience
for the type of obligations included in the issuing trust.
Provision of Credit Support
19. In some cases, the master servicer, or an affiliate of the
master servicer, may provide credit support to the trust (i.e. act as
an insurer). In these cases, the master servicer, in its capacity as
servicer, will first advance funds to the full extent that it
determines that such advances will be recoverable (a) out of late
payments by the obligors, (b) from the credit support provider (which
may be itself) or, (c) in the case of a trust that issues subordinated
certificates, from amounts otherwise distributable to holders of
subordinated certificates, and the master servicer will advance such
funds in a timely manner. When the servicer is the provider of the
credit support and provides its own funds to cover defaulted payments,
it will do so either on the initiative of the trustee, or on its own
initiative on behalf of the trustee, but in either event it will
provide such funds to cover payments to the full extent of its
obligations under the credit support mechanism. In some cases, however,
the master servicer may not be obligated to advance funds but instead
would be called upon to provide funds to cover defaulted payments to
the full extent of its obligations as insurer. However, a master
servicer typically can recover advances either from the provider of
credit support or from future payments on the affected assets.
If the master servicer fails to advance funds, fails to call upon
the credit support mechanism to provide funds to cover delinquent
payments, or otherwise fails in its duties, the trustee would be
required and would be able to enforce the certificateholders' rights,
as both a party to the poolin
FR Doc. 94-21772 Proposed Exemptions; BMF Financial Corp. Deferred Savings Plan
g and servicing agreement and the owner of
the trust estate, including rights under the credit support mechanism.
Therefore, the trustee, who is independent of the servicer, will have
the ultimate right to enforce the credit support arrangement.
When a master servicer advances funds, the amount so advanced is
recoverable by the servicer out of future payments on receivables held
by the trust to the extent not covered by credit support. However,
where the master servicer provides credit support to the trust, there
are protections in place to guard against a delay in calling upon the
credit support to take advantage of the fact that the credit support
declines proportionally with the decrease in the principal amount of
the obligations in the trust as payments on receivables are passed
through to investors. These safeguards include:
(a) There is often a disincentive to postponing credit losses
because the sooner repossession or foreclosure activities are
commenced, the more value that can be realized on the security for the
obligation;
(b) The master servicer has servicing guidelines which include a
general policy as to the allowable delinquency period after which an
obligation ordinarily will be deemed uncollectible. The pooling and
servicing agreement will require the master servicer to follow its
normal servicing guidelines and will set forth the master servicer's
general policy as to the period of time after which delinquent
obligations ordinarily will be considered uncollectible;
(c) As frequently as payments are due on the receivables included
in the trust (usually monthly or quarterly as set forth in the pooling
and servicing agreement), the master servicer is required to report to
the independent trustee the amount of all past-due payments and the
amount of all servicer advances, along with other current information
as to collections on the receivables and draws upon the credit support.
Further, the master servicer is required to deliver to the trustee
annually a certificate of an executive officer of the master servicer
stating that a review of the servicing activities has been made under
such officer's supervision, and either stating that the master servicer
has fulfilled all of its obligations under the pooling and servicing
agreement or, if the master servicer has defaulted under any of its
obligations, specifying any such default. The master servicer's reports
are reviewed at least annually by independent accountants to ensure
that the master servicer is following its normal servicing standards
and that the master servicer's reports conform to the master servicer's
internal accounting records. The results of the independent
accountants' review are delivered to the trustee; and
(d) Credit support will be provided based upon a specified
percentage of the aggregate initial principal balance of the
receivables included in the trust. The credit support is a fixed dollar
amount, subject to reduction only for actual draws thereon, throughout
the life of the trust. As a result (subject to draws thereon), the
amount of this credit support will increase as a percentage of the pool
principal during the life of the trust. The Applicants represent that
this approach thereby provides investors with greater protection than
the approach which permits proportionate reductions in the credit
support, subject to a floor which only is effective towards the end of
the life of the trust.
Disclosure
20. In connection with the original issuance of certificates, the
prospectus or private placement memorandum will be furnished to
investing plans. The prospectus or private placement memorandum will
contain information material to a fiduciary's decision to invest in the
certificates, including:
(a) Information concerning the payment terms of the certificates,
the rating of the certificates, and any material risk factors with
respect to the certificates;
(b) A description of the trust as a legal entity and a description
of how the trust was formed by the seller/servicer or other sponsor of
the transaction;
(c) Identification of the independent trustee for the trust;
(d) A description of the receivables contained in the trust,
including the types of receivables, the diversification of the
receivables, their principal terms, and their material legal aspects;
(e) A description of the sponsor and servicer;
(f) A description of the pooling and servicing agreement, including
a description of the seller's principal representations and warranties
as to the trust assets and the trustee's remedy for any breach thereof;
a description of the procedures for collection of payments on
receivables and for making distributions to investors, and a
description of the accounts into which such payments are deposited and
from which such distributions are made; identification of the servicing
compensation and any fees for credit enhancement that are deducted from
payments on receivables before distributions are made to investors; a
description of periodic statements provided to the trustee, and
provided to or made available to investors by the trustee; and a
description of the events that constitute events of default under the
pooling and servicing contract and a description of the trustee's and
the investors' remedies incident thereto;
(g) A description of the credit support;
(h) A general discussion of the principal federal income tax
consequences of the purchase, ownership and disposition of the pass-
through securities by a typical investor;
(i) A description of the underwriters' plan for distributing the
pass-through securities to investors; and
(j) Information about the scope and nature of the secondary market,
if any, for the certificates.
21. Reports indicating the amount of payments of principal and
interest are provided to certificateholders at least as frequently as
distributions are made to certificateholders. Certificateholders will
also be provided with periodic information statements setting forth
material information concerning the underlying assets, including, where
applicable, information as to the amount and number of delinquent and
defaulted loans or receivables.
22. In the case of a trust that offers and sells certificates in a
registered public offering, the trustee, the servicer or the sponsor
will file such periodic reports as may be required to be filed under
the Securities Exchange Act of 1934. Although some trusts that offer
certificates in a public offering will file quarterly reports on Form
10-Q and Annual Reports on Form 10-K, many trusts obtain, by
application to the Securities and Exchange Commission, a complete
exemption from the requirement to file quarterly reports on Form 10-Q
and a modification of the disclosure requirements for annual reports on
Form 10-K. If such an exemption is obtained, these trusts normally
would continue to have the obligation to file current reports on Form
8-K to report material developments concerning the trust and the
certificates. While the Securities and Exchange Commission's
interpretation of the periodic reporting requirements is subject to
change, periodic reports concerning a trust will be filed to the extent
required under the Securities Exchange Act of 1934.
23. At or about the time distributions are made to
certificateholders, a report will be delivered to the trustee as to the
status of the trust and its assets, including underlying obligations.
Such report will typically contain information regarding the trust's
assets, payments received or collected by the servicer, the amount of
prepayments, delinquencies, servicer advances, defaults and
foreclosures, the amount of any payments made pursuant to any credit
support, and the amount of compensation payable to the servicer. Such
report also will be delivered to or made available to the rating agency
or agencies that have rated the trust's certificates.
In addition, promptly after each distribution date,
certificateholders will receive a statement prepared by the trustee
summarizing information regarding the trust and its assets. Such
statement will include information regarding the trust and its assets,
including underlying receivables. Such statement will typically contain
information regarding payments and prepayments, delinquencies, the
remaining amount of the guaranty or other credit support and a
breakdown of payments between principal and interest.
Secondary Market Transactions
24. It is the policy of many underwriters to attempt to make a
market for securities for which it is lead or co-managing underwriter.
It is also the policy of many placement agents to facilitate sales by
investors who purchase certificates if such entity has acted as agent
or principal in the original private placement of the certificates and
if such investors request such entity's assistance.
Retroactive Relief
25. The Applicants represent that they have engaged in transactions
related to mortgage-backed and asset-backed securities based on the
assumption that retroactive relief would not be granted. However, it is
possible that some transactions may have occurred that would be
prohibited. For example, because many certificates are held in street
or nominee name, it is not always possible to identify whether the
percentage interest of plans in a trust is or is not ``significant''
for purposes of the Department's regulation relating to the definition
of plan assets (29 CFR 2510.3-101(f)). These problems are compounded as
transactions occur in the secondary market. In addition, with respect
to the ``publicly-offered security'' exception contained in that
regulation (29 CFR 2510.3-101(b)), it is difficult to determine whether
each purchaser of a certificate is independent of all other purchasers.
Therefore, the Applicants request relief retroactive for
transactions which have occurred on or after June 28, 1994, the date
the Applicants originally filed their exemption application with the
Department.
Summary
26. In summary, the Applicants represent that the transactions for
which exemptive relief is requested satisfy the statutory criteria of
section 408(a) of the Act due to the following:
(a) The trusts contain ``fixed pools'' of assets. There is little
discretion on the part of the trust sponsor to substitute receivables
contained in the trust once the trust has been formed;
(b) Certificates in which plans invest will have been rated in one
of the three highest rating categories by S&P's, Moody's, D&P or Fitch.
Credit support will be obtained to the extent necessary to attain the
desired rating;
(c) All transactions for which the Applicants seek exemptive relief
will be governed by the pooling and servicing agreement, which is made
available to plan fiduciaries for their review prior to the plan's
investment in certificates;
(d) Exemptive relief from sections 406(b) and 407 for sales to
plans is substantially limited; and
(e) Many underwriters have made, and the Applicants anticipate that
such underwriters will continue to make, a secondary market in the
publicly-offered certificates sponsored by GECMSI.
Discussion of Proposed Exemption
I. Differences Between Proposed Exemption and Class Exemption PTE 83-1
The exemptive relief proposed herein is similar to that provided in
PTE 81-7 [46 FR 7520, January 23, 1981], Class Exemption for Certain
Transactions Involving Mortgage Pool Investment Trusts, amended and
restated as PTE 83-1 [48 FR 895, January 7, 1983].
PTE 83-1 applies to mortgage pool investment trusts consisting of
interest-bearing obligations secured by first or second mortgages or
deeds of trust on single-family residential property. The exemption
provides relief from sections 406(a) and 407 for the sale, exchange or
transfer in the initial issuance of mortgage pool certificates between
the trust sponsor and a plan, when the sponsor, trustee or insurer of
the trust is a party-in-interest with respect to the plan, and the
continued holding of such certificates, provided that the conditions
set forth in the exemption are met. PTE 83-1 also provides exemptive
relief from section 406 (b)(1) and (b)(2) of the Act for the above-
described transactions when the sponsor, trustee or insurer of the
trust is a fiduciary with respect to the plan assets invested in such
certificates, provided that additional conditions set forth in the
exemption are met. In particular, section 406(b) relief is conditioned
upon the approval of the transaction by an independent fiduciary.
Moreover, the total value of certificates purchased by a plan must not
exceed 25 percent of the amount of the issue, and at least 50 percent
of the aggregate amount of the issue must be acquired by persons
independent of the trust sponsor, trustee or insurer. Finally, PTE 83-1
provides conditional exemptive relief from section 406 (a) and (b) of
the Act for transactions in connection with the servicing and operation
of the mortgage trust.
Under PTE 83-1, exemptive relief for the above transactions is
conditioned upon the sponsor and the trustee of the mortgage trust
maintaining a system for insuring or otherwise protecting the pooled
mortgage loans and the property securing such loans, and for
indemnifying certificateholders against reductions in pass-through
payments due to defaults in loan payments or property damage. This
system must provide such protection and indemnification up to an amount
not less than the greater of one percent of the aggregate principal
balance of all trust mortgages or the principal balance of the largest
mortgage.
The exemptive relief proposed herein differs from that provided by
PTE 83-1 in the following major respects: (1) The proposed exemption
provides individual exemptive relief rather than class relief; (2) The
proposed exemption covers transactions involving trusts containing a
broader range of assets than single-family residential mortgages; (3)
Instead of requiring a system for insuring the pooled receivables, the
proposed exemption conditions relief upon the certificates having
received one of the three highest ratings available from S&P's,
Moody's, D&P or Fitch (insurance or other credit support would be
obtained only to the extent necessary for the certificates to attain
the desired rating); and (4) The proposed exemption provides more
limited section 406(b) and section 407 relief for sales transactions.
II. Ratings of Certificates
After consideration of the representations of the Applicants and
information provided by S&P's, Moody's, D&P and Fitch, the Department
has decided to condition exemptive relief upon the certificates having
attained a rating in one of the three highest generic rating categories
from S&P's, Moody's, D&P or Fitch. The Department believes that the
rating condition will permit the Applicants flexibility in structuring
trusts containing a variety of mortgages and other receivables while
ensuring that the interests of plans investing in certificates are
protected. The Department also believes that the ratings are indicative
of the relative safety of investments in trusts containing secured
receivables. The Department is conditioning the proposed exemptive
relief upon each particular type of asset-backed security having been
rated in one of the three highest rating categories for at least one
year and having been sold to investors other than plans for at least
one year.13
\13\In referring to different ``types'' of asset-backed
securities, the Department means certificates representing interests
in trusts containing different ``types'' of receivables, such as
single family residential mortgages, multi-family residential
mortgages, commercial mortgages, home equity loans, auto loan
receivables, installment obligations for consumer durables secured
by purchase money security interests, etc. The Department intends
this condition to require that certificates in which a plan invests
are of the type that have been rated (in one of the three highest
generic rating categories by S&P's, D&P, Fitch or Moody's) and
purchased by investors other than plans for at least one year prior
to the plan's investment pursuant to the proposed exemption. In this
regard, the Department does not intend to require that the
particular assets contained in a trust must have been ``seasoned''
(e.g., originated at least one year prior to the plan's investment
in the trust).
---------------------------------------------------------------------------
III. Limited Section 406(b) and Section 407(a) Relief for Sales
The Applicants represent that in some cases a trust sponsor,
trustee, servicer, insurer, and obligor with respect to receivables
contained in a trust, or an underwriter of certificates may be a pre-
existing party in interest with respect to an investing plan.14 In
these cases, a direct or indirect sale of certificates by that party in
interest to the plan would be a prohibited sale or exchange of property
under section 406(a)(1)(A) of the Act.15 Likewise, issues are
raised under section 406(a)(1)(D) of the Act where a plan fiduciary
causes a plan to purchase certificates where trust funds will be used
to benefit a party in interest.
\14\In this regard, we note that the exemptive relief proposed
herein is limited to certificates with respect to which the
Applicants or any of their affiliates are either (a) the sole
underwriter or manager or co-manager of the underwriting syndicate,
(b) a selling or placement agent, or (c) the sponsor, in which case
an entity which has received from the Department an individual
prohibited transaction exemption relating to certificates which is
similar to this exemption is the sole underwriter or the manager or
co-manager of the underwriting syndicate, or a selling or placement
agent.
\15\The Applicants represent that where a trust sponsor is one
of the Applicants or its affiliate, sales to plans by the sponsor
may be exempt under PTE 75-1, Part II (relating to purchases and
sales of securities by broker-dealers and their affiliates), if none
of the Applicants is a fiduciary with respect to plan assets to be
invested in certificates.
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Additionally, the Applicants represent that a trust sponsor,
servicer, trustee, insurer, and obligor with respect to receivables
contained in a trust, or an underwriter of certificates representing an
interest in a trust may be a fiduciary with respect to an investing
plan. The Applicants represent that the exercise of fiduciary authority
by any of these parties to cause the plan to invest in certificates
representing an interest in the trust would violate section 406(b)(1),
and in some cases section 406(b)(2), of the Act.
Moreover, the Applicants represent that to the extent there is a
plan asset ``look through'' to the underlying assets of a trust, the
investment in certificates by a plan covering employees of an obligor
under receivables contained in a trust may be prohibited by sections
406(a) and 407(a) of the Act.
After consideration of the issues involved, the Department has
determined to provide the limited sections 406(b) and 407(a) relief as
specified in the proposed exemption.
NOTICE TO INTERESTED PERSONS: The Applicants represent that because
those potentially interested participants and beneficiaries cannot all
be identified, the only practical means of notifying such participants
and beneficiaries of this proposed exemption is by the publication of
this notice in the Federal Register. Comments and requests for a
hearing must be received by the Department not later than 30 days from
the date of publication of this notice of proposed exemption in the
Federal Register.
FOR FURTHER INFORMATION CONTACT: Gary Lefkowitz of the Department,
telephone (202) 219-8881. (This is not a toll-free number.)
General Information
The attention of interested persons is directed to the following:
(1) The fact that a transaction is the subject of an exemption
under section 408(a) of the Act and/or section 4975(c)(2) of the Code
does not relieve a fiduciary or other party in interest of disqualified
person from certain other provisions of the Act and/or the Code,
including any prohibited transaction provisions to which the exemption
does not apply and the general fiduciary responsibility provisions of
section 404 of the Act, which among other things require a fiduciary to
discharge his duties respecting the plan solely in the interest of the
participants and beneficiaries of the plan and in a prudent fashion in
accordance with section 404(a)(1)(b) of the act; nor does it affect the
requirement of section 401(a) of the Code that the plan must operate
for the exclusive benefit of the employees of the employer maintaining
the plan and their beneficiaries;
(2) Before an exemption may be granted under section 408(a) of the
Act and/or section 4975(c)(2) of the Code, the Department must find
that the exemption is administratively feasible, in the interests of
the plan and of its participants and beneficiaries and protective of
the rights of participants and beneficiaries of the plan;
(3) The proposed exemptions, if granted, will be supplemental to,
and not in derogation of, any other provisions of the Act and/or the
Code, including statutory or administrative exemptions and transitional
rules. Furthermore, the fact that a transaction is subject to an
administrative or statutory exemption is not dispositive of whether the
transaction is in fact a prohibited transaction; and
(4) The proposed exemptions, if granted, will be subject to the
express condition that the material facts and representations contained
in each application are true and complete and accurately describe all
material terms of the transaction which is the subject of the
exemption. In the case of continuing exemption transactions, if any of
the material facts or representations described in the application
change after the exemption is granted, the exemption will cease to
apply as of the date of such change. In the event of any such change,
application for a new exemption may be made to the Department.
Signed at Washington, DC, this 30th day of August, 1994.
Ivan Strasfeld,
Director of Exemption Determinations, Pension and Welfare Benefits
Administration, U.S. Department of Labor.
[FR Doc. 94-21772 Filed 9-1-94; 8:45 am]
BILLING CODE 4510-29-P
Complete official Federal Register PDF
FR Doc. 94-21771 Grant of Individual Exemptions; Long Mfg. N.C. Inc. Retirement Plan, et al.
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21771]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF LABOR
[Prohibited Transaction Exemption 94-65; Exemption Application No. D-
9616, et al.]
Grant of Individual Exemptions; Long Mfg. N.C. Inc. Retirement
Plan, et al.
AGENCY: Pension and Welfare Benefits Administration, Labor.
ACTION: Grant of Individual Exemptions.
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SUMMARY: This document contains exemptions issued by the Department of
Labor (the Department) from certain of the prohibited transaction
restrictions of the Employee Retirement Income Security Act of 1974
(the Act) and/or the Internal Revenue Code of 1986 (the Code).
Notices were published in the Federal Register of the pendency
before the Department of proposals to grant such exemptions. The
notices set forth a summary of facts and representations contained in
each application for exemption and referred interested persons to the
respective applications for a complete statement of the facts and
representations. The applications have been available for public
inspection at the Department in Washington, D.C. The notices also
invited interested persons to submit comments on the requested
exemptions to the Department. In addition the notices stated that any
interested person might submit a written request that a public hearing
be held (where appropriate). The applicants have represented that they
have complied with the requirements of the notification to interested
persons. No public comments and no requests for a hearing, unless
otherwise stated, were received by the Department.
The notices of proposed exemption were issued and the exemptions
are being granted solely by the Department because, effective December
31, 1978, section 102 of Reorganization Plan No. 4 of 1978 (43 FR
47713, October 17, 1978) transferred the authority of the Secretary of
the Treasury to issue exemptions of the type proposed to the Secretary
of Labor.
Statutory Findings
In accordance with section 408(a) of the Act and/or section
4975(c)(2) of the Code and the procedures set forth in 29 CFR Part
2570, Subpart B (55 FR 32836, 32847, August 10, 1990) and based upon
the entire record, the Department makes the following findings:
(a) The exemptions are administratively feasible;
(b) They are in the interests of the plans and their
participants and beneficiaries; and
(c) They are protective of the rights of the participants and
beneficiaries of the plans.
Long Mfg. N.C. Inc. Employee's Retirement Plan (the Plan) Located in
Tarboro, North Carolina
[Prohibited Transaction Exemption 94-65; Exemption Application No. D-
9616]
Exemption
The restrictions of sections 406(a), 406(b)(1) and (b)(2) of the
Act and the sanctions resulting from the application of section 4975 of
the Code, by reason of section 4975(c)(1)(A) through (E) of the Code,
shall not apply to the sale of certain real property (the Tarboro
Property) by the Plan to Long Mfg. N.C. Inc. (the Employer), the Plan
sponsor and a party in interest with respect to the Plan; provided that
the following conditions are satisfied:
(1) The sale will be a one-time cash transaction;
(2) The Plan will incur no expenses as a result of the transaction;
(3) the Plan will receive the greater of: (a) $188,548,
representing the Plan's total investment in the Tarboro Property; or
(b) the fair market value of the Tarboro Property as determined at the
time of the sale by an independent, qualified appraiser; and
(4) the Employer will file form 5330 (return of Initial Excise
Taxes for Pension Plans and Profit Sharing Plans) with the Internal
Revenue Service (the IRS) and pay the appropriate excise taxes due with
respect to the past prohibited leasing of the Tarboro Property by the
Plan to the Employer within 90 days of the date of the publication of
the exemption in the Federal Register.
For a more complete statement of facts and representations
supporting the Department's decision to grant this exemption refer to
the notice of proposed exemption published on June 29, 1994 at 59 FR
33548/33550.
FOR FURTHER INFORMATION CONTACT: Ekaterina A. Uzlyan of the Department,
telephone (202) 219-8883. (This is not a toll-free number.)
Thomas G. Soper, M.D., S.C. Employees' Pension Plan and Trust (the
Plan) Located in Evanston, Illinois
[Prohibited Transaction Exemption 94-66; Exemption Application No. D-
9703]
Exemption
The sanctions resulting from the application of section 4975 of the
Code, by reason of section 4975(c)(1)(A) through (E) of the Code, shall
not apply to the cash sale (the Sale) of certain real property (the
Property) by the Plan to Thomas E. Soper, a disqualified person with
respect to the Plan; provided that (1) the Sale is a one-time
transaction for cash; (2) the Plan does not experience any loss nor
incur any expenses in the proposed transaction; and (3) the Plan
receives as consideration the greater of either the fair market value
of the Property as determined by an independent appraiser on the date
of the Sale, or receives an amount equal to all the funds expended by
the Plan in acquiring and maintaining the Property.
For a more complete statement of the facts and representations
supporting the Department's decision to grant this exemption refer to
the notice of proposed exemption published on July 13, 1994, at 59 FR
35760.
FOR FURTHER INFORMATION CONTACT: Mr. C. E. Beaver of the Department,
telephone (202) 219-8881. This is not a toll-free number.)
General Information
The attention of interested persons is directed to the following:
(1) The fact that a transaction is the subject of an exemption
under section 408(a) of the Act and/or section 4975(c)(2) of the Code
does not relieve a fiduciary or other party in interest or disqualified
person from certain other provisions to which the exemptions does not
apply and the general fiduciary responsibility provisions of section
404 of the Act, which among other things require a fiduciary to
discharge his duties respecting the plan solely in the interest of the
participants and beneficiaries of the plan and in a prudent fashion in
accordance with section 404(a)(1)(B) of the Act; nor does it affect the
requirement of section 401(a) of the Code that the plan must operate
for the exclusive benefit of the employees of the employer maintaining
the plan and their beneficiaries;
(2) These exemptions are supplemental to and not in derogation of,
any other provisions of the Act and/or the Code, including statutory or
administrative exemptions and transactional rules. Furthermore, the
fact that a transaction is subject to an administrative or statutory
exemption is not dispositive of whether the transaction is in fact a
prohibited transaction; and
(3) The availability of these exemptions is subject to the express
condition that the material facts and representations contained in each
application are true and complete and accurately describe all material
terms of the transaction which is the subject of the exemption. In the
case of continuing exemption transactions, if any of the material facts
or representations described in the application change after the
exemption is granted, the exemption will cease to apply as of the date
of such change. In the event of any such change, application for a new
exemption may be made to the Department.
Signed at Washington, DC, this 30th day of August, 1994.
Ivan Strasfeld,
Director of Exemption Determinations, Pension and Welfare Benefits
Administration, U.S. Department of Labor.
[FR Doc. 94-21771 Filed 9-1-94; 8:45 am]
BILLING CODE 4510-29-P
Complete official Federal Register PDF
FR Doc. 94-21770 Procurement List; Additions
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21770]
[[Page Unknown]]
[Federal Register: September 2, 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 the Procurement List.
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SUMMARY: This action adds to the Procurement List military resale
commodities and services to be furnished by nonprofit agencies
employing persons who are blind or have other severe disabilities.
EFFECTIVE DATE: October 3, 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 June 24, July 8 and 15, 1994, the
Committee for Purchase From People Who Are Blind or Severely Disabled
published notices (59 FR 32686, 35112 and 36168) of proposed additions
to the Procurement List.
After consideration of the material presented to it concerning
capability of qualified nonprofit agencies to provide the military
resale commodities and services, fair market price, and impact of the
additions on the current or most recent contractors, the Committee has
determined that the military resale commodities and services 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 military resale
commodities and services to the Government.
2. The action does not appear to have a severe economic impact on
current contractors for the military resale commodities and services.
3. The action will result in authorizing small entities to furnish
the military resale commodities and 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 military resale commodities and services
proposed for addition to the Procurement List.
Accordingly, the following military resale commodities and services
are hereby added to the Procurement List:
Military Resale Commodities
Bag, Tote, Canvas
M.R. 511
M.R. 512
M.R. 513
M.R. 595
Cloth, Sponge
M.R. 580
Cloth, Dish
M.R. 942
Services
Grounds Maintenance
Naval Ordnance Center, Pacific Division
Detachment Port Hadlock
Port Hadlock, Washington
Janitorial/Custodial
Naval Station Commissary
San Diego, California
Janitorial/Custodial
U.S. Customhouse
Savannah, Georgia
Janitorial/Custodial
Federal Building, U.S. Post Office and Courthouse
Valdosta, Georgia
Janitorial/Custodial
Red Rock Canyon Visitor Center
Red Rock National Conservation Area
Las Vegas, Nevada
Janitorial/Custodial
Charles E. Kelly Support Facility
Oakdale, Pennsylvania
This action does not affect current contracts awarded prior to the
effective date of this addition or options exercised under those
contracts.
E.R. Alley, Jr.,
Deputy Executive Director.
[FR Doc. 94-21770 Filed 9-1-94; 8:45 am]
BILLING CODE 6820-33-P
Complete official Federal Register PDF
FR Doc. 94-21769 Procurement List; Proposed Additions
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21769]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
Procurement List; Proposed Additions
AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled.
ACTION: Proposed Additions to Procurement List.
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SUMMARY: The Committee has received proposals to add to the Procurement
List commodities and services to be furnished by nonprofit agencies
employing persons who are blind or have other severe disabilities.
COMMENTS MUST BE RECEIVED ON OR BEFORE: October 3, 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.
If the Committee approves the proposed additions, all entities of
the Federal Government (except as otherwise indicated) will be required
to procure the commodities and 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 commodities and
services to the Government.
2. The action does not appear to have a severe economic impact on
current contractors for the commodities and services.
3. The action will result in authorizing small entities to furnish
the commodities and 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 commodities and 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.
The following commodities and services have been proposed for
addition to Procurement List for production by the nonprofit agencies
listed:
Commodities
Shampoo, Coal Tar
6508-00-997-8531
NPA: Cayuga County Chapter, NYSARC Auburn, New York
Litter, Folding
6530-00-783-7205
NPA: Arizona Industries for the Blind Phoenix, Arizona
Dustpan
7290-00-224-8308
NPA: Tuscola County Community Mental Health Services, Caro,
Michigan
Tree Marking Paint and Tracer Element
8010-01-273-3769
8010-01-273-3768
8010-01-273-3767
8010-01-273-3766
8010-01-274-2569
8010-01-274-2568
8010-01-274-2564
8010-01-380-1779
8010-01-380-1770
8010-01-380-1706
8010-01-380-1710
8010-01-380-1777
8010-01-380-1781
8010-01-380-1708
8010-01-273-3765
8010-01-273-3764
8010-01-273-3763
8010-01-273-8705
8010-01-274-2567
8010-01-274-7795
8010-01-274-2563
8010-01-380-1732
8010-01-380-1700
8010-01-380-1727
8010-01-380-1756
8010-01-380-1702
8010-01-380-1745
8010-01-380-1735
8010-01-274-2574
8010-01-274-2573
8010-01-274-2572
8010-01-274-2571
8010-01-274-2566
8010-01-274-2565
8010-01-274-2562
8010-01-380-1766
8010-01-380-1755
8010-01-380-1769
8010-01-380-1763
8010-01-380-1739
8010-01-380-1757
8010-01-380-1753
8010-01-274-2561
8010-01-274-2560
8010-01-273-9348
8010-01-273-9347
8010-01-273-9345
8010-01-273-9344
8010-01-273-9343
8010-01-295-2896
NPA: L.H.B. Industries, St. Louis, Missouri
Nape Strap
8475-01-142-5648
NPA: Cambria County Association f/t Blind & Handicapped,
Johnstown, Pennsylvania
Services
Grounds Maintenance
Koritz Memorial Garden
Brooks Air Force Base, Texas
NPA: Goodwill Industries of San Antonio, San Antonio, Texas
Janitorial/Custodial
928th Airlift Group (AFRES), except Building 4
O'Hare International Airport Air Reserve Station
Chicago, Illinois
NPA: Jewish Vocational Service & Employment Center, Chicago,
Illinois
Janitorial/Custodial
Naval Air Warfare Center
Aircraft Division
6000 E. 21st Street
Indianapolis, Indiana
NPA: Goodwill Industries of Central Indiana, Inc., Indianapolis,
Indiana
Janitorial/Custodial
U.S. Courthouse Annex
110 Court Avenue
Des Moines, Iowa
NPA: Goodwill Industries of Central Iowa, Des Moines, Iowa
E. R. Alley, Jr.,
Deputy Executive Director.
[FR Doc. 94-21769 Filed 9-1-94; 8:45 am]
BILLING CODE 6820-33-P
Complete official Federal Register PDF
FR Doc. 94-21768 Procurement List; Proposed Additions
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21768]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
Procurement List; Proposed Additions
AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled.
ACTION: Proposed additions to procurement list.
-----------------------------------------------------------------------
SUMMARY: The Committee has received proposals to add to the Procurement
List commodities and a service to be furnished by nonprofit agencies
employing persons who are blind or have other severe disabilities.
COMMENTS MUST BE RECEIVED ON OR BEFORE: October 3, 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.
If the Committee approves the proposed additions, all entities of
the Federal Government (except as otherwise indicated) will be required
to procure the commodities and service 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 commodities and
service to the Government.
2. The action will result in authorizing small entities to furnish
the commodities and service to the Government.
3. 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 commodities and service 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.
The following commodities and service have been proposed for
addition to Procurement List for production by the nonprofit agencies
listed:
Commodities
Shirt, Man's
8405-01-311-9691
8405-01-311-9692
8405-01-311-3780
8405-01-311-9693
8405-01-311-9694
8405-01-311-9695
8405-01-311-9696
8405-01-311-9697
8405-01-311-9698
8405-01-311-9699
8405-01-311-9700
8405-01-311-9701
8405-01-311-9702
8405-01-311-9703
8405-01-311-9704
8405-01-311-9705
8405-01-311-9706
8405-01-311-3781
8405-01-311-9707
8405-01-311-9708
8405-01-311-9709
8405-01-311-9710
8405-01-311-3782
8405-01-311-9711
8405-01-311-9712
8405-01-311-9713
8405-01-311-9714
8405-01-311-3783
8405-01-311-9716
8405-01-311-9717
8405-01-311-9718
8405-01-311-9719
8405-01-311-9715
NPA: Lions Volunteer Blind Industries, Inc., Morristown, Tennessee
Service
Janitorial/Custodial, Naval Air Warfare Center Training System
Division, Orlando, Florida
NPA: Lakeview Center, Inc., Pensacola, Florida
E.R. Alley, Jr.,
Deputy Executive Director.
[FR Doc. 94-21768 Filed 9-1-94; 8:45 am]
BILLING CODE 6820-33-M
Complete official Federal Register PDF
FR Doc. 94-21767 Georgia Power Company, et al; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
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[FR Doc No: 94-21767]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-424 and 425]
Georgia Power Company, et al; Notice of Consideration of Issuance
of Amendment to Facility Operating License, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License Nos.
NPF-68 and NPF-81 issued to Georgia Power Company, Ogelthorpe Power
Corporation Municipal Electric Authority of Georgia, City of Dalton,
Georgia (the licensee) for operation of the Vogtle Electric Generating
Plant, Units 1 and 2, located in Burke County, Georgia.
The proposed amendment will relocate the requirements of Technical
Specification 3/4.7.10, Area Temperature Monitoring, to section 16.3 of
the VEGP Final Safety Analysis Report (FSAR). With this relocation to
the FSAR, GPC plans to clarify the basis for areas to be monitored and
modify these surveillance requirements. This change is being proposed
in accordance with NUREG-1431, ``Standard Technical Specifications,
Westinghouse Plants.''
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act) and the Commission's regulations.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in 10 CFR 50.92, this means that operation of
the facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. As
required by 10 CFR 50.91(a), the licensee has provided its analysis of
the issue of no significant hazards consideration, which is presented
below:
The purpose of area temperature monitoring is to provide reasonable
assurance that the normal operating temperatures in the selected rooms
will remain consistent with the temperatures assumed for the
environmental qualification of safety related equipment.
The normal operating temperature is significant for its effect on
the qualified life of the components as well as the predicted
environmental transients (i.e., pressure, temperature, and radiation)
that occur under accident conditions. The following justifications are
provided for the proposed changes to the area temperature monitoring
program:
1. The proposed change to perform temperature surveillance only
when the normal ventilation system is out of service is justified based
on the following:
a. The HVAC systems at VEGP have been designed to maintain the room
temperatures at less than the maximum normal temperature specified for
environmental qualification purposes. The HVAC calculations have
conservatively considered the worst case heat load conditions with a
nominal safety factor when sizing the cooling systems that serve the
subject rooms. As a result, the plant is generally maintained at
temperatures well below the level assumed for normal operation and used
for environmental qualification of equipment.
b. Temperature monitoring activities per Technical Specification 3/
4.7.10 have been in place for 6 years on Unit 1 and 4 years on Unit 2.
The data collected during this time demonstrate that the temperatures
have remained well within environmental qualification limits with the
exception of the main steam isolation valve (MSIV) area which has
exceeded its reportability limits on several occasions. The MSIV area
has since been provided with a new ventilation system and temperature
monitoring instrumentation.
When the normal ventilation system for one of the specified rooms
is not functioning, temperature monitoring activities will resume at
the previously specified rate of once every 12 hours. The proposed
change to monitor these rooms only when the normal ventilation system
is out of service will provide a level of assurance that is similar to
that provided by the current Technical Specification. Therefore,
continued monitoring is not warranted as long as the normal ventilation
systems are functioning.
2. The proposed change in room selection criteria to eliminate
rooms that are classified as mild environment is justified based on the
current methods of environmental qualification. The qualified life of
safety related equipment in mild environment is no longer based on
environmental qualification, but is based on a combination of design
life, trending, and periodic maintenance and surveillance as discussed
in FSAR section 3.11.B. Therefore, the monitoring of mild rooms is not
required to verify that the normal design temperature is being
maintained. However, the existing Technical Specifications not only
require monitoring of the normal room temperature, but also require
actions to evaluate equipment operability if an abnormal condition
temperature limit is exceeded.
To address this abnormal temperature condition, the rooms that are
not monitored based on mild environment will not exceed 150 deg.F
following a complete loss of normal HVAC for a 7-day period.\1\ The
abnormal temperature limits currently shown in the Technical
Specifications are the calculated room temperatures with a loss of
normal HVAC for a 24-hour period. The new criterion is based on an
equipment qualification analysis that demonstrates that short duration
temperature excursions of up to 24 hours at 150 deg.F have an
insignificant effect on the qualified life of electrical and mechanical
equipment. The limitation is further supported by Appendix F of NUMARC
Report 87-00 that concludes that electrical and mechanical equipment
will operate in station blackout conditions with no loss of function
with temperatures of up to 150 deg.F for short durations (i.e., 4
hours).
\1\Per project calculations, the loss of normal HVAC for 7 days
has been shown to be sufficient time to achieve steady state
temperature conditions.
---------------------------------------------------------------------------
3. Relocation of area temperature monitoring to the FSAR and the
revision of the TS reporting requirements are justified as follows:
a. As discussed in enclosure 1 [of the licensee's February 3, 1994
submittal], the existing TS requirements for the area temperature
monitoring program do not meet any of the criteria of the Final Policy
Statement on Technical Specification Improvements for Nuclear Power
Reactors and can safely be relocated to the FSAR.
b. The area temperature monitoring program added to the FSAR will
continue to ensure that room temperatures are maintained within the
limits assumed for environmental qualification. The monitoring
requirements of once every 12 hours when the normal ventilation system
is not in service will ensure that a room would not experience a short
duration temperature excursion for more than 24 hours without an
evaluation of equipment operability. Although reporting requirements
have been excluded from the FSAR description, an evaluation of
equipment operability will continue to be performed in the event that
the temperature limits are exceeded. The reporting of operability
concerns to the NRC will be based on the reporting requirements for the
specific equipment in an affected area after a determination of
operability has been made. The current TS requires that a report be
prepared and submitted to the NRC that demonstrates the continued
operability of the affected equipment if the maximum normal temperature
in an area is exceeded for more than 8 hours.
The new FSAR description will continue to require an evaluation of
equipment operability if either the normal temperature limit or
abnormal condition temperature limit is exceeded. However, no report to
the NRC will be required unless the equipment operability evaluation
indicates a reportable condition.
Based on the above considerations, GPC has concluded the following
concerning 10 CFR 50.92.
1. The proposed change to the Technical Specifications does not
involve a significant increase in the probability or consequences of an
accident previously evaluated. The environmental qualification and
operability of the safety related equipment will not be adversely
affected by the proposed changes to the area temperature monitoring
program. The relocation of TS to the FSAR and the changes to monitoring
frequency will not increase the probability that the room temperature
design limits will be exceeded or result in a loss of qualified life of
safety related equipment. In addition, the consequences of exceeding
the temperature limits will not significantly differ from the existing
program since an evaluation of qualified life and operability will
continue to be performed.
2. The proposed change to the Technical Specifications does not
create the possibility of a new or different kind of accident from any
accident previously evaluated. The relocation of area temperature
monitoring to the FSAR and the changes in monitoring procedures do not
change the design of individual equipment, systems, nor the plant
operating procedures and therefore will not create the possibility of a
new or different kind of accident from those already evaluated.
3. The proposed change to the Technical Specifications does not
involve a significant reduction in the margin of safety because the
revised monitoring requirements will continue to ensure that the
environmental qualification temperature limits of safety related
equipment scoped in the area temperature monitoring program will not be
exceeded without an evaluation of equipment operability.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of the 30-day period. However, should circumstances change
during the notice period such that failure to act in a timely way would
result, for example, in derating or shutdown of the facility, the
Commission may issue the license amendment before the expiration of the
30-day notice period, provided that its final determination is that the
amendment involves no significant hazards consideration. The final
determination will consider all public and State comments received.
Should the Commission take this action, it will publish in the Federal
Register a notice of issuance and provide for opportunity for a hearing
after issuance. The Commission expects that the need to take this
action will occur very infrequently.
Written comments may be submitted by mail to the Rules Review and
Directives Branch, Division of Freedom of Information and Publications
Services, Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and should cite the publication date and page
number of this Federal Register notice. Written comments may also be
delivered to Room 6D22, Two White Flint North, 11545 Rockville Pike,
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.
Copies of written comments received may be examined at the NRC Public
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC
20555.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By October 3, 1994, the licensee may file a request for a hearing
with respect to issuance of the amendment to the subject facility
operating license and any person whose interest may be affected by this
proceeding and who wishes to participate as a party in the proceeding
must file a written request for a hearing and a petition for leave to
intervene. Requests for a hearing and a petition for leave to intervene
shall be filed in accordance with the Commission's ``Rules of Practice
for Domestic Licensing Proceedings'' in 10 CFR Part 2. Interested
persons should consult a current copy of 10 CFR 2.714 which is
available at the Commission's Public Document Room, the Gelman
Building, 2120 L Street, NW., Washington, DC 20555 and at the local
public document room located at Burke County Public Library, 412 Fourth
Street, Waynesboro, Georgia 30830. If a request for a hearing or
petition for leave to intervene is filed by the above date, the
Commission or an Atomic Safety and Licensing Board, designated by the
Commission or by the Chairman of the Atomic Safety and Licensing Board
Panel, will rule on the request and/or petition; and the Secretary or
the designated Atomic Safety and Licensing Board will issue a notice of
hearing or an appropriate order.
As required by 10 CFR 2.714, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following factors: (1) The nature of the petitioner's right under the
Act to be made party to the proceeding; (2) the nature and extent of
the petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any order which may be
entered in the proceeding on the petitioner's interest. The petition
should also identify the specific aspect(s) of the subject matter of
the proceeding as to which petitioner wishes to intervene. Any person
who has filed a petition for leave to intervene or who has been
admitted as a party may amend the petition without requesting leave of
the Board up to 15 days prior to the first prehearing conference
scheduled in the proceeding, but such an amended petition must satisfy
the specificity requirements described above.
Not later than 15 days prior to the first prehearing conference
scheduled in the proceeding, a petitioner shall file a supplement to
the petition to intervene which must include a list of the contentions
which are sought to be litigated in the matter. Each contention must
consist of a specific statement of the issue of law or fact to be
raised or controverted. In addition, the petitioner shall provide a
brief explanation of the bases of the contention and a concise
statement of the alleged facts or expert opinion which support the
contention and on which the petitioner intends to rely in proving the
contention at the hearing. The petitioner must also provide references
to those specific sources and documents of which the petitioner is
aware and on which the petitioner intends to rely to establish those
facts or expert opinion. Petitioner must provide sufficient information
to show that a genuine dispute exists with the applicant on a material
issue of law or fact. Contentions shall be limited to matters within
the scope of the amendment under consideration. The contention must be
one which, if proven, would entitle the petitioner to relief. A
petitioner who fails to file such a supplement which satisfies these
requirements with respect to at least one contention will not be
permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing, including the opportunity to present evidence and cross-
examine witnesses.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held.
If the final determination is that the amendment request involves
no significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment.
If the final determination is that the amendment request involves a
significant hazards consideration, any hearing held would take place
before the issuance of any amendment.
A request for a hearing or a petition for leave to intervene must
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, Attention: Docketing and Services
Branch, or may be delivered to the Commission's Public Document Room,
the Gelman Building, 2120 L Street, NW., Washington, DC 20555, by the
above date. Where petitions are filed during the last 10 days of the
notice period, it is requested that the petitioner promptly so inform
the Commission by a toll-free telephone call to Western Union at 1-
(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union
operator should be given Datagram Identification Number N1023 and the
following message addressed to Herbert N. Berkow: petitioner's name and
telephone number, date petition was mailed, plant name, and publication
date and page number of this Federal Register notice. A copy of the
petition should also be sent to the Office of the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, and to Arthur H.
Domby, Troutman Sanders, Nations Bank Plaza, 600 Peachtree Street, NE.,
Atlanta, Georgia 30308, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended
petitions, supplemental petitions and/or requests for hearing will not
be entertained absent a determination by the Commission, the presiding
officer or the presiding Atomic Safety and Licensing Board that the
petition and/or request should be granted based upon a balancing of the
factors specified in 10 CFR 2.714(a)(1) (i)-(v) and 2.714(d).
For further details with respect to this action, see the
application for amendment dated February 3, 1994, which is available
for public inspection at the Commission's Public Document Room, the
Gelman Building, 2120 L Street, NW., Washington, DC 20555, and at the
local public document room located at the Burke County Public Library,
412 Fourth Street, Waynesboro, Georgia 30830.
Dated at Rockville, Maryland, this 29th day of August, 1994.
For the Nuclear Regulatory Commission.
Louis Wheeler,
Project Manager, Project Directorate II-3, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-21767 Filed 9-1-94; 8:45 am]
BILLING CODE 7590-01-M
Complete official Federal Register PDF
FR Doc. 94-21766 University of Washington Research Reactor Notice of Proposed Issuance of Orders Authorizing Disposition of Component Parts and Terminating Facility License
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21766]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-139]
University of Washington Research Reactor Notice of Proposed
Issuance of Orders Authorizing Disposition of Component Parts and
Terminating Facility License
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of Orders authorizing the University of Washington
(the licensee) to dismantle the reactor facility and dispose of the
component parts, and termination of Facility License No. R-73, in
accordance with the licensee's application dated August 2, 1994.
The first of these Orders would be issued following the
Commission's review and approval of the licensee's detailed plan for
decontamination of the facility and disposal of the radioactive
components, or some alternate disposition plan for the facility. This
Order would authorize implementation of the approved plan. Following
completion of the authorized activities and verification by the
Commission that acceptable radioactive contamination levels have been
achieved, the Commission would issue a second Order terminating the
facility license and any further NRC jurisdiction over the facility.
Prior to issuance of each Order, the Commission will have made the
findings required by the Atomic Energy Act of 1954, as amended (the
Act), and the Commission's regulations.
By October 3, 1994, the licensee may file a request for a hearing
with respect to issuance of the subject Orders and any person whose
interest may be affected by this proceeding and who wishes to
participate as a party in the proceeding must file a written petition
for leave to intervene. Requests for a hearing and petitions for leave
to intervene shall be filed in accordance with the Commission's ``Rules
of Practice for Domestic Licensing Proceedings'' in 10 CFR Part 2. If a
request for a hearing or petition for leave to intervene is filed by
the above date, the Commission or an Atomic Safety and Licensing Board,
designated by the Commission or by the Chairman of the Atomic Safety
and Licensing Board Panel, will rule on the request and/or petition and
the Secretary or the designated Atomic Safety and Licensing Board will
issue a notice of hearing or an appropriate order.
As required by 10 CFR 2.714, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following factors: (1) the nature of the petitioner's right under the
Act to be made a party to the proceeding; (2) the nature and extent of
the petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any order which may be
entered in the proceeding on the petitioner's interest. The petition
should also identify the specific aspect(s) of the subject matter of
the proceeding as to which petitioner wishes to intervene. Any person
who has filed a petition for leave to intervene or who has been
admitted as a party may amend the petition without requesting leave of
the board up to fifteen (15) days prior to the first prehearing
conference scheduled in the proceeding, but such an amended petition
must satisfy the specificity requirements described above.
Not later than fifteen (15) days prior to the first prehearing
conference scheduled in the proceeding, a petitioner shall file a
supplement to the petition to intervene which must include a list of
the contentions which are sought to be litigated in the matter, and the
bases for each contention set forth with reasonable specificity.
Contentions shall be limited to matters within the scope of the action
under consideration. A petitioner who fails to file such a supplement
which satisfies these requirements with respect to at lest one
contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing, including the opportunity to present evidence and cross-
examine witnesses.
A request for a hearing or a petition for leave to intervene must
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, D.C. 20555, Attention: Docketing and Service
Branch, or may be delivered to the Commission's Public Document Room,
the Gelman Building, 2120 L Street, NW., Washington, D.C. by the above
date. Where petitions are filed during the last ten (10) days of the
notice period, it is requested that the petitioner or representative
for the petitioner promptly so inform the Commission by a toll-free
telephone call to Western Union at 1-(800)-325-6000 (in Missouri 1-
(800)-342-6700). The Western Union operator should be given Datagram
Identification Number 3737 and the following message addressed to
Seymour H. Weiss: petitioner's name and telephone number; date petition
was mailed; the University of Washington; and publication date and page
number of this Federal Register notice. A copy of the petition should
also be sent to the Office of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington, D.C. 20555, and to Ms. Christine
Hughes, Division Chief and Special Assistant to the Attorney General,
University of Washington, 101 Administration, MS: AF-50, Seattle,
Washington 98195, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended
petitions, supplemental petitions and/or requests for hearing will not
be entertained absent a determination by the Commission, the presiding
officer or the presiding Atomic Safety and Licensing board, that the
petitioner and/or request should be granted based upon a balancing of
the factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
For further details with respect to this action, see the licensee's
application dated August 2, 1994, which is available for public
inspection at the Commission's Public Document Room, 2120 L Street NW.,
Washington, D.C.
Dated at Rockville, Maryland, this 29th day of August 1994.
For the Nuclear Regulatory Commission.
Seymour H. Weiss,
Director, Non-Power Reactors and Decommissioning Project Directorate,
Division of Operating Reactor Support, Office of Nuclear Reactor
Regulation.
[FR Doc. 94-21766 Filed 9-1-94; 8:45 am]
BILLING CODE 7590-01-M
Complete official Federal Register PDF
FR Doc. 94-21764 Delaware Valley Railway Co., Inc., Modified Rail Certificate
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
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[FR Doc No: 94-21764]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 325351]
Delaware Valley Railway Co., Inc., Modified Rail Certificate
On June 17, 1994, as amended or supplemented July 5, July 22, and
August 18, 1994, Delaware Valley Railway Company, Inc. (Delaware),
filed a notice for a modified certificate of public convenience and
necessity under 49 CFR Part 1150, Subpart C, to operate approximately
53.82 miles of rail line as follows: (1) 17.32 miles of rail extending
between milepost 12.7 at the Delaware/Pennsylvania line and milepost
30.02 at Modena, PA, owned by the Pennsylvania Department of
Transportation (PennDOT); and (2) 36.50 miles of rail extending between
milepost 18.0 at Wawa, PA, and milepost 54.50 at Sylmar, MD, owned by
the South Eastern Pennsylvania Transportation Authority (SEPTA).
\1\This proceeding embraces Octoraro Railway, Inc.--Acquisition
and Operation Exemption--Certain Rail Line of Southeastern
Pennsylvania Transportation Authority, Finance Docket No. 31254 (ICC
served Oct. 26, 1988) (Octoraro Acquisition).
It is also related to the following simultaneously filed
proceedings: Certificate of Designated Operator, Delaware Valley
Railway Company, D-OP 59 (USRA Line No. 907/939); and RailAmerica,
Inc.--Continuance in Control Exemption--Delaware Valley Railway
Company, Inc., Finance Docket No. 32534.
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Delaware states that it planned to commence operations on July 1,
1994, the day after Octoraro Railway, Inc. (Octoraro), the current
operator, was to terminate service.2
\2\Octoraro operated the lines under the authority issued in
Certificate of Designated Operator, Octoraro Railway, Inc., D-OP 10
(USRA Line No. 907/939-RDG) (ICC served Feb. 22, 1977), and Octoraro
Railway, Inc.--Operation--Over Southeastern Pennsylvania
Transportation Authority Between Wawa, PA and Colora, MD, in
Delaware and Chester Counties, PA and Cecil County County, MD,
Finance Docket No. 28334 (ICC served Oct. 25, 1978, and May 22,
1979) (Octoraro Operation).
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The lines were not included in the final system plan at the time
the Consolidated Rail Corporation was formed, and, as such, were
authorized to be abandoned without further Commission approval pursuant
to the Railroad Revitalization and Regulatory Reform Act of 1976, Pub.
L. 94-210. PennDOT acquired its line segment (a portion of USRA line
907/939) from the Trustees of the Reading Railroad, and SEPTA acquired
its line segment (a portion of USRA line 142) from the Trustees of the
Penn Central Transportation Company, after the respective lines were
abandoned in 1976.3
\3\Issuance of this modified certificate was delayed because the
Commission's records indicate that Octoraro, and not SEPTA, is the
owner of the 36.50-mile segment of USRA Line 142 extending between
Wawa and Sylmar. See Octoraro Acquisition, where Chester County, PA
(Chester), was to acquire the line segment from SEPTA, and
simultaneously sell it to Octoraro in a series of transactions that
were to be consummated on or about October 5, 1988. In
clarification, SEPTA and Chester, on August 18, 1994, jointly filed
a verified statement declaring that the acquisition transaction in
Finance Docket No. 31254 was never consummated. They affirm that
SEPTA continues to own the 36.50-mile line. Octoraro apparently
continued to operate the 36.50-mile line segment under the operating
exemption previously granted in Octoraro Operation.
Although Octoraro apparently has ceased operations, it has not
sought discontinuance authority. Consequently, Octoraro retains its
common carrier obligation to provide freight service between Wawa
and Colora, MD, under Finance Docket No. 28334. To be relieved of
that obligation, it must file a discontinuance application under 49
U.S.C. 10903 and 10904 or seek an exemption under 49 U.S.C. 10505.
This decision results in both Delaware and Octoraro being
authorized to operate the line between Wawa and Sylmar. This should
not be a problem because the evidence of record indicates that
future operations will be conducted by only one carrier. See New
Hampshire Central Railroad, Inc., Modified Rail Certificate, Finance
Docket No. 32309 (ICC served July 15, 1993).
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The Commission will serve a copy of this notice on the Association
of American Railroads (Car Service Division), as agent of all railroads
subscribing to the car-service and car-hire agreement, and on the
American Short Line Railroad Association.
Decided: August 26, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-21764 Filed 9-1-94; 8:45 am]
BILLING CODE 7035-01-P
Complete official Federal Register PDF
FR Doc. 94-21763 RailAmerica, Inc.Continuance in Control ExemptionDelaware Valley Railway Company, Inc.
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
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[FR Doc No: 94-21763]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32534]
RailAmerica, Inc.--Continuance in Control Exemption--Delaware
Valley Railway Company, Inc.
RailAmerica, Inc. (RAI), a noncarrier holding company, has filed a
notice of exemption to continue in control of Delaware Valley Railway
Company, Inc. (Delaware), a noncarrier, upon the latter becoming a
class III rail carrier.
In related proceedings, Delaware has concurrently filed: (1) A
modified rail certificate to operate two rail lines1 totalling
approximately 53.82 miles, see Delaware Valley Railway Company, Inc.--
Modified Rail Certificate, Finance Docket No. 32535; and (2) a
designated operator certificate to operate a 9.8-mile rail line
extending between milepost 2.9 at Elsmere Jct., DE, and milepost 12.7
at the Delaware/Pennsylvania line,2 see Certificate of Designated
Operator, Delaware Valley Railway Company, D-OP 59 (USRA Line No. 907/
939). The notice became effective on June 24, 1994.3
\1\The line segment extending between milepost 12.7 at the
Delaware/Pennsylvania line and milepost 30.02 at Modena, PA, is
owned by the Pennsylvania Department of Transportation; the other
line segment extending between milepost 18.0 at Wawa, PA, and
milepost 54.50 at Sylmar, MD, is owned by the South Eastern
Pennsylvania Transportation Authority.
\2\The line is owned by the Reading Company, successor to the
bankrupt Reading Railroad.
\3\Under 49 CFR 1180.2(d), notices of exemption become effective
7 days after being filed. Service of this decision has been delayed
because additional information was needed to process the related
proceedings.
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RAI owns and controls the following class III rail carriers: Huron
and Eastern Railway Company, Inc. (operating in Michigan); Saginaw
Valley Railway Company (operating in Michigan); and South Central
Tennessee Railroad Corporation (operating in Tennessee).
RAI states that: (1) The lines to be operated by Delaware do not
connect with any of the other lines controlled by it; (2) the
continuance in control is not a part of a series of anticipated
transactions that would connect Delaware with any railroad in the
corporate family; and (3) the transaction does not involve a class I
carrier. Therefore, the transaction is exempt from the prior approval
requirements of 49 U.S.C. 11343. See 49 CFR 1180.2(d)(2).
As a condition to use of this exemption, any employees affected by
the transaction will be protected by the conditions set forth in New
York Dock Ry.--Control--Brooklyn Eastern Dist., 360 I.C.C. 60 (1979).
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
automatically stay the transaction. Pleadings must be filed with the
Commission and served on: Robert A. Wimbish, Rea, Cross & Auchincloss,
Suite 420, 1920 N Street, N.W., Washington, DC 20036.
Decided: August 26, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-21763 Filed 9-1-94; 8:45 am]
BILLING CODE 7035-01-P
Complete official Federal Register PDF
FR Doc. 94-21762 Tariffs of Carriers Whose Operating Authorities Have Been Revoked
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
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[FR Doc No: 94-21762]
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INTERSTATE COMMERCE COMMISSION
[Ex Parte No. MC 221]
Tariffs of Carriers Whose Operating Authorities Have Been Revoked
AGENCY: Interstate Commerce Commission (ICC).
ACTION: Notice of the Commission's intention to treat as cancelled the
tariffs of carriers whose operating authorities have been revoked and
remain inactive for one year.
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SUMMARY: The ICC announces that, effective immediately, it will treat
as cancelled the tariffs of any carrier whose operating authority is
revoked and remains inactive for a one-year period. This will permit
the Commission to reduce its storage costs for tariffs, and will avoid
misleading the public by having meaningless tariffs included in the
active tariff library.
DATES: Comments are due on October 3, 1994.
ADDRESSES: Send comments (an original and 10 copies) referring to Ex
Parte No. MC 221 to: Interstate Commerce Commission, Office of the
Secretary, Case Control Branch, Washington, DC 20423.
FOR FURTHER INFORMATION CONTACT: James W. Greene, (202) 927-5597. TDD
for hearing impaired: (202) 927-5721.
SUPPLEMENTARY INFORMATION: In recent years, a significant number of
carriers have had their operating authorities revoked and gone out of
business without canceling their tariffs. In the absence of formal
cancellation action by the carriers, we have retained these tariffs in
the active tariff library. In our view, the retention of such tariffs
in the active tariff library should be discontinued since it imposes
unnecessary storage costs and can mislead the public by indicating the
availability of service and pricing that no longer exist.
The Interstate Commerce Act does not permit a carrier to file
tariffs covering service which it is not authorized to provide. Thus,
once a carrier's operating authority is revoked, there is no lawful
basis for the continued existence of any effective tariffs covering
service formerly authorized by the revoked authority. We believe we can
treat such tariffs as cancelled whether or not the carrier whose
operating authority is revoked takes formal action to cancel
them.1
\1\Carriers whose operating authorities are revoked are
sometimes included as participating carriers in tariffs issued by
agents or other carriers who remain in business; however, the
tariffs published by others can be, and generally are, promptly
revised to exclude the carriers whose authorities have been revoked.
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There are numerous instances each year in which the Commission
revokes carriers' operating authorities because they fail to maintain
insurance coverage as required by the Commission's regulations. In many
instances, once the carriers realize that their operating authorities
have been revoked, they reinstate the required coverage and request
that their authorities be reinstated. As a matter of practice, the
carriers have been allowed to reinstate operations without being
required to file new tariffs. In these revocations and reinstatements,
however, the entire process is typically completed within a few months,
so the procedures announced in this notice, which provide that tariffs
will be deemed cancelled after 1 year of inactivity, will not affect
current tariff reinstatement practices.2
\2\The Commission currently keeps cancelled tariffs at the
Commission for three years after cancellation for use in resolving
rate disputes for past traffic. The tariffs are then stored for an
additional seven years at the Federal Records Center to satisfy
Federal records retention requirements and to be further available
for rate dispute resolutions. The tariffs of a carrier whose
operating authority has been revoked will be treated in the same
fashion; the information contained in them will be available for 10
years after the carrier's authority has been revoked.
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Environmental Statement
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
Decided: August 18, 1994.
By the Commission, Chairman McDonald, Vice Chairman Phillips,
Commissioners Simmons and Morgan.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-21762 Filed 9-1-94; 8:45 am]
BILLING CODE FR-7035-01-P
Complete official Federal Register PDF
FR Doc. 94-21760 Piper Jaffray Healthcare Capital, L.P.; Filing of an Application for a License To Operate as a Small Business Investment Company
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
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[FR Doc No: 94-21760]
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SMALL BUSINESS ADMINISTRATION
[Application No. 99000130]
Piper Jaffray Healthcare Capital, L.P.; Filing of an Application
for a License To Operate as a Small Business Investment Company
Notice is hereby given of the filing of an application with the
Small Business Administration (SBA) pursuant to Sec. 107.102 of the
Regulations governing small business investment companies (13 CFR
107.102 (1994)) by Piper Jaffray Healthcare Capital, L.P., 222 S. Ninth
Street Minneapolis, Minnesota 55402, for a license to operate as a
small business investment company (SBIC) under the Small Business
Investment Act of 1958, as amended (15 U.S.C. et. seq.), and the Rules
and Regulations promulgated thereunder. Piper Jaffray Healthcare
Capital, L.P. is a Delaware limited partnership.
Piper Jaffray Healthcare Capital, L.P., will be managed by Piper
Venture Management SBIC, L.P., a Delaware limited partnership whose
sole general partner is Piper Ventures Capital, Inc. a special purpose
subsidiary of Piper Jaffray Ventures, Inc. The General Partner and all
related associates are located at the same address as the applicant.
The following limited partner owns 10 percent or more of the
proposed SBIC:
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Percentage
Name of
ownership
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Piper Jaffray Healthcare Fund, L.P., 222 S. Ninth Street,
Minneapolis, Minnesota 55402.............................. 99.0
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The following investors own 10 percent or more of the applicant
through its investment in the entity listed above:
Piper Jaffray Investors--Fund VIII, 222 S. Ninth Street, Minneapolis,
Minnesota 55402
St. Jude Medical, Inc., One Lillehei Plaza, St. Paul, Minnesota 55117
The applicant will begin operations with capitalization of
approximately $7.5 million and will be a source of equity financings
for qualified small business concerns. The applicant anticipates a
majority of investments will be made in small concerns in the states of
Minnesota, California, Massachusetts, Colorado, and Washington. The
applicant will, however, consider attractive business activities
throughout the U.S. meeting the applicant's investment profile and
characteristics.
Matters involved in SBA's consideration of the application include
the general business reputation and character of the proposed owners
and management, and the probability of successful operations of the new
company under their management, including profitability and financial
soundness in accordance with the Act and Regulations.
Notice is hereby given that any person may, not later than 15 days
from the date of publication of this Notice, submit written comments on
the proposed SBIC to the Associate Administrator for Investment, Small
Business Administration, 409 3rd Street, SW., Washington, DC 20416.
A copy of this Notice will be published in a newspaper of general
circulation in Minneapolis, Minnesota.
(Catalog of Federal Domestic Assistance Programs No. 59.011, Small
Business Investment Companies)
Dated: August 23, 1994.
Robert D. Stillman,
Associate Administrator for Investment.
[FR Doc. 94-21760 Filed 9-1-94; 8:45 am]
BILLING CODE 8025-01-M
Complete official Federal Register PDF
FR Doc. 94-21758 Activities of the Trans-Atlantic Agreement and its Members
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
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[FR Doc No: 94-21758]
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FEDERAL MARITIME COMMISSION
[Fact Finding Investigation No. 21]
Activities of the Trans-Atlantic Agreement and its Members
Pursuant to Commission Order issued July 27, 1994, instituting Fact
Finding Investigation No. 21 (``the Fact Finding Order''), notice is
hereby given that the Investigative Officers will conduct a hearing
concerning various activities and practices by the Trans-Atlantic
Agreement (``TAA'') and its members which are alleged to be
anticompetitive or otherwise violative of the Shipping Act of 1984, 46
U.S.C. app. 1701 et seq. The Investigative Officers will take testimony
under oath, and receive documents in evidence, as appropriate. In the
discretion of the Investigative Officers, portions of this hearing may
be conducted in non-public session, as authorized by the Fact Finding
Order.
Hearings in Fact Finding Investigation No. 21 will be conducted in
Washington, DC, at the following location: Federal Maritime Commission,
Hearing Room No. 1, 800 North Capitol St., NW., Washington, DC 20573,
Tele: (202) 523-5783, Fax: (202) 523-5785.
The hearings will commence in public session at 10 a.m. on October 17,
1994, and may be conducted on subsequent days at the same location, as
appropriate.
Interested persons desiring to testify should contact any of the
Investigative Officers designated by the Commission, at the address
noted above.
Charles L. Haslup, III,
Investigative Officer.
[FR Doc. 94-21758 Filed 9-1-94; 8:45 am]
BILLING CODE 6730-01-M
Complete official Federal Register PDF
FR Doc. 94-21757 Transfer of Interstate Maintenance Program Funds
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
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[FR Doc No: 94-21757]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. 93-10]
Transfer of Interstate Maintenance Program Funds
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Proposed final policy statement; requests for comments.
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SUMMARY: This proposed final policy statement sets forth the FHWA's
policy for addressing the interstate maintenance program funds transfer
provisions of 23 U.S.C. 119(f)(1). The criteria for determining what
constitutes adequate maintenance, which are included in this policy,
are associated with only the transfer of Interstate Maintenance (IM)
funds and are not related to the State's responsibility to properly
maintain projects constructed with Federal-aid funds outlined in 23
U.S.C. 116, Maintenance.
DATES: Comments must be received on or before November 1, 1994.
ADDRESSES: Submit written, signed comments concerning this policy
statement to FHWA Docket No. 93-10, Federal Highway Administration,
Room 4232, HCC-10, Office of the Chief Counsel, 400 Seventh Street,
SW., Washington, DC 20590. All comments received will be available for
examination at the above address between 8:30 a.m. and 3:30 p.m., e.t.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. John Hallin, Chief, Pavement
Design and Rehabilitation Branch, (202) 366-1323, or Ms. Vivian
Philbin, Attorney-Advisor, Office of Chief Counsel, General Law Branch,
(202) 366-0780, Federal Highway Administration, 400 Seventh Street SW.,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 1993, the FHWA published an interim policy statement on
the transfer of Interstate maintenance program funds at 58 FR 12299,
and provided a 60-day public comment period which closed on May 3,
1993. During the intervening period, FHWA has evaluated the comments
and reconsidered its initial position. As a result, the FHWA is
proposing to modify the pavement roughness and faulting criteria and to
add additional criteria that were not proposed in the interim policy.
A total of 18 State highway agencies (SHAs) and the Highway User
Federation for Safety and Mobility (HUFSAM), a public interest group,
provided written comments to the docket established for the interim
policy statement.
The SHA comments ranged from administrative type questions, such as
requests for clarification of measurement procedures and use of
existing pavement management system data, to fundamental positions on
the individual indicators and the specific established criteria. Some
SHAs endorsed various portions of the criteria established, while
others took exception to part or all of the criteria.
The HUFSAM strongly endorsed the interim policy. It stressed the
need to assure that the Interstate System be maintained at a very high
level and noted that, from its studies, nationwide, the Interstate
maintenance funding levels are inadequate.
After evaluating the comments received, the FHWA continues to
believe that transfers of apportioned IM funds specifically earmarked
for Interstate maintenance to other designated programs should be
permitted only when the Interstate System routes are in a physical,
operational, and safe condition and perform at or near the level for
which they were designed, and constructed. Because pavement and bridge
activities constitute the major cost items of IM eligible activities,
the interim policy focused on pavement and bridge condition indicators
as the determining factors for eligibility to transfer IM funds. Other
essential elements, necessary to maintain the physical and operational
integrity of the Interstate, must also be considered in transportation
decisions. Responses to the interim policy, however, indicate a concern
that other essential elements need not be considered in transfer
decisions. This was not the intent of the interim policy statement.
Section 101(a) of Title 23 U.S.C. defines ``maintenance'' to mean
the preservation of the entire highway, including surface, shoulders,
roadside, structures, and such traffic control devices as are necessary
for its safe and efficient utilization. As the IM program now provides
the major resources for rehabilitation, resurfacing, and restoration
(3R) work on the Interstate System, extending the service life of all
major components and enhancing highway safety on the system should
receive first priority for IM fund use. For example, over 25 percent of
the projects and approximately 10 percent of funds from the IM program
are currently being expended on traffic and safety improvement
projects. The FHWA supports a continued strong emphasis on safety.
In a sampling of SHA pavement management systems conducted during
the past year, the FHWA found that the pavement condition indicators
established in the interim policy are generally collected and used by
the States in evaluating the condition of the Interstate for their own
management purposes. While the data collection and reporting procedures
differ somewhat, the fundamental indicators are consistently used by
the SHA's to manage their Interstate pavements.
The proposed final policy includes the original pavement and bridge
condition indicators established in the interim policy and adds
pavement surface friction as a fourth pavement condition indicator.
However, the roughness criteria has been modified and the separate
faulting criteria for jointed plain and joint reinforced concrete
pavement (JPCP and JRCP) has been replaced with a single criterion of
525 mm/km (33 inches/mile) for both jointed pavement types.
In addition to these interim factors, this proposed final policy
statement adds criteria for the additional traffic and safety related
indicators of (1) safety appurtenances, (2) traffic control devices,
and (3) geometric elements. These indicators are equally critical to
the Interstate System which relies heavily on the availability of IM
funds for continued adequacy. Maintenance of the Interstate System's
operational as well as physical characteristics in a satisfactory
manner remains the first priority for the use of these funds.
Comments Received
This section addresses specific SHA comments organized around the
criteria established for each of the individual condition indicators.
Pavement Roughness
Three SHAs suggested that the International Roughness Index (IRI),
developed at the International Road Roughness Experiment, is not the
appropriate measure of rideability. The FHWA recognizes that IRI does
have some limitations. It does, however, provide a common quantitative
basis with which to reference the different measures of roughness.
Further, it is currently collected by SHAs and provided to FHWA under
the Highway Performance Monitoring System (HPMS) submission
requirements. Although the FHWA is open to use of improved pavement
surface rideability measures, until such time that improved measures
and equipment to measure them are accepted and readily available to
SHA's, the FHWA will continue to rely on IRI as the ride indicator.
Four SHAs commented that the specific IRI criteria of 240 cm/km
(150 inches/mile) was too severe. The FHWA disagrees. The selection of
the 240 cm/km upper limit criteria on pavement roughness was directly
tied to the FHWA's desire to require Interstate pavement to be in fair
or better condition. The interim policy noted that initial IRI to
pavement serviceability rating\1\ (PSR) conversion studies\2\ indicated
a 240 cm/km IRI is equivalent to a PSR range of 3.0 to 3.5. Pavements
within this range are classified as fair in the FHWA's ``1992 Highway
Statistics''\3\ report. Subsequent additional analysis of the IRI/PSR
correlation indicates that a 240 cm/km IRI more accurately reflects a
much lower PSR range of 2.5 to 2.8 (pavements in this range are
classified as being in poor to mediocre condition\4\). Based on this
further analysis, the FHWA has established an upper limit of allowable
IRI of 200 cm/km (127''/mile). This converts to a PSR of between 2.8
and 3.2 which is more consistent with the FHWA's original objective
that pavements be in fair or better condition\5\.
\1\The PSR concept was developed at the 1956 American
Association of State Highway Officials (AASHO) road test to relate
the pavement serviceability index (PSI), computed from objectively
measured pavement distress, with subjective serviceability ratings
by panels of road users.
\2\Bashar Al-Omari and Michael I. Darter, ``Relationships
between IRI and PSR: A Report of the Findings of Pavement Model
Enhancements for the Highway Performance Monitoring System (HPMS),''
Transportation Engineering Series No. 69, University of Illinois at
Urbana Champaign, Report No. UILU-ENG-92-2013, September 1992. This
document is available for inspection in FHWA Docket No. 93-10.
\3\FHWA, ``Highway Statistics 1992,'' FHWA-PL-93-023. A copy of
this document is available for inspection in FHWA Docket No. 93-10.
\4\Ibid.
\5\Ibid.
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Rutting
Rutting comments were limited to data collection difficulties and
reflected a degree of uncertainty about what data collection equipment
and procedure would be considered acceptable. No comments were received
concerning the appropriateness of the rutting indicator or the
established criteria. Therefore the FHWA has retained 15 mm (5/8 inch)
as the upper allowable limit of rutting. Concerns related to data
collection equipment and procedures are addressed under ``Pavement Data
Collection,'' later in the preamble.
Faulting
The SHA comments on the faulting criteria were split evenly; five
SHAs thought that the faulting criteria were too restrictive, while
five SHAs commented that the criteria were acceptable. In addition, the
HUFSAM found the criteria acceptable.
One SHA recommended simplifying the policy by replacing the
separate faulting criteria for jointed plain and jointed reinforced
concrete pavement (JPCP and JRCP) with a single faulting criterion in
mm/km (inches/mile) for both pavement types. A mm/km based criteria
would eliminate the need to take joint frequency into account, as the
average allowable faulting per joint would be directly related to the
number of joints/mile. The FHWA recognizes the merit in this
recommendation and has replaced the separate faulting criteria of 3 mm
on JPCP and 6 mm on JRCP with an equivalent maximum faulting rate of
525 mm/km (33 inches/mile) for both. This faulting rate is equivalent
to 3 mm per joint on typical JPCP with 6 meter (20 foot) joint spacing
and 6 mm per joint on JRCP with 12 meter (40 foot) joint spacing.
Because joint spacing varies between States, the allowable faulting per
joint will differ from State to State, even though the faulting rate
per km remains constant.
Administrative--Procedural Tolerance Limits
The most common comment, received from seven SHAs, was that the
scope of the application of the criteria was too stringent. The crux of
the argument was that some tolerance limit should be established to
allow a SHA in substantial compliance to transfer funds. A common
suggestion was that the FHWA only require that 90 to 95 percent of the
Interstate System meet the criteria before allowing transfer.
The FHWA recognizes that there are continually evolving pavement
and bridge needs and, at any one point in time, even SHAs with
exceptionally good pavements might not meet the criteria on 100 percent
of their Interstate system. The FHWA has already provided relief for
this situation. The interim policy specifically allows transfer when
all criteria are not met on the Interstate if the work necessary to
correct any deficient segments is included in the approved State
Transportation Improvement Program, required by 23 U.S.C. 135(f). This
relief is included in the final policy. The FHWA believes that allowing
a 5 to 10 percent exemption or tolerance would be unwise, as it would
allow transfer of money necessary to maintain the Interstate highway
system.
Pavement Data Collection
Several SHAs posed comments and questions on data collection and
reporting procedures. The primary concern appeared to be whether FHWA
would require a specific data collection effort using some standardized
equipment and procedures that would be different from what is currently
used by the individual SHAs. Further, the comments included request for
flexibility in summarizing the data. Several suggested that FHWA should
use whatever SHA PMS data was available to determine the acceptability
of a certification accompanying a transfer request.
The FHWA intends to rely primarily on current surface roughness,
rutting, and faulting information contained in SHAs PMS database(s) and
from information reported in HPMS in evaluating the pavement component
of State certifications accompanying Interstate maintenance fund
transfer requests.
The FHWA recognizes the uniqueness of each SHA's PMS and the
diversity of equipment and procedures used by the SHAs to meet their
particular pavement management needs. The FHWA is not prescribing new
specific uniform data collection equipment, procedures, sampling, or
data reduction techniques to determine compliance with the pavement
Interstate maintenance transfer criteria.
Bridges
Only two SHA's commented on the bridge section of the policy. Both
endorsed the use of the current National Bridge Inventory (NBI) bridge
deck condition rating (Item 58) as an indicator and supported the
criteria requirement that bridge decks have a condition rating of 5 or
better. This is consistent with the long standing use of a deck rating
of less than 5 to determine a structurally deficient bridge.
Both States also recommended that FHWA include the NBI ratings for
superstructure and substructure in the policy and delete the load
posting requirement contained in the interim policy.
The FHWA originally considered using superstructure and
substructure ratings as specific criteria when it initially developed
the interim policy. Upon further consideration, FHWA still supports
``load posting'' criterion which reflects superstructure and
substructure condition ratings and is also a measure of potential
safety concern.
The need for load posting is an end result of applying
superstructure and substructure conditions, along with other factors,
in making load carrying capacity calculations. Changes in condition
ratings, and therefore, the load posting, are affected by a reduced
maintenance effort which eventually leads to continual and long-term
deterioration of bridge elements.
One of the SHAs further recommended that the FHWA incorporate
failure susceptibility as an indicator. Failure susceptibility is not
required nor normally assessed by States in the course of inspecting
bridges to meet national bridge inspection standards. As a result, the
FHWA believes it would be inappropriate to use failure susceptibility
as a nationwide criterion in the IM fund transfer policy, and has not
included it.
Finally, one SHA recommended that bridge railing adequacy should be
included in the decision factors. The FHWA considered including bridge
railing adequacy as indicated by NBI Item 36 in the early development
of policy criteria. The NBI Item 36 is a four segment item that rates
bridge railings for adequate impact strength, and approach guardrail
for adequate vehicle safety and protection.
The adequacy of bridge railings and approach guardrail is a serious
safety concern and should be considered in the States' maintenance
program as well as in developing highway safety projects.
Bridge Data Collection
The NBI ratings are determined in accordance with the ``Recording
and Coding Guide for the Structure Inventory and Appraisal of the
Nation's Bridges'' (Coding Guide) U.S. DOT/FHWA, December 1988.
Policy
For the purpose of 23 U.S.C. 119(f)(1), which provides for transfer
of State apportioned IM funds that are in excess of a State's need to
the State's NHS and STP apportionment, the FHWA will accept a State's
certification if the State's Interstate routes meet the following
criteria:
Pavement:
(1) An IRI of 200 cm per km (127 inches per mile) or less;
(2) Rutting of 15 mm (5/8 inch) or less on flexible pavements;
(3) Cumulative faulting of 525 mm per km (33 inches/mile) or
less on jointed rigid pavements; and
(4) Surfaces have adequate surface friction and drainage, based
on the State accidents record system not identifying any locations
with a high incidence of wet weather accidents.
Bridges:
(1) Bridge decks in ``fair condition'' or better (Coding Guide
item 58 rated 5 or better); and
(2) No load posting required (Coding Guide item 70 rated 5).
Safety Appurtenances:
Guardrail, bridge rails, safety barriers, and other safety
features including the upstream ends of all traffic barriers meet
(a) the performance criteria of 23 CFR 625, (b) acceptable use
warrants, and (c) installation requirements per State standard
plans.
Traffic Control Devices:
All major guide, regulatory, and warning signs meet the minimum
size, shape, color, format, and message requirements as well as the
day and night legibility and visibility requirements of the MUTCD
and amendments.
Geometric Elements:
(1) The horizontal and vertical alignment, and widths of median,
traveled way, and shoulders meet the AASHTO Interstate Standards, as
incorporated in 23 CFR 625, in effect either at the time of original
construction, major reconstruction, or inclusion into the Interstate
system, which ever was the latest; and
(2) Hazardous features (fixed objects, steep sideslopes, etc.)
within the clear zone are either eliminated, corrected, or
adequately shielded.
In the event that the condition, as reflected by current databases,
does not meet the required criteria, for any segment of Interstate, the
State's request for funding transfer may not be approved unless the
State certifies that the deficient segments have either been
subsequently upgraded to meet the required criteria or that the work
necessary to correct any such deficient segments is included in the
approved State Transportation Improvement Program, required by 23
U.S.C. 135(f).
Section 119(f)(2) of Title 23, U.S.C., allows the States to
transfer up to 20 percent of the apportioned IM funds to the NHS and
STP apportionment based solely on the request of the States.
(23 U.S.C. 119 and 315; 49 CFR 1.48(b))
Issued on: August 29, 1994.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 94-21757 Filed 9-1-94; 8:45 am]
BILLING CODE 4910-22-P
Complete official Federal Register PDF
FR Doc. 94-21750 Self-Regulatory Organizations; American Stock Exchange, Inc.; Order Approving Proposed Rule Change Relating to Specialist Participation in the After-Hours Trading Facility in Portfolio Depositary Receipts and Investment Trust Securities Based on Stock Indexes for a One-Year Pilot Period
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21750]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-34611; File No. SR-Amex-93-15]
Self-Regulatory Organizations; American Stock Exchange, Inc.;
Order Approving Proposed Rule Change Relating to Specialist
Participation in the After-Hours Trading Facility in Portfolio
Depositary Receipts and Investment Trust Securities Based on Stock
Indexes for a One-Year Pilot Period
August 29, 1994.
I. Introduction
On April 21, 1993, the American Stock Exchange, Inc. (``Amex'' or
``Exchange'') submitted to the Securities and Exchange Commission
(``Commission'' or ``SEC''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4
thereunder,\2\ a proposed change concerning its After-Hours Trading
(``AHT'') facility (File No. SR-Amex-93-15). As originally filed, the
proposed rule change requested permanent approval of Amex's pilot
After-Hours Trading facility and approval on a pilot basis for
specialists in investment trust securities based on stock indexes to
participate in the AHT Facility. On January 4, 1994, the Amex amended
the filing to request a three-month extension of the pilot until April
30, 1994, which the Commission approved.\3\ On May 2, 1994, the
Commission granted permanent approval to that portion of File No. SR-
Amex-93-15 concerning the Amex's After-Hours Trading facility, not
including the specialist participation request.\4\
\1\15 U.S.C. 78s(b)(1) (1988).
\2\17 CFR 240.19b-4 (1994).
\3\See Securities Exchange Act Release No. 33561 (February 1,
1994), 59 FR 5789 (February 8, 1994).
\4\See Securities Exchange Act Release No. 33993 (May 2, 1994),
59 FR 23902 (May 9, 1994).
On August 3, 1993, the Exchange amended the filing to request that
specialists in Portfolio Depository Receipts (``PDRs'') also be
permitted to participate in the AHT facility.\5\ On July 5, 1994, the
Exchange amended the proposed rule change to eliminate the migration of
limit orders for PDRs and investment trust securities from the
specialist's limit order book to the AHT facility.\6\
\5\See letter from William Floyd-Jones, Jr., Assistant General
Counsel, Amex, to Diana Luka-Hopson, SEC, dated August 3, 1993.
\6\See letter from William Floyd-Jones, Jr., Assistant General
Counsel, Amex, to Sandra Sciole, Special Counsel, SEC, dated July 1,
1994.
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The proposed rule change was published for comment in Securities
Exchange Act Release No. 34316 (July 5, 1994), 59 FR 35547 (July 12,
1994). No comments were received on the proposal. This order approves
the proposed rule change as amended for a one year period.
II. Description of the Proposal
The Exchange is amending Rules 1300 (``Applicability of 1300
Series'') and 1302 (``After-Hours Trading Orders'') for a one year
pilot period to permit specialists in PDRs and investment trust
securities listed pursuant to Section 118B of the Exchange's Listing
Guidelines\7\ to participate in the AHT facility to ``clean-up'' order
imbalances in the AHT facility by entering an order for the
specialist's account. For example, if there were single sided orders to
buy 10,000 and sell 20,000 SPDRs immediately prior to the 5:00 p.m.
close of the AHT facility, the specialist would be permitted under the
Exchange's proposed rule amendments to enter an order for its account
to buy up to 10,000 SPDRs in order to eliminate the sell side order
imbalance.
\7\The Exchange currently lists one Portfolio Depositary
Receipt, viz., Standard and Poor's Depositary Receipts (``SPDRs'');
and two investment trust securities pursuant to Section 118B of the
Exchange's Listing Guidelines: LOR Index Trust SuperUnits and LOR
Money Market SuperUnits.
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The Exchange is also amending Rule 1302(b) to eliminate the
migration of limit orders for PDRs and investment trust securities from
the specialist's limit order book to the AHT facility. Currently, Amex
Rule 1302(b) provides that a regular way good 'til cancelled order that
is designated as After-Hours eligible, that is on the specialist's
limit order book, and that is executable at the closing price or
better, shall migrate from the specialist's limit order book to the AHT
program. Any order for an account in which the specialist member
organization or any associated party has a direct or indirect interest
is prohibited from migrating to the AHT program. The rule is being
amended to provide that any order for a Portfolio Depositary Receipt or
an investment trust security listed on the Exchange pursuant to Section
118B of the Exchange's Listing Standards, Policies and Requirements
will not be permitted to migrate to the AHT program.
The Exchange is also amending Rule 1302 to permit specialists in
PDRs and investment trust securities to participate in a coupled
closing price order so long as the other side of the order is not for
an account in which a member or member organization has a direct or
indirect interest.\8\ For example, under the Exchange's amendment, the
specialist in SPDRs would be permitted to agree prior to the 4:15 close
of the regular trading session for such securities to take the other
side of a customer order to buy or sell SPDRs for execution in the AHT
facility as a closing price coupled order. The Exchange believes that
such a capability would conform the trading of PDRs and investment
trust securities to the practices of the ``basket'' market for equities
where it is customary for a dealer to agree prior to the close of the
regular trading session to take the contra side of a customer basket
order and the closing index value.
\8\As amended, Amex Rule 1300 (e)(i) defines ``closing price''
as the price established by the last regular way sale on the
Exchange prior to the official closing of the 9:30 a.m. to 4:15 p.m.
trading session, as determined by the Exchange.
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The Exchange believes that permitting specialists in PDRs and
investment trust securities to participate in the AHT facility in order
to ``clean-up'' order imbalances and effect closing price coupled
orders would benefit investors by providing additional liquidity to the
listed cash market for derivative securities based upon well known
market indexes, such as those described above. The market price of
these securities is based upon transactions largely effected in markets
other than the Amex. The Exchange states that the specialist in such
securities has no unique access to market sensitive information
regarding the market for the underlying securities or closing index
values. The Exchange, therefore, believes that specialist participation
in the AHT facility in PDRs and investment trust securities in the
manner described above does not raise any market integrity issues. In
addition, should a customer not care for an execution at the closing
price, the rules of the Exchange's AHT facility permit cancellation of
an order up to the close of the AHT session at 5:00 p.m. (orders in the
AHT facility are not executed until the 5:00 p.m. close of the after-
hours session.) A customer, therefore, will have approximately 40
minutes to determine if an execution at the closing price suits its
needs, and may cancel its order if it believes that the closing price
does not suit its objectives.
III. Discussion
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, with Sections 6(b)(5) and 11 of the Act.\9\ The Commission
believes that the rule change is consistent with the Section 6(b)(5)
requirements that the rules of an exchange be designed to promote just
and equitable principles of trade, remove impediments to and perfect
the mechanism of a free and open market, and, in general, protect
investors and the public interest. The Commission also believes that
the proposal is consistent with Section 11(b) of the Act and Rule 11b-1
thereunder,\10\ which allow exchanges to promulgate rules relating to
specialists in order to maintain fair and orderly markets.
\9\15 U.S.C. Sec. 78f and 78k (1988).
\10\17 CFR 240.11b-1 (1994).
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Both the Act and Exchange rules reflect the crucial role played by
specialists in providing stability, liquidity, and continuity in the
Exchange's market. Recognizing the importance of the specialist in the
market, the Act, as well as Exchange rules, impose stringent
obligations upon specialists.\11\ Primary among these obligations is
the requirement to maintain fair and orderly markets by engaging in,
among other things, dealings for their own account to minimize the
effects of temporary disparity between supply and demand.\12\
\11\See Rule 11b-1 under the Act, 17 CFR 240.11b-1 (1994); Amex
Rule 170.
\12\See Amex Rule 170(d).
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The Commission believes that the rule change permitting specialists
in PDRs and investment trust securities listed pursuant to Section 118B
to participate in the AHT facility by entering an order for the
specialist's account only to eliminate order imbalances should assist
specialists in their obligation to minimize temporary disparity between
supply and demand. In addition, the Commission agrees with the Exchange
that permitting specialists in PDRs and investment trust securities to
participate in the AHT facility in order to ``clean-up'' order
imbalances and effect closing price coupled orders would benefit
investors by providing additional liquidity to the listed cash market
for derivative securities based upon well known market indexes.
The Commission also believes that the Amex's rule change strikes a
reasonable balance between the Exchange's need to accommodate the needs
of investors by increasing liquidity in the listed cash market for
derivative securities based on market indexes, and the need to prevent
the potential for manipulation or misuse of information. For example,
although Amex specialists will know which limit order are eligible for
execution in the AHT facility, they will not be able to use this
information to their own advantage because Rule 1302(b) is being
amended to eliminate the migration of limit orders for PDRs and
investment trust securities from the specialist's limit order book to
the AHT facility.
In addition, the Commission believes that approval of the Amex rule
change for a one year pilot period will provide the Commission and
Exchange an opportunity to monitor the operation of the amendments to
Rules 1300 and 1302. This one year period also will allow the
Commission and the Exchange the opportunity to monitor specialist
compliance with the amended rules to ensure that specialists are
properly executing their responsibilities.
Finally, in its rule filing, the Amex indicated that, during the
one year pilot period, the Exchange would study the operation of the
facility to determine if there are any additional issues that need to
be addressed. In this regard, the Commission requests that the Exchange
submit a report and analysis, by May 1, 1995, of the following
information (broken down by month): (1) trading volume (trades and
number of shares of PDRs and investment trust securities) in the after-
hours session; (2) the number of trades, if any, of (a) single-sided
orders, and (b) coupled buy and sell orders which specialists executed
in the after-hours session; (3) the number of shares, if any, of (a)
single-sided orders, and (b) coupled buy and sell orders which
specialists executed in the after-hours session; and (4) the number, if
any, of single-sided orders that remained unexecuted at the end of the
after-hours session. In addition, the Commission expects the Amex,
through use of its surveillance procedures, to monitor closely the
trading of PDRs and investment trust securities in the AHT facility to
ensure that trading in these issues is not subject to any patterns of
manipulation or trading abuses or unusual trading activity. Finally,
the Commission requests that the Amex keep the Commission apprised of
any technical problems which may arise regarding the operation of the
pilot program.
It is therefore ordered, Pursuant to Section 19(b)(2) of the
Act\13\ that the proposed rule change (SR-Amex-93-15) is hereby
approved for a one year period until August 29, 1995.
\13\15 U.S.C. 78s(b)(2) (1988).
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For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
\14\17 CFR 200.30-3(a)(12) (1994).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-21750 Filed 9-1-94; 8:45 am]
BILLING CODE 8010-01-M
Complete official Federal Register PDF
FR Doc. 94-21749 Finding of No Significant Impact and Environmental Assessment for Disposal and Reuse of Tacony Warehouse, Philadelphia, PA
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21749]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF DEFENSE
Department of the Army
Finding of No Significant Impact and Environmental Assessment for
Disposal and Reuse of Tacony Warehouse, Philadelphia, PA
AGENCY: Department of the Army, DoD.
ACTION: Finding of no significant impact.
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SUMMARY: The proposed action analyzed by this document is the disposal
and reuse of the Tacony Warehouse facility, Philadelphia, Pennsylvania
as required by the Defense Authorization Amendments and the Base
Closure and Realignment Act (Pub. L. 100-526). The Army will dispose of
an approximately 14 acre parcel of land with improvements. The Fort Dix
Directorate of Public Works has been maintaining the facility since
closure in September 1992.
The alternatives are expressed in terms of Army imposed conditions
for real estate disposal. An ``Unencumbered Alternative'' represents
the ability to turn over the property with no Army imposed conditions.
An ``Encumbered Alternative'' deals with property transferred with
conditions imposed by the Army. This may be due to mitigation required
by another regulatory agency or may be required to protect Army
interests. Council on Environmental Quality and Army regulations
implementing the National Environmental Protection Act require a no-
action alternative as a benchmark against which proposed actions are
evaluated. For this document, this is the ``Caretaker'' alternative.
The ``Unencumbered Alternative'', the ``Encumbered Alternative'',
and the ``No Action Alternative'' (Caretaker) have been addressed in
the Environmental Assessment (EA). In the ``Unencumbered Alternative'',
the facility will be available for reuse under a range of projected
levels of reuse. Those projected levels of reuse are: High Intensity
Use, Medium Intensity Use, Low Intensity Use and Open Space.
High Intensity Use is defined when all of the property is offered
for sale for a light industrial/commercial reuse. There would be
renovation of existing structures to house a light industrial/
commercial enterprise. Some construction activities, including building
office and showroom space, will be performed within existing
structures.
Medium Intensity Use is when all of the property is used as a
regional distribution center. The facility's area of distribution will
be the Mid-Atlantic States region. There will be renovations of
existing structures and renovation of the rail lines entering the site.
Low Intensity use would occur if all of the property is sold or
transferred for reuse as warehouse. An example of Open Space is when
the remainder of the parcel will be transferred to the city for use as
an outdoor recreation area.
Land use in the ``Encumbered Alternative'' is similar to ``Low
Intensity Use'' addressed in the ``Unencumbered Alternative.'' The
identified encumbrance is associated with groundwater remediation
activities and will restrict use of groundwater for human ingestion or
industrial purposes. Additionally, the 0.9 acre parcel adjacent to the
state owned boat ramp will be transferred to the Pennsylvania Fishing
Commission as part of the boat ramp parking and picnic area. In the no
action alternative, also known as the ``Caretaker'' alternative, the
Army will retain and close the facility. The structures will be allowed
to stand, with minimum maintenance activity conducted at the facility.
The disposal of Tacony Warehouse would not result in significant
environmental or socioeconomic impacts. The transfer of 0.9 acres to
the Pennsylvania Fishing Commission will have no impact on the
environment since the activities and conditions at the 0.9 acre site
will not change as a result of the transfer.
Army Environmental Center studies have identified the extent of
contamination at the site. A remediation plan was prepared and
coordinated with the Environmental Protection Agency and the
Pennsylvania Department of Environmental Resources. The following
remediation has been planned: Removal of underground storage tanks and
above ground storage tanks; replacement of polychlorinated biphenyl
contaminated transformers; asbestos removal and management; steam
cleaning of contaminated building surfaces; contaminated soil and
sediment removal; and groundwater collection and monitoring. Since the
structures on the property were constructed prior to 1978, the
potential for lead based paints exist. The Army does not plan to remove
any lead based paint.
Reuse of the property will have potential impacts to air quality,
water quality, soils, and hazardous and toxic materials. The extent of
these impacts will be dependent on: (1) The extent of renovation,
demolition, and construction activities; and (2) the products produced
and stored at the facility. High intensity reuse and Open Space reuse,
addressed in the ``Unencumbered Alternative'', will have the greatest
impacts on these resources. Best management techniques will lessen the
impacts of construction and renovation. Prior to and during operations,
consultation will occur with environmental resource agencies, as
required, to ensure compliance with all federal, state, and local
regulations and guidelines.
Increases to the facility's utility usage and the surrounding
traffic patterns as a result of reuse will not pose a significant
impact to the surrounding community. No plant and animal ecologies
exist on the property. No cultural resources exist on the site to be
affected by reuse. The State Historic Preservation Office has concurred
with the Army's determination that no historic properties exist on the
site. Since the disposal of Tacony Warehouse does not constitute a
major federal action significantly affecting the human environment, an
Environmental Impact Statement will not be prepared.
DATES: Comments must be received on or before October 3, 1994.
ADDRESSES: Persons wishing to comment may obtain a copy of the EA or
inquire regarding this Finding of No Significant Impact by writing to
the U.S. Army Corps of Engineers, ATTN: Mr. Larry D. Eastman, Planning
Division, P.O. Box 1715, Baltimore, Maryland 21203-1715.
FOR FURTHER INFORMATION: Questions regarding this FNSI may be directed
to the U.S. Army Corps of Engineers, ATTN: Mr. Larry D. Eastman, at
(410) 962-3208.
Dated: August 29, 1994.
Lewis D. Walker,
Assistant Secretary of the Army, (Environment, Safety and Occupational
Health) OASA (IL&E).
[FR Doc. 94-21749 Filed 9-1-94; 8:45 am]
BILLING CODE 3710-08-M
Complete official Federal Register PDF
FR Doc. 94-21748 Current List of Laboratories Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies and Laboratories that Have Withdrawn From the Program
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21748]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Substance Abuse and Mental Health Services Administration
Current List of Laboratories Which Meet Minimum Standards To
Engage in Urine Drug Testing for Federal Agencies and Laboratories that
Have Withdrawn From the Program
AGENCY: Substance Abuse and Mental Health Services Administration, HHS
(Formerly: National Institute on Drug Abuse, ADAMHA, HHS).
ACTION: Notice.
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SUMMARY: The Department of Health and Human Services notifies Federal
agencies of the laboratories currently certified to meet standards of
Subpart C of Mandatory Guidelines for Federal Workplace Drug Testing
Programs (59 FR 29916, 29925). A similar notice listing all currently
certified laboratories will be published during the first week of each
month, and updated to include laboratories which subsequently apply for
and complete the certification process. If any listed laboratory's
certification is totally suspended or revoked, the laboratory will be
omitted from updated lists until such time as it is restored to full
certification under the Guidelines.
If any laboratory has withdrawn from the National Laboratory
Certification Program during the past month, it will be identified as
such at the end of the current list of certified laboratories, and will
be omitted from the monthly listing thereafter.
FOR FURTHER INFORMATION CONTACT: Mrs. Giselle Hersh, Division of
Workplace Programs, Room 13A-54, 5600 Fishers Lane, Rockville, Maryland
20857; Tel.: (301) 443-6014.
SUPPLEMENTARY INFORMATION: Mandatory Guidelines for Federal Workplace
Drug Testing were developed in accordance with Executive Order 12564
and section 503 of Public Law 100-71. Subpart C of the Guidelines,
``Certification of Laboratories Engaged in Urine Drug Testing for
Federal Agencies,'' sets strict standards which laboratories must meet
in order to conduct urine drug testing for Federal agencies. To become
certified, an applicant laboratory must undergo three rounds of
performance testing plus an on-site inspection. To maintain that
certification a laboratory must participate in a quarterly performance
testing program plus periodic, on-site inspections.
Laboratories which claim to be in the applicant stage of
certification are not to be considered as meeting the minimum
requirements expressed in the HHS Guidelines. A laboratory must have
its letter of certification from SAMHSA, HHS (formerly: HHS/NIDA) which
attests that it has met minimum standards.
In accordance with Subpart C of the Guidelines, the following
laboratories meet the minimum standards set forth in the Guidelines:
Aegis Analytical Laboratories, Inc., 624 Grassmere Park Rd., Suite 21,
Nashville, TN 37211, 615-331-5300
Alabama Reference Laboratories, Inc., 543 South Hull St., Montgomery,
AL 36103, 800-541-4931/205-263-5745
Allied Clinical Laboratories, 201 Plaza Boulevard, Hurst, TX 76053,
817-282-2257
American Medical Laboratories, Inc., 14225 Newbrook Dr., Chantilly, VA
22021, 703-802-6900
Associated Pathologists Laboratories, Inc., 4230 South Burnham Ave.,
Suite 250, Las Vegas, NV 89119-5412, 702-733-7866
Associated Regional and University Pathologists, Inc. (ARUP), 500
Chipeta Way, Salt Lake City, UT 84108, 801-583-2787
Baptist Medical Center--Toxicology Laboratory, 9601 I-630, Exit 7,
Little Rock, AR 72205-7299, 501-227-2783 (formerly: Forensic Toxicology
Laboratory Baptist Medical Center)
Bayshore Clinical Laboratory, 4555 W. Schroeder Dr., Brown Deer, WI
53223, 414-355-4444/800-877-7016
Bioran Medical Laboratory, 415 Massachusetts Ave., Cambridge, MA 02139,
617-547-8900
Cedars Medical Center, Department of Pathology, 1400 Northwest 12th
Ave., Miami, FL 33136, 305-325-5810
Center for Laboratory Services, a Division of LabOne, Inc., 8915 Lenexa
Dr., Overland Park, Kansas 66214, 913-888-3927
Centinela Hospital Airport Toxicology Laboratory, 9601 S. Sepulveda
Blvd., Los Angeles, CA 90045, 310-215-6020
Clinical Reference Lab, 11850 West 85th St., Lenexa, KS 66214, 800-445-
6917
Cox Medical Centers, Department of Toxicology, 1423 North Jefferson
Ave., Springfield, MO 65802, 800-876-3652/417-836-3093
CPF MetPath Laboratories, 21007 Southgate Park Blvd., Cleveland, OH
44137-3054 (Outside OH) 800-338-0166/(Inside OH) 800-362-8913
(formerly: Southgate Medical Laboratory; Southgate Medical Services,
Inc.)
Damon/MetPath, 8300 Esters Blvd., Suite 900, Irving, TX 75063, 214-929-
0535 (formerly: Damon Clinical Laboratories)
Dept. of the Navy, Navy Drug Screening Laboratory, Great Lakes, IL,
Building 38-H, Great Lakes, IL 60088-5223, 708-688-2045/708-688-4171
Dept. of the Navy, Navy Drug Screening Laboratory, Norfolk, VA, 1321
Gilbert St., Norfolk, VA 23511-2597, 804-444-8089 ext. 317
Doctors Laboratory, Inc., P.O. Box 2658, 2906 Julia Dr., Valdosta, GA
31604, 912-244-4468
Drug Labs of Texas, 15201 I-10 East, Suite 125, Channelview, TX 77530,
713-457-3784
DrugProof, Division of Laboratory of Pathology of Seattle, Inc., 1229
Madison St., Suite 500, Nordstrom Medical Tower, Seattle, WA 98104,
800-898-0180/206-386-2672 (formerly: Laboratory of Pathology of
Seattle, Inc.)
DrugScan, Inc., P.O. Box 2969, 1119 Mearns Rd., Warminster, PA 18974,
215-674-9310
Eagle Forensic Laboratory, Inc., 950 N. Federal Highway, Suite 308,
Pompano Beach, FL 33062, 305-946-4324
ElSohly Laboratories, Inc., 5 Industrial Park Dr., Oxford, MS 38655,
601-236-2609, (moved 6/16/93)
EXPRESSLAB, INC., 405 Alderson St., Schofield, WI 54476, 800-627-8200,
(formerly: Alpha Medical Laboratory, Inc., Employee Health Assurance
Group)
General Medical Laboratories, 36 South Brooks St., Madison, WI 53715,
608-267-6267
Harrison Laboratories, Inc., 9930 W. Highway 80, Midland, TX 79706,
800-725-3784/915-563-3300, (formerly: Harrison & Associates Forensic
Laboratories)
HealthCare/MetPath, 24451 Telegraph Rd., Southfield, MI 48034, Inside
MI: 800-328-4142 / Outside MI: 800-225-9414, (formerly: HealthCare/
Preferred Laboratories)
Jewish Hospital of Cincinnati, Inc., 3200 Burnet Ave., Cincinnati, OH
45229, 513-569-2051
Laboratory Specialists, Inc., 113 Jarrell Dr., Belle Chasse, LA 70037,
504-392-7961
Marshfield Laboratories, 1000 North Oak Ave., Marshfield, WI 54449,
715-389-3734/800-222-5835
Maryland Medical MetPath, 1901 Sulphur Spring Rd., Baltimore, MD 21227,
410-536-1485, (formerly: Maryland Medical Laboratory, Inc., National
Center for Forensic Science)
Med-Chek/Damon, 4900 Perry Hwy., Pittsburgh, PA 15229, 412-931-7200,
(formerly: Med-Chek Laboratories, Inc.)
MedExpress/National Laboratory Center, 4022 Willow Lake Blvd., Memphis,
TN 38175, 901-795-1515
Medical College Hospitals Toxicology Laboratory, Department of
Pathology, 3000 Arlington Ave., Toledo, OH 43699-0008, 419-381-5213
Medical Science Laboratories, 11020 W. Plank Court, Wauwatosa, WI
53226, 414-476-3400
MedTox Laboratories, Inc., 402 W. County Rd. D, St. Paul, MN 55112,
800-832-3244/612-636-7466
Methodist Hospital of Indiana, Inc., Department of Pathology and
Laboratory Medicine, 1701 N. Senate Blvd., Indianapolis, IN 46202, 317-
929-3587
Methodist Medical Center Toxicology Laboratory, 221 N.E. Glen Oak Ave.,
Peoria, IL 61636, 800-752-1835/309-671-5199
MetPath, Inc., 1355 Mittel Blvd., Wood Dale, IL 60191, 708-595-3888
MetPath, Inc., One Malcolm Ave., Teterboro, NJ 07608, 201-393-5000
Metropolitan Reference Laboratories, Inc., 2320 Schuetz Rd., St. Louis,
MO 63146, 800-288-7293
National Drug Assessment Corporation, 5419 South Western, Oklahoma
City, OK 73109, 800-749-3784, (formerly: Med Arts Lab)
National Health Laboratories Incorporated, 2540 Empire Dr., Winston-
Salem, NC 27103-6710, Outside NC: 919-760-4620/800-334-8627 / Inside
NC: 800-642-0894
National Health Laboratories Incorporated, d.b.a. National Reference
Laboratory, Substance Abuse Division, 1400 Donelson Pike, suite A-15,
Nashville, TN 37217, 615-360-3992/800-800-4522
National Health Laboratories Incorporated, 13900 Park Center Rd.,
Herndon, VA 22071, 703-742-3100
National Psychopharmacology Laboratory, Inc., 9320 Park W. Blvd.,
Knoxville, TN 37923, 800-251-9492
National Toxicology Laboratories, Inc., 1100 California Ave.,
Bakersfield, CA 93304, 805-322-4250
Nichols Institute Substance Abuse Testing (NISAT), 7470-A Mission
Valley Rd., San Diego, CA 92108-4406, 800-446-4728/619-686-3200,
(formerly: Nichols Institute)
Northwest Toxicology, Inc., 1141 E. 3900 South, Salt Lake City, UT
84124, 800-322-3361
Occupational Toxicology Laboratories, Inc., 2002 20th St., suite 204A,
Kenner, LA 70062, 504-465-0751
Oregon Medical Laboratories, P.O. Box 972, 722 East 11th Ave., Eugene,
OR 97440-0972, 503-687-2134
Pathology Associates Medical Laboratories, East 11604 Indiana, Spokane,
WA 99206, 509-926-2400
PDLA, Inc. (Princeton), 100 Corporate Court, So. Plainfield, NJ 07080,
908-769-8500/800-237-7352
PharmChem Laboratories, Inc., 1505-A O'Brien Dr., Menlo Park, CA 94025,
415-328-6200/800-446-5177
PharmChem Laboratories, Inc., Texas Division, 7606 Pebble Dr., Fort
Worth, TX 76118, 817-595-0294, (formerly: Harris Medical Laboratory)
Physicians Reference Laboratory, 7800 West 110th St., Overland Park, KS
66210, 913-338-4070/800-821-3627, (formerly: Physicians Reference
Laboratory Toxicology Laboratory)
Poisonlab, Inc., 7272 Clairemont Mesa Rd., San Diego, CA 92111, 619-
279-2600/800-882-7272
Puckett Laboratory, 4200 Mamie St., Hattiesburgh, MS 39402, 601-264-
3856/800-844-8378
Regional Toxicology Services, 15305 N.E. 40th St., Redmond, WA 98052,
206-882-3400
Roche Biomedical Laboratories, Inc., 1120 Stateline Rd., Southaven, MS
38671, 601-342-1286
Roche Biomedical Laboratories, Inc., 69 First Ave., Raritan, NJ 08869,
800-437-4986
Roche CompuChem Laboratories, Inc., A Member of the Roche Group, 3308
Chapel Hill/Nelson Hwy., Research Triangle Park, NC 27709, 919-549-
8263/800-833-3984, (Formerly: CompuChem Laboratories, Inc., A
Subsidiary of Roche Biomedical Laboratory)
Roche CompuChem Laboratories, Inc.,, Special Division, A Member of the
Roche Group, 3308 Chapel Hill/Nelson Hwy., Research Triangle Park, NC
27709, 919-549-8263, (Formerly: CompuChem Laboratories, Inc.--Special
Division)
Scientific Testing Laboratories, Inc., 463 Southlake Blvd., Richmond,
VA 23236, 804-378-9130
Scott & White Drug Testing Laboratory, 600 S. 25th St., Temple, TX
76504, 800-749-3788
S.E.D. Medical Laboratories, 500 Walter NE, suite 500, Albuquerque, NM
87102, 505-848-8800
Sierra Nevada Laboratories, Inc., 888 Willow St., Reno, NV 89502, 800-
648-5472
SmithKline Beecham Clinical Laboratories, 7600 Tyrone Ave., Van Nuys,
CA 91045, 818-376-2520
SmithKline Beecham Clinical Laboratories, 801 East Dixie Ave.,
Leesburg, FL 32748, 904-787-9006, (formerly: Doctors & Physicians
Laboratory)
SmithKline Beecham Clinical Laboratories, 3175 Presidential Dr.,
Atlanta, GA 30340, 404-934-9205, (formerly: SmithKline Bio-Science
Laboratories)
SmithKline Beecham Clinical Laboratories, 506 E. State Pkwy.,
Schaumburg, IL 60173, 708-885-2010, (formerly: International Toxicology
Laboratories)
SmithKline Beecham Clinical Laboratories, 400 Egypt Rd., Norristown, PA
19403, 800-523-5447, (formerly: SmithKline Bio-Science Laboratories)
SmithKline Beecham Clinical Laboratories, 8000 Sovereign Row, Dallas,
TX 75247, 214-638-1301, (formerly: SmithKline Bio-Science Laboratories)
South Bend Medical Foundation, Inc., 530 N. Lafayette Blvd., South
Bend, IN 46601, 219-234-4176
Southwest Laboratories, 2727 W. Baseline Rd., Suite 6, Tempe, AZ 85283,
602-438-8507
St. Anthony Hospital (Toxicology Laboratory), P.O. Box 205, 1000 N. Lee
St., Oklahoma City, OK 73102, 405-272-7052
St. Louis University Forensic Toxicology Laboratory, 1205 Carr Lane,
St. Louis, MO 63104, 314-577-8628
Toxicology & Drug Monitoring Laboratory, University of Missouri
Hospital & Clinics, 301 Business Loop 70 West, Suite 208, Columbia, MO
65203, 314-882-1273
Toxicology Testing Service, Inc., 5426 N.W. 79th Ave., Miami, FL 33166,
305-593-2260
TOXWORX Laboratories, Inc., 6160 Variel Ave., Woodland Hills, CA 91367,
818-226-4373, (formerly: Laboratory Specialists, Inc.; Abused Drug
Laboratories; MedTox Bio-Analytical, a Division of MedTox Laboratories,
Inc.)
UNILAB, 18408 Oxnard St., Tarzana, CA 91356, 800-492-0800/818-343-8191,
(formerly: MetWest-BPL Toxicology Laboratory)
The following laboratory withdrew from the Program on August 19:
National Health Laboratories Incorporated, 5601 Oberlin Dr., Suite 100,
San Diego, CA 92121, 619-455-1221
Richard Kopanda,
Acting Executive Officer, Substance Abuse and Mental Health Services
Administration.
[FR Doc. 94-21748 Filed 9-1-94; 8:45 am]
BILLING CODE 4160-20-P
Complete official Federal Register PDF
FR Doc. 94-21747 Agricultural Biotechnology Research Advisory Committee Working Group on Aquatic Biotechnology and Environmental Safety
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
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[FR Doc No: 94-21747]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 59, No. 170 / Friday, September 2, 1994 /
Notices
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Agricultural Biotechnology Research Advisory Committee Working
Group on Aquatic Biotechnology and Environmental Safety
In accordance with the Federal Advisory Committee Act of October
1972 (Pub. L. No. 92-463, 86 Stat. 770-776), the U.S. Department of
Agriculture (USDA), Science and Education, announces the following
meeting of a working group of the Agricultural Biotechnology Research
Advisory Committee (ABRAC):
The ABRAC Working Group on Aquatic Biotechnology and Environmental
Safety will meet in Room 108-A, USDA Administration Building, 14th
Street and Independence Avenue SW., Washington, DC 20250, on September
28, 1994 from 9:00 a.m. to approximately 5:00 p.m. The Working Group
will discuss the ongoing development of performance standards for
research with genetically modified fish and shellfish.
The meeting of the working group is open to the public. Persons may
participate in the meeting as time and space permit.
Further information may be obtained from Ms. Maryln Cordle, Senior
Regulatory Specialist, Office of Agricultural Biotechnology, room 1001,
Rosslyn Plaza E, 14th Street and Independence Avenue SW., Washington,
DC 20250, telephone (703) 235-4419.
Done at Washington, DC, this 19th day of August 1994.
R.D. Plowman,
Acting Assistance Secretary, Science and Education.
[FR Doc. 94-21747 Filed 9-1-94; 8:45 am]
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Complete official Federal Register PDF
FR Doc. 94-21746 Open Meeting, Board of Visitors for the National Fire Academy
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
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[FR Doc No: 94-21746]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
Open Meeting, Board of Visitors for the National Fire Academy
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Notice of open meeting.
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SUMMARY: In accordance with section 10(a)(2) of the Federal Advisory
Committee Act, 5 U.S.C. App. 2, FEMA announces the following committee
meeting.
Name: Board of Visitors for the National Fire Academy.
Dates of Meeting: October 13-16, 1994.
Place: Building G Conference Room, National Emergency Training
Center, Emmitsburg, Maryland.
Time: October 13, 1994, 1:30 p.m.-5:00 p.m.; October 14, 1994,
8:30 a.m.-9:00 p.m.; October 15, 1994, 8:30 a.m.-5:00 p.m.; October
16, 1994, 9:00 a.m.-2:00 p.m.
Proposed Agenda: October 13--Election of officers. October 14--
Annual Report completion. October 15--Agenda completion. October
16--Attend National Fallen Firefighters Memorial Services.
Supplementary Information: The meeting will be open to the
public with seating available on a first-come, first-served basis.
Members of the general public who plan to attend the meeting should
contact the Office of the Superintendent, National Fire Academy,
U.S. Fire Administration, 16825 South Seton Avenue, Emmitsburg, MD
21727, (301) 447-1117, on or before October 3, 1994.
Minutes of the meeting will be prepared and will be available
for public viewing in the Office of the Administrator, U.S. Fire
Administration, Federal Emergency Management Agency, Emmitsburg, MD
21727. Copies of the minutes will be available upon request 30 days
after the meeting.
Dated: August 17, 1994.
Carrye B. Brown,
U.S. Fire Administrator.
[FR Doc. 94-21746 Filed 9-1-94; 8:45 am]
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Complete official Federal Register PDF
FR Doc. 94-21745 Open Meeting, Solicitation of Comments on the National Mitigation Strategy
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
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[FR Doc No: 94-21745]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
Open Meeting, Solicitation of Comments on the National Mitigation
Strategy
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Notice of open meeting.
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SUMMARY: In accordance with Administrative Procedures Act, 5 U.S.C.
552b, FEMA announces the following meetings:
Name: National Mitigation Strategy Forums.
Dates of Meetings: September 7, 8, and 14, 1994.
Place:
September 7, 1994: Harrisburg, Pennsylvania, Penn State
University, Student Center--Capitol Union Building
September 8, 1994: New Brunswick, New Jersey, Rutgers
University, Labor Education Conference Center
September 14, 1994: Atlanta, Georgia, The Carter Center at Emory
University
Time:
September 7, 1994 9:00 a.m.-noon
September 8, 1994 1:30 p.m.-4:30 p.m.
September 14, 1994 9:00 a.m.-noon
Proposed Agenda: FEMA staff will make a presentation on the
National Mitigation Strategy and will solicit comments and questions
from the attendees.
Supplementary Information: In addition to the invitees, the
meeting will be open to the public with approximately 10 seats
available on a first-come, first-served basis. Members of the
general public who plan to attend the meeting should contact FEMA
before September 1, by telephoning Mary Taylor on (202) 646-3079 or
writing: Mary Taylor, Federal Emergency Management Agency, 500 C
Street SW., Room 417, Washington, DC 20472.
A transcript of the meeting will be prepared and will be
available for public viewing at Federal Emergency Management Agency,
Mitigation Directorate, 500 C Street SW., Room 417, Washington, DC
20472.
Dated: August 25, 1994.
Robert Volland,
Acting Associate Director for Mitigation.
[FR Doc. 94-21745 Filed 9-1-94; 8:45 am]
BILLING CODE 6718-01-P
Complete official Federal Register PDF
FR Doc. 94-21743 Agency Forms Submitted to the Office of Management and Budget for Clearance
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
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[FR Doc No: 94-21743]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Service
Agency Forms Submitted to the Office of Management and Budget for
Clearance
Each Friday the Public Health Service (PHS) publishes a list of
information collection requests it has submitted to the Office of
Management and Budget (OMB) for clearance in compliance with the
Paperwork Reduction Act (44 U.S.C. Chapter 35). The following requests
have been submitted to OMB since the list was last published on Friday,
August 19, 1994.
(Call PHS Reports Clearance Officer on 202-690-7100 for copies of
request.)
1. Health Education Assistance Loan (HEAL) Program--Loan
Application Form--0915-0038 (Revision)--The application is needed for
students to apply for HEAL loans. Schools use the application to
determine a student's eligibility and maximum approval amount of each
loan. Lenders use the application to determine student eligibility and
the amount of the installment or disbursement to be given to the
borrower.
------------------------------------------------------------------------
No. of
No. of responses Average
Title respondents per burden per
respondent response
------------------------------------------------------------------------
HEAL Application Form--Applicant 31,000 1 .42 hr.
Reporting.
HEAL Application Form--School 293 105.8 .53 hr.
Reporting.
HEAL Application Form--Lenders 13 2384.6 .58 hr.
Reporting.
------------------------------------------------------------------------
Estimated Total Annual Burden--47,533 hours
2. Survey of Kidney Transplant Centers Regarding Living-Related
Donatins--0915-0173 (Reinstatement)--This is a request for
reinstatement of OMB approval of a survey of kidney transplant centers
to identify institutional factors influencing rates of kidney donation
by relatives. Award of the survey contract was delayed. Respondents:
Businesses or other for-profit, non-profit institutions, Small
businesses or organizations; Number of Respondents: 900; Number of
Responses per Respondent: 1; Average Burden per Response: .29 hour;
Estimated Annual Burden: 260 hours.
3. A Survey of Geographic Influences on Women's Health--New--Marked
geographic differences in cancer mortality, notably breast cancer, have
long been recognized. Reasons for these differences are unknown, but
may include regional differences in the prevalence of established risk
factors (e.g. age at first birth) and hypothesized environmental
factors (e.g., pesticides). This project is designed to evaluate the
contribution of these factors to observed geographic patterns of
mortality in women. Respondents: Individuals or households; Number of
Respondents: 11,256; Number of Responses per Respondent: 1.28; Average
Burden per Response: 1.1 hours; Estimated Annual Burden: 1,475 hours.
4. Evaluation of Model Programs Targeting Substance Abusing
Pregnant Women and Postpartum Women and Their Infants--New--Data will
be collected from clients, comparison group women, and staff on
interventions received and maternal and child outcomes as part of an
evaluation of 13 CSAP-funded model projects serving substance-abusing
pregnant and postpartum women and their infants. This evaluation will
assist CSAP in accomplishing 52 national health objectives related to
maternal and child health, especially those directly related to
maternal substance abuse and its potential effects on birth outcomes
and child development. Respondents: Individuals or households, State or
local governments, Businesses or other for-profit, Non-profit
institutions; Number of Respondents: 1,889; Number of Responses per
Respondent: 4.77; Average Burden per Response: .24 hour; Estimated
Annual Burden: 2,160 hours.
5. Second NHLBI Telephone Survey of a National Sample of Physicians
Who Treat Children--New--NHLBI will conduct a nationwide telephone
survey of physicians treating children regarding their attitudes,
knowledge and practices in the management of coronary heart disease
(CHD) risk factors in children. The data will be used to identify areas
for professional education and information dissemination to improve
management of CHD risk factors in children. The previous survey was
conducted in 1987-88. Respondents: Individuals or households,
Businesses or other for-profit; Number of Respondents: 6,306; Number of
Responses Per Respondent: 1; Average Burden Per Response: .1614 hour;
Estimated Annual Burden: 1,018 hours.
Written comments and recommendations concerning the proposed
information collections should be sent within 30 days of this notice
directly to the OMB Desk Officer designated below at the following
address: Shannah Koss, Human Resources and Housing Branch, New
Executive Office Building, Room 10235, Washington, DC 20503.
Dated: August 29, 1994.
James Scanlon,
Director, Division of Data Policy, Office of Health Planning and
Evaluation.
[FR Doc. 94-21743 Filed 9-1-94; 8:45 am]
BILLING CODE 4160-17-M
Complete official Federal Register PDF
FR Doc. 94-21742 Findings of Scientific Misconduct
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
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[FR Doc No: 94-21742]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Findings of Scientific Misconduct
AGENCY: Office of the Secretary, HHS.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Office of Research Integrity
(ORI) has made final findings of scientific misconduct in the following
case:
Pantelis Constantoulakis, Advanced BioScience Laboratories, Inc.:
The Division of Research Investigations (DRI) of the Office of Research
Integrity (ORI) reviewed an investigation conducted by Advanced
BioScience Laboratories (ABL) into possible scientific misconduct on
the part of Mr. Constantoulakis while an employee of ABL at the
Frederick Cancer Research and Development Center. ORI concurred with
the factual findings as set forth in the ABL report, and finds that Mr.
Constantoulakis committed scientific misconduct by falsifying and
fabricating data in biomedical research supported by a contract with
the National Cancer Institute and by misrepresenting his academic
credentials for purposes of his employment under the contract. Mr.
Constantoulakis accepted the misconduct finding and agreed to a
Voluntary Exclusion and Settlement Agreement under which Mr.
Constantoulakis will not apply for Federal grant or contract funds and
will not serve on PHS advisory committees, boards, or peer review
groups for a five-year period beginning August 2, 1994.
One published paper (Science: 259:1314-1318) which contained data
that was not reproducible has been retracted (Science: 264:492).
FOR FURTHER INFORMATION CONTACT:
Director, Division of Research Investigations, Office of Research
Integrity, 301-443-5330.
Lyle W. Bivens,
Director, Office of Research Integrity.
[FR Doc. 94-21742 Filed 9-1-94; 8:45 am]
BILLING CODE 4160-17-M
Complete official Federal Register PDF
FR Doc. 94-21741 Cooperative Agreement Announcement; Discretionary Cooperative Agreement To Foster the Development, Evaluation, and Deployment of a Heavy Vehicle Intelligent Commercial Vehicle Communication and Powering Enhancement System(s)
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
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[FR Doc No: 94-21741]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Cooperative Agreement Announcement; Discretionary Cooperative
Agreement To Foster the Development, Evaluation, and Deployment of a
Heavy Vehicle Intelligent Commercial Vehicle Communication and Powering
Enhancement System(s)
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice.
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SUMMARY: NHTSA announces this discretionary cooperative agreement
program to foster the development, evaluation, and deployment of a
heavy vehicle intelligent communication and powering enhancement
system(s) and solicits applications for projects under this program.
DATES: Applications must be received on or before October 15, 1994.
ADDRESSES: Applications must be submitted to the National Highway
Traffic Safety Administration, Office of Contracts and Procurement
(NAD-30), ATTN: Henrietta Mosley, 400 Seventh Street SW., room 5301,
Washington, DC 20590. All applications submitted must include a
reference to NHTSA Cooperative Agreement Program No. DTNH22-95-R-07001.
Interested applicants are advised that no separate application package
exists beyond the contents of this announcement.
FOR FURTHER INFORMATION CONTACT:
Henrietta Mosley, Office of Contracts and Procurement, at (202) 366-
9570, for general administrative questions; and C.J. Britell, Office of
Crash Avoidance Research (NRD-53), (202) 366-5678 for programmatic
questions; at the National Highway Traffic Safety Administration, 400
Seventh Street SW., room 6220, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Background
NHTSA has the responsibility to devise strategies to reduce the
number of motor vehicle collisions and to save lives and reduce
injuries and property damage through the prevention and reduction in
severity of motor vehicle collisions. NHTSA's Office of Crash Avoidance
Research conducts and manages research intended to: analyze driver-
vehicle interaction, identify specific vehicle designs, components, or
parameters associated with driver performance errors and resulting
collisions, and develop and evaluate vehicle-based collision avoidance
countermeasure concepts and devices.
There are approximately 1.6 million truck tractors and 3.6 million
trailers in use in the motor carrier industry today. IVHS technology
offers a significant potential to improve the productivity of the
industry and help reduce the approximately 200,000 crashes in which
these vehicles are involved each year. To date, the application of
these technologies to commercial vehicles has been limited to single
unit trucks and truck tractors because of constraints inherent in the
present combination-unit truck trailer electrical powering and
signalling communication system.
Traditionally, the U.S. trucking industry equipment needs have been
supplied by the truck/tractor manufacturer (supplying the towing unit)
and the trailer manufacturer (supplying the cargo space to move goods).
The two units are married at the fifth wheel of the power unit and the
king-pin of the trailer. Communication and powering between the tractor
and trailer consists of little more than supplying power and control
from the tractor to the running lights of the trailer through the
standard seven pin electrical connector (seven circuits). One of the
primary reasons for lack of technology change in the standard seven
circuit connection between the tractor and trailer is that any change
may result in lack of compatibility between tractors and trailers
operating in the U.S. However, the defense, aerospace, and computer
industries have begun to focus on commercial vehicle applications as a
potential new market for their innovative ideas and advanced
technologies to improve safety, efficiency and productivity. In order
for these advances to happen, they must comply with the needs and
objectives of the users.
Vehicle/unit locators, vehicle/driver trip loggers, on-board weight
measurement and recording systems, vehicle maintenance status monitor/
recorder/transmitters, administrative credentials transponders, etc.,
are envisioned, and in some cases, beginning to be installed on trucks
and tractors, resulting in significant operational efficiency benefits.
Likewise, sideward-looking, reward-looking, and forward-looking
collision avoidance systems, driver performance monitors, antilock and
electronic braking systems, brake maintenance status monitors, etc.,
are envisioned, and in some cases, beginning to be installed on trucks
and tractors to enhance their operational safety performance.
To date, the application of these developing technologies to
commercial vehicles has been limited predominately to the power unit.
There is clearly a need to overcome the inherent constraints presently
found in the communicating and powering system between tractors and
trailers. These constraints are exacerbated in the case of multi-unit
combination tractor/trailers, the vehicle type which will likely have
an increased future role in improving the productivity of the motor
carrier industry. The ability to install advanced technology IVHS
productivity and safety enhancing equipment on this type of vehicle may
be a key element in making their expanded future use practical and
acceptable.
A number of possibilities have been suggested this issue, including
but not limited to: radio/telemetry communication linkages among units
in the combination, communications signal multiplexing, voltage
enhancements, wiring system upgrades, additional electrical circuits
and/or wiring connector systems, etc. The successful introduction of
any or all of these approaches will hinge on whether they can be
integrated, and be compatible with existing equipment in the current
commercial motor carrier fleet. A comparative evaluation of these
approaches, and fleet demonstrations of the most promising among these,
will help foster the implementation of IVHS technology in this
application.
Objective
To assess the functional capabilities and limitations, as well as
the reliability and practicality, of alternative means of providing
power to and sending/receiving communication signals to/from multiple
numbers and different types of advanced technology safety and
productivity enhancing systems on multi-unit combination heavy
commercial tractor/trailers. Assessments will be made with a view to
fostering the ability of system suppliers and truck users to
commercially deploy these type systems.
Research Approach
NHTSA believes that a teaming approach may be necessary to conduct
this research. One or more cooperative agreements are envisioned in
which a consortium of organizations with experience in truck/tractor
manufacturing, trailer manufacturing, electronic system and component
development, wiring and connectors, vehicle test and evaluation, and
motor carrier operation (in the case of an in-service demonstration
project) appear ideally suited to pursue this program.
Because of the potential for cost sharing, the performing
organization may retain the rights to any proprietary product or
technology developed under the agreement, subject to a government use
license. The organization would be free to pursue commercial
development and marketing for the products. NHTSA will require
deliverables, however, which could include reports suitable for
publishing in the public domain to document such items as the research
methods and system evaluation results. Certain proprietary information,
such as algorithms, need not be released in the public domain.
It is anticipated that one or more cooperative agreements may be
awarded under this program. Projects will be funded incrementally, with
up to a three-year support period. The maximum funding level that is
anticipated for the total project is $575,000, excluding cost sharing
provided by the performing organization(s). The maximum incremental
funding available in any one year is anticipated to be $300,000.
NHTSA Involvement
The NHTSA, Office of Crash Avoidance Research, will be involved in
all activities undertaken as part of this cooperative agreement program
and will:
1. Provide, on an as-available basis, one professional staff
person, to be designated as the Contracting Officer's Technical
Representative (COTR), to participate in the planning and management of
the cooperative agreement, and to coordinate activities between the
organization and NHTSA;
2. Make available information and technical assistance from
government sources, within available resources and as determined
appropriate by the COTR. This shall include data from state and
national accident databases, human factors data, or any other resources
within the government that may be of use in supporting research
efforts;
3. Provide liaison with other government agencies and organizations
as appropriate; and
4. Help expand the knowledge base of collision avoidance systems
and enabling technologies by publishing nonproprietary information
developed at Government expense in the scientific literature, thus
making it available to all organizations involved in research and
product development in this area.
Period of Support
The research and development effort described in this notice may be
supported through the award of a cooperative agreement. NHTSA reserves
the right to make multiple cooperative agreement awards for the effort
described in this notice depending on the merits of the applications
received and the amount of Federal funding available.
Contingent on the availability of funds and satisfactory
performance, cooperative agreement(s) will be awarded to eligible
organization(s) for project periods of up to 3 years.
Eligibility Requirements
To be eligible to participate in this cooperative agreement
program, an applicant must be a for-profit business organization (small
or large), a non-profit organization, or an educational institution.
Regardless of the type of organization applying for Federal funding
assistance, no fee or profit will be allowed. While the proposed
research effort may require extensive collaboration among several
organizations, it is envisioned that during the pre-application
process, these various organizations will designate one organization to
prepare and submit the formal application.
Application Procedure
Each applicant must submit one original and two copies of its
application package to: National Highway Traffic Safety Administration,
Office of Contracts and Procurement (NAD-30), ATTN: Henrietta Mosley,
400 Seventh Street SW., room 5301, Washington, DC 20590. Only complete
application packages received on or before October 15, 1994 shall be
considered. Submission of three additional copies will expedite
processing, but is not required. The applicant shall specifically
identify any information in the application for which confidentiality
is requested, in accordance with the procedures of 49 CFR Part 512,
Confidential Business Information.
Application Contents
1. The application package must be submitted with OMB Standard Form
424 (Rev. 4-88, including 424A and 424B), with the required information
filled in and the certified assurances included. While the Form 424-A
deals with budget information, and Section B identifies budget
categories, the available space does not permit a level of detail which
is sufficient for a meaningful evaluation of proposed costs. A
supplemental sheet should be provided which presents a detailed
breakdown of the proposed costs, as well as the costs which the
applicant proposes to contribute in support of this effort, or any
additional financial commitment made by other sources. The budget
detail shall include all cost components of the project. Labor
categories, hourly labor rates, and projected labor hours for each
category should be included, as well as all materials, computer time,
test facility fees, etc. For planning purposes, the required briefings,
during the agreement performance period, will be conducted at NHTSA in
Washington, DC.
2. Applicants shall include a program narrative statement which
includes the following:
a. A statement of work describing the development of the prototype
heavy vehicle communication and powering enhancement system(s). All
phases of the system(s) development should be described in sufficient
detail to demonstrate technical and administrative proficiency in each
area of the project (e.g., vehicle communication and powering
enhancement devices, assessing system performance, obtaining test
vehicles, assembling the system hardware, etc.). Specific details on
product development should be included; for example, a system requiring
sensors should include information on whether those sensors are off-
the-shelf or are to be developed as part of the research effort.
b. The proposed program director and other key personnel identified
for participation in the proposed research effort, including a
description of the project team and individual qualifications and their
respective organizational responsibilities.
c. A description of the test facilities and equipment currently
available or to be obtained for use in conducting the proposed research
effort.
d. A description of the applicant's previous experience or on-going
research programs that are related to this proposed research effort.
e. A detailed schedule, and management plan for the proposed
research effort, to include:
1. A detailed task schedule, Gantt, or PERT chart to show the
duration, relationship and sequencing of proposed tasks, sub tasks,
project milestones, and project deliverables.
2. A management plan that reflects the capability to direct and
coordinate the project tasks and administrative activities among the
team member organizations.
f. A description of deliverables that will be provided to NHTSA
during the project and upon completion of the research effort. This
could include written reports, video tapes of computer simulations and/
or full-scale vehicle tests, test data, etc. Each deliverable should be
identified as to whether it will be proprietary information or suitable
for release in the public domain.
g. A detailed statement of any technical assistance which the
applicant may require of NHTSA in order to successfully complete the
proposed research effort.
Application Review Process and Criteria
Initially, all applications will be reviewed to confirm that the
applicant is an eligible recipient and to ensure that the application
contains all the information required by the Application Contents
section of this notice.
Each complete application from an eligible recipient will then be
evaluated by a Technical Evaluation Committee. The applications will be
evaluated using the following criteria:
1. The technical merit of the proposal, including the applicant's
understanding of the purpose and unique problems represented by the
research objectives of this cooperative agreement program as evidenced
in the description of their proposed project. The impact the proposed
research effort will have on fostering development of commercially
viable communication and powering enhancement systems for heavy
vehicles will be evaluated. The technical merit of the proposed
research effort, including the feasibility of approach, practicality,
planned methodology, and anticipated results, will have the most weight
of all evaluation factors. The proposal will be evaluated for
demonstrated proficiency in each technical subject included in the
proposal.
2. The adequacy and availability of relevant test facilities and
equipment identified to accomplish the proposed research effort.
3. The applicant's previous and current organizational experience
and personnel qualifications as related to this effort.
4. The completeness and clarity of the applicant's plan for
accomplishing the proposed research will be evaluated. This includes
the task schedule and proposed management plan needed to direct and
coordinate identified project tasks.
Terms and Conditions of the Award
1. Procedures for the protection of the rights and welfare of human
subjects in NHTSA-sponsored experiments are set forth in NHTSA Orders
700-1 and 700-3. Any recipient proposing the use of human subjects must
satisfy the requirements and guidelines of the NHTSA Orders 700 series
prior to award of the cooperative agreement. It is not anticipated that
non-human subjects will be used in any testing performed under this
cooperative agreement. A copy of the NHTSA Orders 700 series may be
obtained from the administrative information contact designated in this
notice.
2. Prior to award, the recipient must comply with the certification
requirements of 49 CFR Part 20--Department of Transportation New
Restrictions on Lobbying and 49 CFR Part 29--Department of
Transportation Government-wide Debarment and Suspension
(Nonprocurement) and Government-wide Requirements for Drug-Free
Workplace (Grants).
3. Each cooperative agreement will be negotiated to include
provisions appropriate to organizational conflicts of interest, patent
rights, rights in data, and copyright retention by the applicant. At
the time of negotiation, applicants may be required to disclose all
actual or apparent conflicts of interest.
4. During the effective period of the cooperative agreement(s)
awarded as a result of this notice, the agreement(s) shall be subject
to NHTSA's General Provisions for Assistance Agreements, the cost
principles of OMB Circular A-21, A-122, or FAR 31.2, as applicable to
the recipient, and the requirements of 49 CFR Part 20 and Part 29. The
agreement(s) shall also be subject to the general administrative
requirements of 49 CFR Part 19--Department of Transportation Uniform
Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals, and Other Non-Profit Organizations as
applicable to those organizations.
5. Reporting Requirements:
a. Research Progress Reports: The recipient shall provide bimonthly
research progress reports which shall be due 15 days after the
reporting period, and a final research report within 45 days after the
completion of the research effort. An original and two copies of each
of these research reports shall be submitted to the COTR.
b. Oral Briefings: There shall be a start-up briefing held at the
NHTSA Office of Crash Avoidance Research, Washington, DC within 15 days
of initiation of the cooperative agreement. The recipient shall conduct
semiannual oral presentations of research results for the COTR and
other interested NHTSA personnel. An original and at least two copies
of briefing materials shall be submitted to the COTR at the time of
each briefing.
George L. Parker,
Associate Administrator for Research and Development.
[FR Doc. 94-21741 Filed 9-1-94; 8:45 am]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 94-21740 Privacy Act of 1974; Report of Amended Matching Program
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21740]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; Report of Amended Matching Program
AGENCY: Department of Veterans Affairs.
ACTION: Notice.
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Notice is hereby given that the Department of Veterans Affairs (VA)
intends to conduct a recurring computer matching program matching
Railroad Retirement Board (RRB) benefit recipient records with VA
pension and parents' dependency and indemnity compensation records.
The goal of this match is to compare income status as reported to
VA with benefit records maintained by RRB.
The Department of Veterans Affairs (VA) plans to match records of
veterans and surviving spouses and children who receive pension and
parents who receive dependency and indemnity compensation (DIC) from VA
with Railroad Retirement benefit records maintained by RRB. The match
with RRB will provide VA with data from the RRB Research File of
Retirement and Survivor Benefits.
VA will use the data to update the master records of VA
beneficiaries receiving income dependent benefits and to adjust VA
benefit payments as prescribed by law. Currently, information about a
VA beneficiary's receipt of RRB benefits is obtained from reporting by
the beneficiary. The proposed matching program will enable VA to ensure
accurate reporting of income.
Records to be matched
The VA records involved in the match are the VA system of records,
Compensation, Pension, Education and Rehabilitation Records--VA (58 VA
21/22) contained in the Privacy Act Issuances, 1991 compilation, Volume
II, pages 967-971 as amended. The RRB records consist of information
from the Research File of Retirement and Survivor Benefits, Systems of
Records RRB 225 and RRB 26 contained in the Privacy Act Issuances, 1991
compilation, Volume V, Pages 518-519. In accordance with Title 5.
U.S.C. subsection 552a (o)(2) or (r), copies of the agreement are being
sent to both Houses of Congress and to the Office of Management and
Budget.
This notice is provided in accordance with the provisions of the
Privacy Act of 1974 as amended by Public Law 100-503.
The match is estimated to start August 1, 1994, but will start no
sooner than 40 days after publication of this Notice in the Federal
Register, or 40 days after copies of this Notice and the agreement of
the parties is submitted to Congress and the Office of Management and
Budget, whichever is later, and end not more than 18 months after the
agreement is properly implemented by the parties. The involved
agencies; Data Integrity Boards (DIB) may extend this match for 12
months provided the agencies certify to their DIBs, within three months
of the ending date of the original match, that the matching program
will be conducted without change and that the matching program has been
conducted in compliance with the original matching program.
ADDRESSES: Interested individuals may comment on the proposed matches
by writing to the Director, Compensation and Pension Service (21),
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC
20420.
FOR FURTHER INFORMATION CONTACT: David G. Spivey (213B), (202) 273-
7258.
SUPPLEMENTARY INFORMATION: This information is required by Title 5
U.S.C. subsection 552a(e)(12), the Privacy Act of 1974. A copy of this
notice has been provided to both Houses of Congress and the Office of
Management and Budget.
Approved: August 16, 1994.
Jesse Brown,
Secretary of Veterans Affairs.
[FR Doc. 94-21740 Filed 9-1-94; 8:45 am]
BILLING CODE 8320-01
Complete official Federal Register PDF
FR Doc. 94-21739 Notice of Proposed Interdepartmental Agreement on Indian Housing Program
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21739]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. R-94-1746; FR-3763-N-01]
Notice of Proposed Interdepartmental Agreement on Indian Housing
Program
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of proposed interdepartmental agreement.
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SUMMARY: With this Notice, HUD's Office of Native American Programs is
soliciting comments from Tribal Councils, Indian Housing Authorities,
and other interested parties on a proposed Interdepartmental Agreement
on HUD's Indian Housing Program before this proposed agreement is
adopted as final.
DATES: Comments due date: October 17, 1994.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed rule to the Rules Docket Clerk, Office of General
Counsel, Room 10278, Department of Housing and Urban Development, 451
Seventh Street SW., Washington, DC 20410. Communications should refer
to the above docket number and title. A copy of each communication
submitted will be available for public inspection and copying between
7:30 a.m. and 5:30 p.m. weekdays at the above address. FAXED comments
will not be accepted.
FOR FURTHER INFORMATION CONTACT: Dominic Nessi, Director, Office of
Native American Programs, Department of Housing and Urban Development,
room B-133, 451 Seventh Street SW., Washington, DC 20410; telephone
(202) 755-0032; (TDD) (202) 708-0850. (These are not toll-free
numbers.)
SUPPLEMENTARY INFORMATION: This proposed Interdepartmental Agreement on
HUD's Indian Housing Program sets forth the working relationship among
the Department of Housing and Urban Development (HUD), the Bureau of
Indian Affairs (BIA), and the Indian Health Service (IHS) in the
delivery of services to Tribes and Indian Housing Authorities (IHA) in
conjunction with the planning and construction of new housing developed
with financial assistance of HUD's Indian Housing Program.
The Interdepartmental Agreement (IA) establishes a general
foundation for this cooperative effort and guidelines by which each of
the three agencies will interact with Tribal governments and IHAs. The
IA will be supplemented, as necessary, by individual Memorandums of
Agreement (MOA) developed between local decision makers and the
specific federal agencies assisting in the development of the housing.
The Department has been working with the BIA and IHS to revise the
existing Interdepartmental Agreement which was published in 1976 and
has not been updated to meet the regulatory requirement revisions that
affect federal tribal interaction in the Indian Housing Program. The
BIA Housing Improvement Program (HIP) was eliminated from this IA to
streamline the agreement among all signatory agencies in the
development of HUD Indian housing programs. It is anticipated that the
IHS and the BIA will be addressing the BIA-HIP separately. Other
sections pertaining to program procedures are more appropriately
covered in the program handbook or program Notice of Funding
Availability (NOFA) and have been deleted from the IA.
The text of the proposed Interdepartmental Agreement follows:
PROPOSED INTERDEPARTMENTAL AGREEMENT ON THE INDIAN HOUSING PROGRAM
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT--OFFICE OF NATIVE
AMERICAN PROGRAMS
THE DEPARTMENT OF INTERIOR--BUREAU OF INDIAN AFFAIRS
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES--INDIAN HEALTH SERVICE
1.0 STATEMENT OF PURPOSE.
The purpose of the Interdepartmental Agreement (IA) is to set forth
the working relationship among the Department of Housing and Urban
Development (HUD), the Bureau of Indian Affairs (BIA), and the Indian
Health Service (IHS) in the delivery of services to Tribes and Indian
Housing Authorities (IHAs) in conjunction with the planning and
construction of new Indian housing developments. The above agencies
share a common goal to assist Tribes in improving their living
environment through the delivery of quality housing and infrastructure.
This goal can be more readily achieved with an efficient and integrated
utilization of available resources.
The Interdepartmental Agreement establishes a general foundation
for this cooperative effort and the guidelines by which each of the
three agencies will interact with Tribal governments and IHAs. The IA
will be supplemented, as necessary, by individual Memorandums of
Agreement (MOA) developed between local decision-makers and the
specific federal agencies assisting in the development of the housing.
2.0 GENERAL AGENCY RESPONSIBILITIES.
2.1 HUD RESPONSIBILITIES. HUD will provide financial assistance
for the development and management of low income housing and community
developments in Indian and Alaska Native areas through the Traditional
Indian Housing Development Program.
2.2 BIA RESPONSIBILITIES. BIA will review and approve all required
trust land lease issues, easements and real estate appraisals; provide
maintenance services to those IHA constructed roads and streets
accepted into the BIA road systems in accordance with 25 CFR Part 170;
and provide other support, when available, necessary for the timely
development of housing.
2.3 IHS RESPONSIBILITIES. The IHS provides a comprehensive primary
and preventive health services delivery system for American Indians and
Alaska Natives. The environmental health component of IHS assists
Tribes by providing technical and financial assistance in the
development of tribal sanitation facilities [water, waste water, and
solid waste facilities and operation & maintenance (O&M)
infrastructure]. As originally authorized under the Indian Sanitation
Facilities Act of 1959 (Public Law 86-121), and as amended by the
Health Care Improvement Act of 1988 (Public Law 100-713), IHS has the
primary responsibility and authority to provide Native American homes
and communities with the necessary sanitation facilities and related
services.
3.0 AGENCY COORDINATION.
3.1 PROCESSING PROCEDURES. The signatories of the IA agree to
maintain timely and relevant processing of regulations, handbooks,
notices and other administrative guidance for use by Tribes and IHAs.
All signatory agencies will be given an opportunity to comment on such
documents before they are made effective.
3.2 PROGRAM ADMINISTRATION. The signatories of the IA agree to
enforce the provisions of current program guidance with their
respective area/regional offices. Disputes between or among the
signatory agencies may be made in writing to the head of the
appropriate area or field office involved, with a copy to the other
agencies. Unresolved disputes extending more than 90 days beyond the
date of submission shall be referred, in writing, to the Headquarters
Working Group for resolution. This group is composed of the Director,
Office of Native American Programs in HUD; Director, Office of Trust
Responsibilities in BIA; and the Director, Division of Environmental
Health in IHS.
3.3 INFORMATION SHARING. Whenever possible, the signatory agencies
will provide, or cause to be provided, copies of housing and supporting
infrastructure planning documents, to include utility master plans,
transportation plans, and IHA comprehensive housing plans, to the
appropriate area/regional offices of other signatory agencies.
HUD Field Offices of Native American Programs will provide
quarterly reports on the progress of HUD's assisted housing projects to
BIA and IHS. These reports will indicate the method of construction,
project number, and number of units. Scheduled and actual completion
dates for applicable project review points will be provided, where
available.
3.4 GRANT AWARD. Signatory agencies will provide copies of
applicable housing and supporting infrastructure grant/project award
notices to the other signatory agencies as soon as practicable after
notification to Tribes.
4.0 DEVELOPMENT OF HOUSING UNITS.
4.1 HUD RESPONSIBILITIES.
4.1.1 Applications. HUD will advise IHAs to use BIA and IHS
summaries of existing infrastructure and recommendations to support
proposed housing project applications for funding.
4.1.2 Project Coordination. HUD will advise IHAs to use handbooks
concerning procedures the IHA may use to determine what assistance they
need from the BIA and IHS. At the request of a Tribe through the IHA,
the BIA (including Area Road Engineers and Realty Officers) and IHS
will provide, to the extent feasible, technical reviews and
recommendations on project planning, design and construction documents
involving supporting infrastructure, and related requirements at
appropriate project review points. Appropriate project review points
will be determined on a project by project basis and may include:
project coordination schedule review, housing site feasibility review,
project plan review, project final inspection, and record drawings
review. Schedules or commitments made as a result of project
coordination require the approval of the appropriate IHS and/or BIA
official.
4.1.3 Standard vs Assisted Housing Development Method. The
Standard Method of development refers to all procedures, guidelines and
requirements associated with the normal development of an Indian
housing project by an administratively capable IHA. The Assisted Method
contains all of the procedures, guidelines and requirements associated
with the development of an Indian housing development by an IHA which
has requested additional HUD assistance due to its inexperience or lack
of staff resources, or by an IHA which has been deemed by HUD to need
additional assistance, monitoring and supervision during the
development process. The Standard Method will require less oversight by
the signatory agencies as compared to the Assisted Method.
4.2 BIA RESPONSIBILITIES.
Leases, Easements and Real Estate Appraisals on Trust Property.
Where resources are available, the BIA will provide real estate
appraisals at the request of the IHA. All leases and easements shall be
approved by the BIA.
5.0 DEVELOPMENT OF ON-SITE AND OFF-SITE ROADS.
5.1 HUD RESPONSIBILITIES.
On-Site Street Construction. HUD will provide sufficient funds for
the construction of on-site streets, in accordance with the American
Association of State Highway and Transportation Officials (AASHTO)
standards. The IHA will have the overall responsibility for
construction of on-site streets. The Tribal government must determine
the type of streets to be constructed in conjunction with housing
projects, and whether the streets will be included in the BIA Roads
System for maintenance by the BIA. HUD will advise each IHA and Tribe
which receives a HUD Housing Grant that the on-site streets must be
designed and constructed to AASHTO standards to be eligible for
inclusion on the BIA roads system.
5.2 BIA RESPONSIBILITIES.
5.2.1 Access Road Construction. When requested by the Tribal
government, the BIA will plan and construct access roads to housing
developments. Sufficient lead time is required to develop access roads.
This lead time may be as much as 2\1/2\ years. The BIA will coordinate
access road construction with the IHA and make every effort to complete
such roads prior to the completion of the housing project.
5.2.2 Road/Street Maintenance. IHA-developed streets may be added
to the BIA Roads System only when the street(s) and related curb,
gutters and drainage features have been built to acceptable AASHTO
specifications and standards, and the right-of-way is transferred to
the BIA. When requested by the Tribal government, the BIA Area Office
will accept IHA developed streets on the BIA Roads System and will
provide ongoing maintenance for those streets that meet the above
specifications and standards.
6.0 DEVELOPMENT OF SANITATION FACILITIES.
6.1 HUD RESPONSIBILITY. To the extent that funds are appropriated
by Congress, HUD will fund the water, waste water, solid waste
facilities, and O&M infrastructure necessary for the traditional HUD
financed housing projects. O&M infrastructure includes the plant,
equipment, tools and training needed by utility authorities to provide
continuing sanitation service to the residents of HUD-financed homes,
as well as the long range planning necessary to identify and implement
those requirements.
6.2 IHS RESPONSIBILITY. IHS provides water, waste water, solid
waste facilities, and O&M infrastructure based on Congressional
directives and to the extent that funds are appropriated. IHS also
receives funds from Tribes or other agencies to provide sanitation
facilities under its authorities. Eligibility for IHS financial
assistance is determined by IHS on a project by project basis, and
funding is based on a duly executed MOA.
6.3 IHS PARTICIPATION IN HUD FUNDED SANITATION FACILITIES
CONSTRUCTION. When requested by the Tribe and the IHA, IHS may
participate in the construction of sanitation facilities funded under
the traditional HUD-assisted housing development program. IHS
participation will be on a project by project basis, pursuant to an
approved MOA duly executed by the IHA, Tribe, IHS, and if necessary,
HUD.
6.4 INDIVIDUAL AND COMMUNITY SANITATION SYSTEMS. Where it is
determined that sanitation facilities are feasible and necessary, the
following conditions will apply:
6.4.1 The agency financing the house construction or improvement
is responsible for the installation of all dwelling plumbing
facilities.
6.4.2 Where facilities serve only HUD-assisted housing project
homes, HUD will fund the total cost of the sanitation facilities
necessary to serve the project. Where HUD-assisted housing project
homes are interspersed with existing homes also served by a sanitation
facility, HUD shall fund a prorated share of sanitation facilities
costs. All community sanitation system construction, improvement, or
expansion will be designed on the basis of a total community concept,
such that the proposed sanitation facilities are (a) safe and adequate
to meet the environmental health needs of residents, (b) compatible
with tribal infrastructure development, and (c) economically feasible
to construct and operate.
7.0 ENVIRONMENTAL COMPLIANCE.
Each signatory agency (HUD, BIA, and IHS) shall be responsible for
following its own applicable procedures addressing the requirements of
the National Environmental Policy Act (NEPA), and related and/or
similar environmental legislation and/or Executive Orders. The
Memorandum of Understanding (MOU), dated June 21, 1991, signed by BIA,
HUD, IHS, and the Environmental Protection Agency clarifies each
agencies' role in environmental protection.
In the implementation of the roles identified in the MOU and the
responsibilities assigned in the IA, to the extent feasible, all
signatory agencies will adopt and/or combine environmental documents
that comply with NEPA and related regulations, which are provided by
the other signatory agencies, in order to reduce duplication and
paperwork. Copies of one signatory agency's environmental determination
documentation (e.g., archeological review) may be required by another
signatory agency prior to granting approvals; however, the approving
agency shall not require the applying agency to change procedures,
format, etc., during the review process and prior to granting its
approval.
Dated: August 26, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 94-21739 Filed 9-1-94; 8:45 am]
BILLING CODE 4210-33-P
Complete official Federal Register PDF
FR Doc. 94-21737 Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart Q During the Week Ended August 26, 1994
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
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[FR Doc No: 94-21737]
[[Page Unknown]]
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DEPARTMENT OF TRANSPORTATION
Applications for Certificates of Public Convenience and Necessity
and Foreign Air Carrier Permits Filed Under Subpart Q During the Week
Ended August 26, 1994
The following Applications for Certificates of Public Convenience
and Necessity and Foreign Air Carrier Permits were filed under Subpart
Q of the Department of Transportation's Procedural Regulations (See 14
CFR 302.1701 et seq.). The due date for Answers, Conforming
Applications, or Motions to Modify Scope are set forth below for each
application. Following the Answer period DOT may process the
application by expedited procedures. Such procedures may consist of the
adoption of a show-cause order, a tentative order, or in appropriate
cases a final order without further proceedings.
Docket Number: 49739
Date filed: August 26, 1994
Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: September 23, 1994
Description: Application of Moscow Airways pursuant to Section 402 of
the act and Subpart Q of the Regulations, applies for a Foreign Air
Carrier Permit authorizing it to engage in scheduled air transportation
of property and mail from a point or points in Russia to Anchorage,
Alaska, United States of America, and return.
Phyllis T. Kaylor,
Chief, Documentary Services Division.
[FR Doc. 94-21737 Filed 9-1-94; 8:45 am]
BILLING CODE 4910-62-P
Complete official Federal Register PDF
FR Doc. 94-21736 Aviation Proceedings; Agreements Filed During the Week Ended August 26, 1994
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21736]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF TRANSPORTATION
Aviation Proceedings; Agreements Filed During the Week Ended
August 26, 1994
The following Agreements were filed with the Department of
Transportation under the provisions of 49 U.S.C 412 and 414. Answers
may be filed within 21 days of date of filing.
Docket Number: 49735
Date filed: August 25, 1994
Parties: Members of the International Air Transport Association
Subject: Telex TC3 Mail Vote 703; Japan-China fares r-1 to r-8, r-
1--0431, r-4--06311, r-7--092f, r-2--053i, r-5--076t, r-8--092v, r-3--
063i, 5-6--085hh
Proposed Effective Date: September 9, 1994.
Docket Number: 49737
Date filed: August 25, 1994
Parties: Members of the International Air Transport Association
Subject: TC12 Reso/P 1594 dated August 23, 1994; North Atlantic-
Israel Resolution r-1 to r-16
Proposed Effective Date: January 1, 1995.
Docket Number: 49742
Date filed: August 26, 1994
Parties: Members of the International Air Transport Association
Subject: Telex TC3 Mail Vote 706; Seoul-Fiji fares r-1 to r-6
Proposed Effective Date: September 10, 1994.
Phyllis T. Kaylor,
Chief, Documentary Services Division.
[FR Doc. 94-21736 Filed 9-1-94; 8:45 am]
BILLING CODE 4910-62-P
Complete official Federal Register PDF
FR Doc. 94-21735 Great Lakes Panel on Aquatic Nuisance Species Meeting
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21735]
[[Page Unknown]]
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DEPARTMENT OF THE INTERIOR
Great Lakes Panel on Aquatic Nuisance Species Meeting
AGENCY: Department of the Interior, Fish and Wildlife Service.
ACTION: Notice of meeting.
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SUMMARY: This notice announces a meeting of the Great Lakes Panel on
Aquatic Nuisance Species (Great Lakes Panel), a regional committee of
the Aquatic Nuisance Species Task Force. A number of subjects will be
discussed including: the 1995 Great Lakes Panel workplan; status of
state comprehensive management plans; legislative and appropriations
update; reauthorization of the Nonindigenous Aquatic Nuisance
Prevention and Control Act; and the status of information and education
activities.
DATES: The Great Lakes Panel will meet from 1:00 p.m. to 5:00 p.m. on
Monday, September 19, 1994, and 8:30 a.m. to 3:00 p.m. on Tuesday,
September 20, 1994.
ADDRESSES: The meeting will be held at the Great Lakes Environmental
Research Laboratory, 2205 Commonwealth Boulevard, Ann Arbor, Michigan
48105-1593. Minutes will be maintained by Coordinator, Aquatic Nuisance
Species Task Force, Room 840, 4401 North Fairfax Drive, Arlington,
Virginia 22203, and the Great Lakes Panel Coordinator, Great Lakes
Commission, The Argus Building, 400 Fourth Street, Ann Arbor, Michigan
48103-4816, and will be available for public inspection during regular
business hours, Monday through Friday within 30 days following the
meeting.
FOR FURTHER INFORMATION CONTACT:
Lori Reynolds, Great Lakes Commission, (313) 665-9135, or Jay Troxel,
Coordinator, Aquatic Nuisance Species Task Force, (703) 358-1718.
SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App. I), this notice announces a
meeting of the Great Lakes Panel on Aquatic Nuisance Species, a
regional committee of the Aquatic Nuisance Species Task Force
established under the authority of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (P.L. 101-646, 104 Stat. 4761, 16
U.S.C. 4701 et seq., November 29, 1990).
Dated: August 23, 1994.
Gary Edwards,
Assistant Director--Fisheries, Co-Chair, Aquatic Nuisance Species Task
Force.
[FR Doc. 94-21735 Filed 9-1-94; 8:45 am]
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Complete official Federal Register PDF
FR Doc. 94-21733 Aviation Security Advisory Committee; Meeting
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
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[FR Doc No: 94-21733]
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DEPARTMENT OF TRANSPORTATION
Aviation Security Advisory Committee; Meeting
SUMMARY: Notice is hereby given of a meeting of the Aviation Security
Advisory Committe.
DATES: The meeting will be held September 29, 1994, from 9 a.m. to 12
p.m.
ADDRESSES: The meeting will be held in the MacCracken Room, tenth
floor, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591, telephone 202-267-7451.
SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. App.II), notice is
hereby given of a meeting of the Aviation Security Advisory Committee
to be held September 29, 1994, in the MacCracken Room, tenth floor,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC. The agenda for the meeting will include a report from
the Universal Access System Working Group, and progress reports on the
revision of Federal Aviation Regulations Parts 107 and 108 and
development of explosives detection systems. Attendance at the
September 29, 1994, meeting is open to the public but is limited to
space available.
Members of the public may address the committee only with the
written permission of the chair, which should be arranged in advance.
The chair may entertain public comment if, in its judgment, doing so
will not disrupt the orderly progress of the meeting and will not be
unfair to any other person. Members of the public are welcome to
present written material to the committee at any time. Persons wishing
to present statements or obtain information should contact the Office
of the Assistant Administrator for Civil Aviation Security, 800
Independence Avenue SW., Washington, DC 20591, telephone 202-267-7451.
Issued in Washington, DC on August 29, 1994.
Cathal L. Flynn,
Assistant Administrator for Civil Aviation Security.
[FR Doc. 94-21733 Filed 9-1-94; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 94-21732 Federal-State Unemployment Compensation Program: Unemployment Insurance Program Letters Interpreting Federal Unemployment Insurance Law
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21732]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF LABOR
Federal-State Unemployment Compensation Program: Unemployment
Insurance Program Letters Interpreting Federal Unemployment Insurance
Law
The Employment and Training Administration interprets Federal law
requirements pertaining to unemployment compensation as part of its
role in the administration of the Federal-State unemployment
compensation program. These interpretations are issued in Unemployment
Insurance Program Letters (UIPLs) to the State Employment Security
Agencies (SESAs). The UIPL described below is published in the Federal
Register in order to inform the public.
Unemployment Insurance Program Letter No. 41-94
This UIPL advises SESAs of the actions which must be undertaken by
States in order to meet the requirements of Sections 303(a)(10) and
303(j) of the Social Security Act (SSA). Compliance with the provisions
of the SSA is a condition for the receipt of administration grants for
the operation of the Unemployment Insurance program.
Sections 303(a)(10) and 303(j) were added to the SSA by Public Law
103-152. Under Section 303(j), SSA, States are required to establish
and utilize a system of profiling all new claimants for regular UC in
order to identify those claimants most likely to exhaust regular UC and
in need of reemployment services in order to obtain new work. Section
303(a)(10), SSA, also requires that an individual identified pursuant
to the profiling system must participate in reemployment services as a
condition of UC eligibility.
Dated: August 26, 1994.
Doug Ross,
Assistant Secretary of Labor.
Directive: Unemployment Insurance Program Letter No. 41-94
To: All State Employment Security Agencies
From: Mary Ann Wyrsch, Director, Unemployment Insurance Service
Subject: Unemployment Insurance Program Requirements for the Worker
Profiling and Reemployment Services System
1. Purpose. To provide guidance on Unemployment Insurance (UI)
program requirements for the Worker Profiling and Reemployment Services
system.
2. References.
a. Laws. Title III of the Social Security Act (SSA); Section 4 of
Public Law (P.L.) 103-152; the Federal-State Extended Unemployment
Compensation Act of 1970 (EUCA); 5 U.S.C. 8501 et seq.; and Title III
of the Job Training Partnership Act (JTPA), ``Employment and Training
Assistance for Dislocated Workers.''
b. Issuances. Unemployment Insurance Program Letter (UIPL) No. 13-
94, dated January 28, 1994; UIPL 13-94, Change 1, dated April 15, 1994;
and the Secretary's Standard for Claim Determinations, Part V,
Employment Security Manual, Section 6010 et seq.
3. Background. On November 24, 1993, the President signed into law
the Unemployment Compensation Amendments of 1993 (P.L. 103-152) which
added Sections 303(a)(10) and 303(j) to the SSA. Both of these new
sections contain requirements States must meet as a condition of States
receiving UI grants. (The text of both sections is contained in the
Attachment.) Under Section 303(j)(1), SSA, the State must:
Identify which claimants will be likely to exhaust
regular UI and will need job search assistance services to make a
successful transition to new employment. (Subparagraph (A) of
section 303(j)(1), SSA.)
Refer the claimants so identified to reemployment
services, such as job search assistance services, available under
any State or Federal law. (Subparagraph (B) of Section 303(j)(1),
SSA.)
Collect follow-up information relating to the services
received by such claimants and their employment outcomes and use the
information for future profiling. (Subparagraph (C) of Section
303(j)(1), SSA.)
Meet ``such other requirements as the Secretary of
Labor determines are appropriate.'' (Subparagraph (D) of Section
303(j)(1), SSA.)
In addition, Section 303(a)(10), SSA, requires claimants to
participate in reemployment services to which they have been referred
as a condition of UI eligibility. P.L. 103-152 requires the Secretary
of Labor to provide technical assistance and advice to the States in
implementing the worker profiling systems.
One of the principal aims of the profiling system is to provide
reemployment services to certain claimants through an ``early
intervention'' processes. That is, claimants who are unlikely to return
to their previous jobs or occupations will be identified and given
assistance early in their claims series. This approach is expected to
facilitate an early return to employment and savings to each state's
unemployment fund.
In response to this legislation, the U.S. Department of Labor
(Department) has launched a major initiative to establish an
integrated, comprehensive worker profiling and reemployment services
system involving various programs, including the UI, Employment
Service, and Title III, JTPA programs. To this end, information
describing how a recommended integrated system might operate was issued
to the States through the Department's Regional Offices. (This
recommended system followed the overall approach embodied in the
proposed Reemployment Act of 1994.) However, since the SSA amendments
create specific requirements as a condition of receiving UI
administrative grants, it is necessary to provide guidance to States
concerning what actions must be taken concerning the UI program. This
issuance provides definitive guidance concerning these actions.
Among other things, this UIPL describes the minimum required
profiling system for identifying and referring claimants. That the
States must use this required profiling system does not, however,
abridge the States' authority to use other methods, not related to the
minimum system, for identifying claimants for referral. For example,
assuming a service provider has twenty-five slots, a State may refer
only fifteen claimants identified under the minimum required profiling
system to the provider if the State also refers ten claimants using
whatever methods it deems appropriate.
4. Overview of Profiling and Reemployment Services System. Federal
law does not specify a detailed structure for the profiling and
reemployment services system. That is left to the States. However, in
order to meet the statutory requirements and coordinate between the
various employment and training programs, the Department anticipates
that the following general structure will be used by all States:
The UI agency will profile all claimants to identify
those likely to exhaust regular UI and in need of reemployment
services.
To the extent that reemployment services are available,
the ``identified'' claimants will either be immediately referred to
these services or placed in a selection pool from which a referral
may later be made.
Services will begin with an orientation session
advising claimants of the availablility and benefit of reemployment
services, and, if appropriate, an individual assessment of each
claimant's needs. Based on an individual service plan, the claimant
may be referred to reemployment services tailored to the
individual's needs.
The entity providing the reemployment services will
promptly provide the UI agency with any necessary information
relating to the claimants' continuing eligibility for UI.
5. Arrangements with Service Provider(s). Under the authority
granted by Section 303(j)(1)(D), SSA, which allows the Secretary to
establish other requirements as are determined appropriate, the
Department has determined that State UI agencies are to establish
certain arrangements with the entities providing reemployment services.
When the UI agency is not part of the same overall State agency as the
service provider (for example, an employment security agency or
executive department), the Department recommends that these
arrangements be in a written agreement. Arrangements must be made in
two areas: The number of claimants to be referred to the provider and
the information the provider must forward to the UI agency.
a. Number of Claimants Referred. The burden of reporting to service
providers should not be placed upon claimants when services are not
available. Similarly, service providers should not be required to
expend time and resources working with referred claimants when services
are not available for them. Therefore, there must be a balance between
the available supply of services and referrals to these services. To
avoid excessive referrals, the agreement must provide a method for
assuring that the number of claimants referred to the provider is based
on the number the provider is able to serve.
Section 303(j)(1)(B), SSA, only requires the referral to
``available'' reemployment services of claimants identified as likely
to exhaust regular UI and who need job search assistance. Therefore,
the State will meet the requirements of Section 303(j)(1)(B), SSA, when
the supply of services and referrals to these services is balanced.
b. Receipt of Information. New Section 303(a)(10), SSA, requires
that claimants, identified and referred to reemployment services
through profiling, participate in such services, or in similar
services, as a condition of UI eligibility. Also, Section 303(a)(1),
SSA, requires ``methods of administration * * * as are found by the
Secretary to be reasonably calculated to insure full payment of
unemployment compensation when due.'' This means the UI agency must
have methods of administration for obtaining eligibility information
from service providers and for promptly determining eligibility based
on this information. To ensure service providers meet the UI agency's
needs, arrangements must exist for the prompt provision of any
necessary eligibility information concerning participation or
availability. States also will need to establish methods of
administration for obtaining this information when claimants are
attending ``similar services'' as discussed in item 11.b.
Further, as discussed in item 12 below, States must provide
information to this Department related to reemployment services
received by claimants and employment outcomes. Arrangements must be
made for the provision of this information.
6. Definition of ``Reemployment Services.'' The second conference
report for Public Law 103-152, which added Sections 303(a)(10) and
303(j) to the SSA, describes ``reemployment services'' as including--
Job search assistance and job placement services, such as
counseling, testing, and providing occupational and labor market
information, assessment, job search workshops, job clubs and
referrals to employers, and other similar services. [H.R. Conf. Rep.
No. 404, 103rd Cong., 1st Sess. 5 (1993)]
Reemployment services need not include skills and education
training. Therefore, States are not required to apply the participation
requirement discussed in item 11.a. to such training even if claimants
are referred to such training through the worker profiling and
reemployment services system.
Orientation and assessment activities are both reemployment
services for purposes of Sections 303(a)(10) and 303(j) SSA.
Orientation is a service since claimants are made aware of why services
are available and what the services are and, as a result, are able to
participate in the identification of appropriate services to assist
them in returning to employment. Assessment is a service since it
identifies the specific needs of each claimant. Assessment is also
listed as a reemployment service in the Committee Report.
7. Benefit Rights Interview (BRI). Under the Secretary's Standard
for Claim Determinations, individuals who may be entitled to UI must be
provided information as will reasonably afford them an opportunity to
know, establish and protect their rights under the UI law of the State.
Therefore, BRI information provided to claimants during the initial
claims taking process must advise claimants of the possible
consequences of failure to report or to participate in any reemployment
services to which they may be referred.
8. Identifying Claimants Likely to Exhaust and in Need of
Reemployment Services
a. Who is to be Profiled. Section 303(j)(1)(A), SSA, requires that
State agencies establish and utilize a system of profiling ``all new
claimants for regular compensation'' (i.e., regular UI) that
``identifies which claimants will be likely to exhaust regular
compensation and will need job search assistance services to make a
successful transition to new employment.'' Based on the plain language
of Section 303(j)(1)(A), all claimants for regular UI must be profiled.
The term ``regular compensation'' is defined in Section 205(2),
EUCA, as ``compensation payable to an individual under any State
unemployment compensation law (including compensation payable pursuant
to 5 U.S.C. chapter 85), * * * other than extended compensation and
additional compensation.'' Through the reference to 5 U.S.C. chapter
85, the phrase ``all new claimants for regular compensation'' includes
claimants filing for UI for ex-servicemembers (UCX) and Federal
employees (UCFE). The phrase ``all new claimants for regular
compensation'' includes all intrastate, interstate and combined-wage
claimants.
The Department will work with the States in developing arrangements
for profiling interstate claimants. In determining whether to take
action against a State which is not profiling and referring interstate
claimants, the Department will take into account the feasibility of
such State taking appropriate action.
b. Who is to be Identified. The profiling system must be structured
so as to identify which claimants will be likely to exhaust regular UI
and will need job search assistance services to make successful
transition to new employment. If a claimant is not permanently laid
off, there is no need for job search assistance to make a ``transition
to new employment'' and the likelihood of exhaustion also decreases.
Similarly, if jobs exist in the current industry or occupation, then
the claimant is less likely to exhaust and to need job search
assistance to make a ``transition to new employment.'' The word
``transition'' as used in Section 303(j)(1), SSA, indicates that the
requirement for participation in reemployment services is not aimed at
claimants who are merely between jobs in the same industry or
occupation, but instead at claimants who are having to make a
``transition'' to jobs in a different industry or occupation.
As a result of this analysis, the Department has determined the
following minimum requirement: A State profiling system must identify
all new claimants for regular UI who are permanently laid off (and who
are, therefore, likely to exhaust). From the claimants so identified,
the State must further identify at least one of the following: (1)
Those claimants who are unlikely to return to their previous industry
or (2) those claimants who are unlikely to return to their previous
occupation.
Claimants identified under the minimum required profiling system
described above will also be ``eligible dislocated workers'' under
Section 303(a)(1)(A) of Title III, JTPA. This section defines the term
``eligible dislocated workers'' to mean individuals who ``have been
terminated or laid off or who have received a notice of termination or
layoff from employment, are eligible for or have exhausted their
entitlement to unemployment compensation, and are unlikely to return to
their previous industry or occupation.'' Claimants identified through
the minimum profiling system described above are--as are certain
``eligible dislocated workers''--permanently laid off from employment,
eligible for UI, and unlikely to return to their previous industry or
occupation. Therefore, claimants identified through the minimum
required profiling system will also be ``eligible dislocated workers''
for purposes of Title III, JTPA.
c. How Claimants are to be Identified
(1) Variables. The use of certain types of variables is required to
ensure that claimants identified are permanently laid off and unlikely
to return to their previous industry or occupation. The use of other
variables is optional. In addition, the use of certain variables is
prohibited.
Under the minimum required profiling system, the following
variables must be used:
First Payment for Total or Part-Total Unemployment:
Since claimants cannot exhaust UI unless they are first eligible for
UI, the use of this variable is required. Claimants receiving first
payments for partial claims are not required to be identified for
referral since there has been no separation from employment.
First payment to some claimants will occur late in their claims
series due to appeals, wage investigations or other causes. Since,
as noted in item 8.a, ``all new claimants'' for UI must be profiled,
claimants receiving late payments must be profiled. However, given
that the profiling system's goal of early intervention will not be
achieved for these claimants, States have the option of introducing
an additional variable to the profiling system which would exclude
claimants who receive first payments after a certain period of time
(for example, 5 weeks).
Recall Status: Since claimants who are on recall will
not need reemployment services and are less likely to exhaust UI,
the use of this variable is required.
Hiring Halls: Claimants making exclusive use of a union
hiring hall will not need reemployment services since these
claimants are expecting to find work in their current occupation. If
union hiring halls are used in the State, then the State must use
this variable.
Claimants remaining after these three variables are applied will be
passed through either a statistical modeling or characteristic
screening process to determine difficulty in finding reemployment. (See
item 8.c.(2) below.) Following are variables which the Department has
identified for use in this process:
Education: Educational level is closely associated with
reemployment difficulty. Generally, claimants with less education
are more likely to exhaust. Use of this variable is a State option.
Job Tenure: This is a measure of a claimant's
attachment to a specific employer. Studies show that the longer a
worker's specific job attachment, the more difficult it is to find
equivalent employment elsewhere. Use of this variable is a State
option.
Industry: A claimant's search for employment is
affected by the former industry of employment. Claimants who worked
in industries that are declining, relative to others in the State,
experience greater difficulty in obtaining new employment than
claimants who worked in expanding industries. States must use either
this variable or ``occupation.''
Occupation: Workers in low demand occupations
experience greater reemployment difficulty than workers in
occupations with higher demand. States must use either this variable
or ``industry.''
Uemployment Rate: Dislocation and reemployment
difficulty are closely related to economic conditions, as measured
by unemployment rates. In areas with high unemployment, unemployed
workers will have greater difficulty becoming reemployed than those
workers in areas with low unemployment, even if all other conditions
are equal. Use of this variable is a State option.
To summarize, under the minimum required profiling system, States
must use first payment, recall status, hiring halls (if they are used
in the State), and either industry or occupation to identify claimants
for purposes of referral to reemployment services. Using the above
optional variables will decrease the number identified under the
profiling system; however, the result will be a greater precision in
identification. The Department will notify States if any additional
optional variables are identified.
Finally, a profiling system may not produce results which
discriminate in violation of any Federal or State law or which
otherwise unfairly favors some claimants over those similarly situated
with respect to their need for reemployment services. To this end,
under the authority granted by Section 303(j)(1)(D), SSA, which allows
the Secretary to establish other requirements as are determined
appropriate, the Department has determined that the following elements
may not be used in the profiling system: Age, race, ethnic group, sex,
color, national origin, disability, religion, political affiliation and
citizenship.
(2) Statistical Modeling versus Characteristic Screening.
Statistical modeling uses a set of variables in combination
simultaneously. Each variable receives a weight (or ``coefficient'')
that has been established by a statistical process. The weighted
average produces a ranking. Characteristic screening, on the other
hand, uses each variable as an exclusion variable. That is, depending
on whether the answer is ``yes'' or ``no'' to a given question,
claimants will be either included or excluded. Unlike statistical
screening, no ranking is produced.
Referral to services based on statistical modeling will be based on
a numerical score since the higher the score, the more likely the
claimant will exhaust and the greater the need for services. If
claimants have the same scores, and there are not sufficient
opportunities to participate in reemployment services, States must
randomly select among those claimants for referral to assure claimants
are treated equitably and the profiling system is legally defensible.
Since claimants identified through characteristic screening cannot be
ranked, States using this system must also randomly select from among
the identified claimants for referrals. Under the authority granted by
Section 303(j)(1)(D), SSA, which allows the Secretary to establish
other requirements as are determined appropriate, the Department has
determined that random selection is required for use in profiling
systems.
The Department encourages the use of statistical models since they
are more efficient and precise in identifying claimants as well as
easier to manage and adapt. However, States may use characteristic
screening. Whichever system is used, each State must assure that the
system implemented in fact identifies claimants who are permanently
laid off and unlikely to return to work in either their previous
industry or occupation.
9. The Selection Pool. Under the profiling system anticipated by
the Department (see item 4), all claimants identified in accordance
with the requirements of Section 303(j)(1), SSA, will be either
immediately referred to reemployment services or, if services are not
available, placed in a selection pool. Claimants in the selection pool
may be referred to services at a latter date.
As noted in the background section, early intervention is one of
the principal aims of the worker profiling and reemployment services
initiative. Holding claimants in the pool for more than a minimum
period of time will not achieve this early intervention. Therefore, the
Department recommends that claimants be removed from the selection pool
after 4 weeks.
In addition, the Department recognizes that large-scale permanent
layoffs and plant closings do not occur at regular intervals.
Therefore, there may be times when a State elects to retain claimants
in the pool for longer periods. States may also elect to vary the
length of time individuals are held in the pool by locality within the
State.
10. Notifications of Referrals to Reemployment Services.
Notification to claimants of referrals to reemployment services should
occur only if a referral is actually made. (It is not necessary to
notify claimants that they have been placed in the selection pool since
they are not required to take any action until a referral is made.)
These notification and referral notices must be in writing and must
advise claimants:
That they have been identified as likely to need
reemployment services in order to make a successful transition to
new employment.
When and where to report for the services.
To bring all relevant information concerning ongoing or
recently completed reemployment services or current training in
which they have participated and believe would help them return to
work. Alternatively, States may choose to have certain claimants,
such as those already in training, contact the UI agency first.
Either way, the notice must clearly explain what information the
claimant is expected to provide and to whom.
That failure to participate in reemployment services
may result in denial of UI.
Each State must maintain a record of each claimant referral
notification in the same manner that it would any other formal
correspondence that is pertinent to the adjudication of UI eligibility
issues.
11. Adjudication of Issues Associated With Profiling and
Reemployment Services
a. Participation Requirement. Section 303(a)(10), SSA, creates a
requirement that ``as a condition of eligibility for regular
compensation for any week, any claimant who has been referred to
reemployment services * * * participate in such services or similar
services.'' (Emphasis added.) The Department interprets the phrase
``for any week'' to mean that a claimant must participate in
reemployment services (as defined in item 6 above) only during the week
or weeks that the claimant is required to attend. Therefore,
eligibility with respect to participation in reemployment services is
determined on a weekly basis.
Claimants must be held ineligible for any week in which there is a
failure to participate in reemployment services which they are required
to attend unless they: have justifiable cause, have completed such
services, or are attending similar services, as discussed below.
Federal law does not require, however, that the maximum UI benefit
amount be reduced.
Federal law does not require State UI laws to provide for a finding
of ineligibility when claimants are no longer required to participate.
For example, a claimant may refuse to participate during one week and
be held ineligible for that week. If the claimant is required to
participate the next week and again refuses, then the claimant will
continue to be ineligible. However, if the claimant is not required to
participate the next week, then there is no failure to participate and
the State is not required to find the claimant ineligible. Similarly, a
claimant who has refused to participate in available services and has
been held ineligible may later agree to participate. In this case, if
the services are no longer available to the claimant, Federal law does
not require the claimant to be held ineligible for any additional weeks
since there is no longer a failure to participate.
There is also no failure to participate when the service provider
relieves claimants of the requirement that they attend. This may occur
when, for example, a claimant notifies a provider of an inability to
participate due to a family emergency and the service provider advises
the claimant that it is not necessary to participate. (Note: This may
raise an availability issue for the week(s) in question. This is why
service providers must provide information concerning availability
under item 5.b. above.)
Claimants are not required to be held ineligible if the failure to
participate is minimal and does not significantly affect their ability
to benefit from the reemployment services in attempting to obtain new
work. For example, if a claimant misses one hour of an eight hour
seminar, the State may find that this limited absence is not a failure
to participate.
b. Similar Services. Under Section 303(a)(10), SSA, a claimant
referred under the profiling system is not required to participate in
reemployment services if the claimant is participating in ``similar
services.''
``Similar services'' are reemployment services that claimants are
attending on their own initiative. Examples of ``similar services''
include, but are not limited to, services offered by a company prior to
a permanent layoff or services offered by private employment agencies.
The ``similar services'' need not be identical to those to which the
claimant was referred by the State; they need be only reasonably
similar. The quality of the services being provided should be a
relevant factor in determining whether the services are ``similar.''
Under the Secretary's Standard for Claim Determinations, the UI
agency is required to obtain and record such information as will
reasonably insure the payment of benefits to individuals when due.
Therefore, the UI agency must perform sufficient factfinding to
determine if, in fact, the services are similar. This means the UI
agency must determine, among other things, to what services the
claimant was referred and what the ``similar services'' are which the
claimant is (or will be) attending.
c. Exceptions to Participation Requirement. Section 303(a)(10),
SSA, contains two exceptions to the participation requirement. The
first is whether the claimant has completed such services. The second
is whether ``justifiable cause'' exists for the claimant's failure to
participate in the services. (Note: As indicated in item 11.b, there is
no participation requirement if claimants are participating in similar
services.)
(1) Completion of ``Such Services.'' Section 303(a)(10)(A) provides
that a claimant who has completed ``such services'' is not required to
participate in services to which the claimant has been referred. How
recently the services were completed should be considered in making
this determination since, for example, certain approaches to finding a
job may have changed due to changing labor market conditions. Although
the language ``such services'' appears to refer to those services to
which the claimant was referred, it is reasonable to also include the
completion of ``similar services.'' Therefore, the Department
interprets Section 303(a)(10)(A), SSA, as allowing States to consider
the completion of ``similar services'' as the completion of ``such
services.''
(2) Justifiable Cause. Section 303(a)(10)(B) provides that a
claimant who has ``justifiable cause'' is not required to participate
in services to which the claimant has been referred. As noted in (1)
above, although the language ``such services'' appears to refer to
those services to which the claimant was referred, it is reasonable to
also include the completion of ``similar services.'' Otherwise,
claimants attending ``similar services'' would not be relieved of the
requirement to participate when justifiable cause exists. Therefore,
the Department interprets Section 303(a)(10)(B), SSA, as allowing
States to consider justifiable cause as a reason for not participating
in ``similar services.''
For purposes of ensuring consistency with Section 303(a)(10), SSA,
States must apply the ``reasonable person'' test in determining if
justifiable cause exists for failure to participate. That is, States
must determine if the reasons offered by claimants for failure to
participate are such that a reasonable person would not have
participated. As in other areas where the ``reasonable person'' test is
used, such as failure to report to the UI office as required, States
must expect the claimants take the actions a prudent and reasonable
person would take prior to concluding that participation is not
possible. For example, although a reasonable person would not be
expected to leave children at home unattended, a reasonable person
would also be expected to make an effort to obtain child care.
A finding of justifiable cause will last only for the period the
justifiable cause is relevant. For example, justifiable cause due to
short term illness will last only for the period of the illness. There
may be cases when the State determines that the justifiable cause
continues for a longer period or through the life of the claim, for
example, when the claimant is in approved training under State law.
(Note: The Department anticipates that claimants in approved training
will not be required to participate in reemployment services while they
are in training.)
d. Relation of Participation Requirement to Other State Eligibility
Requirements. Depending on the nature and extent of the reemployment
services in which the claimant is participating, States should apply
other eligibility requirements in such a way as to not overly burden
the claimant. For example, the State may choose to reduce the number of
work search contacts required or relieve the claimant of the work
search requirement during a period of participation in reemployment
services, as appropriate.
As noted in UIPL 13-94, Change 1, the justifiable cause exception
does not supersede State able and available requirements, but rather is
an additional eligibility requirement related to participation in
reemployment services. Claimants may be determined to have justifiable
cause for failure to participate in reemployment services; however,
they must still meet a State's able and available requirements to be
eligible for UI. For example, although a claimant who is ill may have
justifiable cause for failure to participate in reemployment services,
the claimant is still subject to the State's able and available
requirements and may, as a result, be ineligible for UI.
e. Appeal Rights. Under paragraphs (1) and (3) of Section 303(a),
SSA, any eligibility determination that a claimant has failed to
participate in reemployment services must be appealable. In addition,
all determinations of UI eligibility must contain appeal rights in
accordance with the Secretary's Standard for Claim Determinations.
Although States must allow claimants to appeal denials for failure
to participate in orientation and assessment, States are not required
to permit claimants to contest the propriety of the referral to
orientation and assessment. Orientation and assessment are aimed at
determining what, if any, additional reemployment services may be
needed by the claimants. Obviously, if claimants do not report, this
determination cannot be made. In this regard, referrals to orientation
and assessment are similar to reporting and ``call-in'' requirements.
Claimants must, however, be allowed to question whether any
services tailored to the individual are, in fact, needed. If any
evidence appears at any stage of the nonmonetary determination or
appeals process indicating that the claimant does not need these
services, the UI agency must take the initiative in determining whether
the referral was proper. If it is found not to be proper, then the
participation requirement does not apply and there is no need to
address exceptions such as justifiable cause.
12. Feedback and Reporting. Section 303(j)(1)(C), SSA, requires
that States collect follow-up information relating to the reemployment
services received by the referred claimants and the employment outcomes
for these claimants. This information is to be used in refining the
profiling system. Section 303(a)(6), SSA, also requires the States to
provide ``such reports, in such form and containing such information as
the Secretary of Labor may from time to time require * * *.''
Under these authorities, States will be required to submit
information concerning profiling to the Department. This UIPL does not
address what information must be collected or reported. Specific
instructions for reporting any information on services and outcomes
will be issued as changes to ETA Handbook 401, ``Unemployment Insurance
Reports Handbook''.
13. Action Required. Administrators are requested to provide this
information to the staff developing the worker profiling and
reemployment services system.
14. Inquiries. Inquiries should be directed to the appropriate
Regional Office.
15. Attachment. Sections 303(j)(1) and 303(a)(10), SSA.
Attachment to UPIL
Sections 303(j)(1) and 303(a)(10), SSA
1. Section 303(j)(1), SSA--Establishment of Profiling System
The State agency charged with the administration of the State law
shall establish and utilize a system of profiling all new claimants for
regular compensation that--
(A) Identifies which claimants will be likely to exhaust regular
compensation and will need job search assistance services to make a
successful transition to new employment;
(B) Refers claimants identified pursuant to subparagraph (A) to
reemployment services, such as job search assistance services,
available under any State or Federal law;
(C) Collects follow-up information relating to the services
received by such claimants and the employment outcomes for such
claimants subsequent to receiving such services and utilizes such
information in making identifications pursuant to subparagraph (A); and
(D) Meets other requirements as the Secretary of Labor determines
are appropriate.
2. Section 303(a)(10), SSA--Participation Requirement
[State law must contain] (10) A requirement that, as a condition of
eligibility for regular compensation for any week, any claimant who has
been referred to reemployment services pursuant to the profiling system
under subsection (j)(1)(B) participate in such services or in similar
services unless the State agency charged with the administration of the
State law determines--
(A) Such claimant has completed such services; or
(B) There is justifiable cause for such claimant's failure to
participate in such services.
[FR Doc. 94-21732 Filed 9-1-94; 8:45 am]
BILLING CODE 4510-30-M
Complete official Federal Register PDF
FR Doc. 94-21731 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21731]
[[Page Unknown]]
[Federal Register: September 2, 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 show below, not
later than September 12, 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
September 12, 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 22nd day of August, 1994.
Violet Thompson,
Deputy Director, Office of Trade Adjustment Assistance.
Appendix
----------------------------------------------------------------------------------------------------------------
Petitioner (union/ Date Date of Petition
workers/firm) Location received petition No. Articles produced
----------------------------------------------------------------------------------------------------------------
Chock Full O'Nuts Mebane, NC.............. 08/22/94 08/11/94 30,220 Iced Tea Mix and Fruit
(Wkrs). Drinks.
Keyes Fibre Co (Wkrs).. Sacramento, CA.......... 08/22/94 07/08/94 30,221 Rough-Molded Products.
Eaton Corp (IAMAW)..... Kenosha, WI............. 08/22/94 08/11/94 30,222 Adjustable Frequency
Electronics.
Brown Shoe Co (Trenton Trenton, TN............. 08/22/94 08/08/94 30,223 Ladies' and Childrens'
Warehouse) (Wkrs). Shoes.
Apollo Dye (ACTWU)..... Paterson, NJ............ 08/22/94 08/01/94 30,224 Fabric Printing.
Oshkosh Truck Corp Oshkosh, WI............. 08/22/94 08/09/94 30,225 Large Heavy Duty
(UAW). Trucks.
C.R. Bard Urological Wausau, WI.............. 08/22/94 08/10/94 30,226 Urological Devices.
Div (Wkrs).
Syntrex Technologies Eatontown, NJ........... 08/22/94 08/12/94 30,227 Computers.
(Wkrs).
Buchmann Optical, Inc Oakland, MD............. 08/22/94 08/11/94 30,228 Glass Lenses.
(Co).
Maui Pineapple Co., Inc Kahului, HI............. 08/22/94 08/08/94 30,229 Processing and Canning
(ILWU). Pineapple.
Ansewn Shoe Co (Wkrs).. Bangor, ME.............. 08/22/94 08/05/94 30,230 Footwear.
Technetwork, Inc (Wkrs) Rainier, OR............. 08/22/94 08/01/94 30,231 Diskett Production
Machinery.
Sealy/Sterns and Foster Miami, FL............... 08/22/94 08/10/94 30,232 Mattresses.
Mattress (Co).
Saba Energy of Texas, Midland, TX............. 08/22/94 08/02/94 30,233 Oil and Gas.
Inc (Wkrs).
Pacamor Kubar (Co)..... Troy, NY................ 08/22/94 07/20/94 30,234 Miniature Bearings.
Hazleton Pumps, Inc Hazleton, PA............ 08/22/94 08/05/94 30,235 Certrifugal Pumps.
(GMP).
Favor-Eats (Wkrs)...... McConnellsburg, PA...... 08/22/94 08/10/94 30,236 Rawhide Treats for
Dogs and Birds.
Cohen Bros. Dress Corp New York, NY............ 08/22/94 08/04/94 30,237 Women's Dresses.
(Co).
Calvin Clothing (Wkrs). New Bedford, MA......... 08/22/94 07/26/94 30,238 Men's and Boys' Coats,
Suits and Pants.
Catoosa Knitting Mills, Crossville, TN.......... 08/22/94 08/08/94 30,239 Men's Sweaters.
Inc (Co).
Albee Textile (Co)..... New York, NY............ 08/22/94 08/08/94 30,240 Dress Shirts.
AlliedSignal, Inc Danville, IL............ 08/22/94 08/10/94 30,241 Fluorocarbons.
(ICWU).
Moss, Inc (Wkrs)....... Camden, ME.............. 08/22/94 08/02/94 30,242 Camping Tents.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 94-21731 Filed 9-1-94; 8:45 am]
BILLING CODE 4510-30-M
Complete official Federal Register PDF
FR Doc. 94-21730 Koch Gathering Systems, Incorporated (KGSI), Trenton, ND; Dismissal of Application for Reconsideration
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
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[FR Doc No: 94-21730]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF LABOR
[TA-W-29,764]
Koch Gathering Systems, Incorporated (KGSI), Trenton, ND;
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 Koch Gathering Systems, Inc.,
Trenton, North Dakota. 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-29,764; Koch Gathering Systems, Inc., (KGSI) Trenton, North
Dakota (August 25, 1994)
Signed at Washington, DC, this 25th day of August, 1994.
Violet L. Thompson,
Deputy Director, Office of Adjustment Assistance.
[FR Doc. 94-21730 Filed 9-1-94; 8:45 am]
BILLING CODE 4510-30-M
Complete official Federal Register PDF
FR Doc. 94-21729 Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and NAFTA Transitional Adjustment Assistance
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21729]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF LABOR
Determinations Regarding Eligibility To Apply for Worker
Adjustment Assistance and NAFTA Transitional Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended, the Department of Labor herein presents summaries of
determinations regarding eligibility to apply for trade adjustment
assistance for workers (TA-W) issued during the period of August, 1994.
In order for an affirmative determination to be made and a
certification of eligibility to apply for worker adjustment assistance
to be issued, each of the group eligibility requirements of Section 222
of the Act must be met.
(1) that a significant number or proportion of the workers in the
workers' firm, or an appropriate subdivision thereof, have become
totally or partially separated,
(2) that sales or production, or both, of the firm or subdivision
have decreased absolutely, and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or appropriate
subdivision have contributed importantly to the separations, or threat
thereof, and to the absolute decline in sales or production.
Negative Determinations for Worker Adjustment Assistance
In each of the following cases the investigation revealed that
criterion (3) has not been met. A survey of customers indicated that
increased imports did not contribute importantly to worker separations
at the firm.
TA-W-29,927; Walker Manufacturing Co., Hebron, OH
TA-W-29,589; Wordperfect Corp., Oren, UT
TA-W-29,919; Pennzoil Products Co., Bradford, PA
TA-W-29,967; AlliedSignal Guidance Control Systems, Lakewood, CA
TA-W-29,980; Martin Marietta Corp., Government Electronic Systems,
Morrestown, NJ
In the following cases, the investigation revealed that the
criteria for eligibility have not been met for the reasons specified
TA-W-29,974; Vic Manufacturing Co., Minneapolis, MN
The workers' firm does not produce an article as required for
certification under Section 222 of the Trade Act of 1974.
TA-W-29,854; Infotec Development, Inc., Portland, OR
The workers' firm does not produce an article as required for
certification under Section 222 of the Trade Act of 1974.
TA-W-29,972; Clorox Corp., Jersey City, NJ
Increased imports did not contribute importantly to worker
separations at the firm.
TA-W-29,948; Puritan-Bennett, Boulder, CO
Increased imports did not contribute importantly to worker
separations at the firm.
TA-W-30,055; Portac, Inc., Tacoma, WA
Increased imports did not contribute importantly to worker
separations at the firm.
TA-W-29,734; Bay, Incorporated (Offshore Division), Corpus Christi, TX
The workers' firm does not produce an article as required for
certification under Section 222 of the Trade Act of 1974
TA-W-29,987; Airpol, Inc., Bakersfield, CA
The workers' firm does not produce an article as required for
certification under Section 222 of the Trade Act of 1974.
Affirmative Determinations for Worker Adjustment Assistance
TA-W-29,779; R. Shrimp, Inc., Aransas Pass, TX
A certification was issued covering all workers separated on or
after March 29, 1993.
TA-W-29,778; R & A, Inc., Aransas Pass, TX
A certification was issued covering all workers separated on or
after March 29, 1993.
TA-W-29,780; Vikki, Inc., Aransas Pass, TX
A certification was issued covering all workers separated on or
after March 29, 1993.
TA-W-29,767; Richard Warren, Inc., New York, NY
A certification was issued covering all workers separated on or
after March 30, 1993.
TA-W-30,108; Vistalite, Lancaster, PA
A certification was issued covering all workers separated on or
after June 30, 1993.
TA-W-29,737; United Industries, Inc., Beloit, WI
A certification was issued covering all workers separated on or
after March 25, 1993.
TA-W-29,765; RDEX, Inc., Russell, KS
A certification was issued covering all workers separated on or
after April 1, 1993.
TA-W-29,581; Revere Transducers, Inc., Wallingford, CT
A certification was issued covering all workers separated on or
after July 19, 1993.
TA-W-29,990; Jorca Manufacturing Corp., Hialeah, FL
A certification was issued covering all workers separated on or
after April 7, 1993.
TA-W-30,153; USA Classic, Inc., Stantonville, TN
A certification was issued covering all workers separated on or
after July 18, 1993.
TA-W-29,889; American Battery Tubes, Inc., Weddington, NC (Formerly at
Charlotte, NC)
A certification was issued covering all workers separated on or
after May 11, 1993.
TA-W-29,886; Mascotech Forming Technologies, Roseville, MI
A certification was issued covering all workers separated on or
after May 2, 1993.
TA-W-29,893; Producers Service Corp., Zanesville, OH
A certification was issued covering all workers separated on or
after May 11, 1993.
TA-W-30,093; Lipe Rollway Corp., Liverpool, NY
A certification was issued covering all workers separated on or
after June 22, 1993.
TA-W-29,861; BP Exploration & Oil, Inc., Headquartered in Houston, TX &
Other Locations in the Following States: A; AK, B; LA, C; TX
A certification was issued covering all workers separated on or
after June 5, 1994.
TA-W-30; 109; USA Classic, Inc., Corinth, MS & in the Following Other
Locations A; Berry, AL, B; Waterloo, AL, C; New York, NY
A certification was issued covering all workers separated on or
after July 5, 1993.
TA-W-29,977; USA Classic, Inc., Counce, TN
A certification was issued covering all workers separated on or
after May 13, 1993.
TA-W-30,031 & A, B; Halliburton Energy Services (A Halliburton
Company), Abilene, TX, Houston, TX & All Other Operations in the State
of TX
A certification was issued covering all workers separated on or
after June 14, 1993.
TA-W-30,010 & A, TA-W-30,011, TA-W-30,012 & A; Halliburton Energy
Services (A Halliburton Company), Northslope, AK, & All Other
Operations in the State of AK, Northport, AL, Fort Smith, AR, & All
other Operations in the State of AR
A certification was issued covering all workers separated on or
after June 14, 1993.
TA-W-30,013 & A, TA-W-30,014 & A; Halliburton Energy Services (A
Halliburton Company) Bakersfield, CA & All Other Operations in the
State of CA, Brighton, CO & All Other Operations in the State of CO
A certification was issued covering all workers separated on or
after June 14, 1993.
TA-W-30,015, TA-W-30,016 & A, TA-W-30,017, TA-W-30,018 & A; Halliburton
Energy Services (A Halliburton Company), Jay, FL, FLora, IL & All Other
Operations in the State of IL, Evansville, IN, Great Bend, KS & All
Other Operations in the State of IN
A certification was issued covering all workers separated on or
after June 14, 1993.
TA-W-30,019, TA-W-30,020 & A, TA-W-30,021 & A, TA-W-30,022 & A;
Halliburton Energy Services (A Halliburton Company), Paintsville, KY,
Abbeville, LA & All Other Operations in the State of LA, Kalkaska, MI &
All Other Operations in the State of MI, Jackson, MS & All Other
Operations in the State of MS
A certification was issued covering all workers separated on or
after June 14, 1993.
TA-W-30,023, TA-W-30,024, TA-W-30,025, TA-W-30,026 & A; Halliburton
Energy Services (A Halliburton Company), Havre, MT, Swannanoa, NC,
Williston, ND, Artesia, NM & All Other Operations in the State of NM
A certification was issued covering all workers separated on or
after June 14, 1993.
TA-W-30,027 & A, TA-W-30,028 & A, TA-W-20,029 & A, TA-30,030;
Halliburton Energy Services (A Halliburton Company), Cambridge, OH &
All Other Operations in the State of OH, Burnsflat, OK & All Other
Operations in the State of OK, Grove City, PA & All Other Operations in
the State of PA, Helenwood, TN
A certification was issued covering all workers separated on or
after June 14, 1993.
TA-W-30,032, TA-W-30,033, TA-W-30,034, TA-W-30,035 & A, TA-W-30,036 &
A; Halliburton Energy Services, (A Halliburton Company), Vernal, UT,
Norton, VA, Kirkland, WA, Blue Creek, WV & All Other Operations in the
State of WV & All Other Operations in the State of WV, Casper, WY & All
Other Operations in the State of WY
A certification was issued covering all workers separated on or
after June 14, 1993.
TA-W-30,141; Julius Simon Ruffolo, Inc., Belton, SC
A certification was issued covering all workers separated on or
after July 12, 1993.
TA-W-30,076; Friskies Petcare Co., Plymouth, MA
A certification was issued covering all workers separated on or
after June 20, 1993.
TA-W-29,522; Bull HN Information Systems, Inc., Billerica, MA
A certification was issued covering all workers separated on or
after February 4, 1993.
TA-W-29,860, TA-W-29,860A & B; Bull HN Information Systems, Inc.,
Lawrence, MA, Brighton, MA, Phoenix, AZ
A certification was issued covering all workers separated on or
after April 25, 1993.
Also, pursuant to Title V of the North American Free Trade
Agreement Implementation Act (P.L. 103-182) concerning transitional
adjustment assistance hereinafter called (NAFTA-TAA) and in accordance
with Section 250(a) Subchapter D, Chapter 2, Title II, of the Trade Act
as amended, the Department of Labor presents summaries of
determinations regarding eligibility to apply for NAFTA-TAA issued
during the month of August 1994.
In order for an affirmative determination to be made and a
certification of eligibility to apply for NAFTA-TAA the following group
eligibility requirements of Section 250 of the Trade Act must be met:
(1) that a significant number or proportion of the workers in the
workers' firm, or an appropriate subdivision thereof, (including
workers in any agricultural firm or appropriate subdivision thereof)
have become totally or partially separated from employment and either--
(A) that sales or production, or both, of such firm or subdivision
have decreased absolutely,
(B) that imports from Mexico or Canada of articles like or directly
competitive with articles produced by such firm or subdivison have
increased.
(C) that the increase in imports contributed importantly to such
workers' separations or threat of separation and to the decline in
sales or production of such firm or subdivison; or
(2) that there has been a shift in production by such workers' firm
or subdivision to Mexico or Canada of articles like or directly
competitive with articles which are produced by the firm or
subdivision.
Negative Determinations NAFTA-TAA
NAFTA-TAA-000178; Leggett & Platt, Inc., Fashion Bed Group, Chicago, IL
The investigation revealed that criteria (3) & criteria (4) were
not met. There was no shift in production from the workers' firm to
Mexico or Canada during the relevant period. The investigation revealed
that production declined at the subject firm in 1993 & during the first
six months of 1994 & that company imports & beds & accessories
increased during these time periods. However, the company imports were
not from Mexico or Canada.
NAFTA-TAA-00180; Occidental Chemical Corp., Agricultural Products
Group, White Springs, FL
The investigation revealed that criteria (1) was not met in
conjunction with the requirements of Section 506(b)(2) of the Act. No
worker separations occurred at the subject firm on or after December 8,
1993, the earliest reachback date for coverage under the NAFTA-TAA
program.
NAFTA-TAA-00174; Keyes Fibre Co., Van Leer Corp., Sacramento, CA
The investigation revealed that criteria (3) and criteria (4) were
not met. Worker separations at the Sacramento, CA plant of Keyes Fibre
Co were a result of a corporate restructuring effort to utilize more
efficiently the capacity of all company plants. The production of
rough-molded products & smooth-molded FoodService products was
transferred from the subject plant to other domestic plants of Keyes
Fibre Co.
NAFTA-TAA-00179; Pet Connection, Gun Barrel City, TX
The investigation revealed that the workers of the subject firm did
not produce an article within the meaning of the Act. The Department of
Labor has consistently determined that the performance of services did
not constitute production of an article as required by the Trade Act of
1974.
Affirmative Determinations NAFTA-TAA
NAFTA-TAA-00177; Bell Sports, Inc., Vistalite Div., Lancaster, PA
A certification was issued covering all workers of VistaLite
Division of Bell Sports, Inc., Lancaster, PA, separated on or after
December 8, 1993.
NAFTA-TAA-00176; A.O. Smith Electrical Products Co., Mebane, NC
A certification was issued covering all workers engaged in
employment related to the production of fractional horsepower motors on
Lones 720 and 722 at the Mebane NC plant of A.O. Smith Electrical
Products Co separated on or after December 8, 1993.
I hereby certify that the aforementioned determinations were issued
during the month of August, 1994. Copies of these determinations are
available for inspection in Room C-4318, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210 during normal business
hours or will be mailed to persons who write to the above address.
Dated: August 24, 1994.
Violet L. Thompson,
Deputy Director, Office of Trade Adjustment Assistance.
[FR Doc. 94-21729 Filed 9-1-94; 8:45 am]
BILLING CODE 4510-30-M
Complete official Federal Register PDF
FR Doc. 94-21728 Investigations Regarding Certifications of Eligibility to Apply for NAFTA Transitional Adjustment Assistance
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21728]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF LABOR
Investigations Regarding Certifications of Eligibility to Apply
for NAFTA Transitional Adjustment Assistance
Petitions for transitional adjustment assistance under the North
American Free Trade Agreement-Transitional Adjustment Assistance
Implementation Act (Pub. L. 103-182), hereinafter called (NAFTA-TAA),
have been filed with State Governors under Section 205(a) of Subchapter
D, Chapter 2, Title II, of the Trade Act of 1974, as amended, are
identified in the Appendix to this Notice. Upon notice from a Governor
that a NAFTA-TAA petition has been received, the Director of the Office
of Trade Adjustment Assistance (OTAA), Employment and Training
Administration (ETA), Department of Labor (DOL), announces the filing
of the petition and takes actions pursuant to paragraphs (c) and (e) of
Section 250 of the Trade Act.
The purpose of the Governor's actions and the Labor Department's
investigations are to determine whether the workers separated from
employment after December 8, 1993 (date of enactment of Pub. L. 103-
182) are eligible to apply for NAFTA-TAA under Subchapter D of the
Trade Act because of increased imports from or the shift in production
to Mexico or Canada.
The petitioners or any other persons showing a substantial interest
in the subject matter of the investigations may request a public
hearing with the Director of OTAA at the U.S. Department of Labor (DOL)
in Washington, DC, provided such request is filed in writing with the
Director of OTAA not later than September 12, 1994.
Also, interested persons are invited to submit written comments
regarding the subject matter of the petitions to the Director of OTAA
at the address shown below not later than September 12, 1994.
Petitions filed with the Governors are available for inspection at
the Office of the Director, OTAA, ETA, DOL, Room C-4318, 200
Constitution Avenue NW., Washington, DC 20210.
Signed at Washington, DC, this 24th day of August 1994.
Violet Thompson,
Deputy Director, Office of Trade Adjustment Assistance.
Appendix
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date
received at
Petitioner (union/workers/firm) Location governor's Petition No. Articles produced
office
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slaks Fifth Ave; USA Enterprises (Wkrs). New York, NY..................... 08/09/94 NAFTA-00202......... Men's and boy's slacks, shorts and
jeans.
Catoosa Knitting Mills Inc. (Co.)....... Crossville, TN................... 08/10/94 NAFTA-00203......... Men's sweaters.
Knight Engineering & Plastics, Inc. Arlington Heights, IL............ 08/10/94 NAFTA-00204......... Plastic caps.
(IAM).
Howes Leather Co, Inc.; Durbin Div. Bartow, WV....................... 08/11/94 NAFTA-00205......... Sole leather.
(Wkrs).
Brown Shoe Company; Tranton Warehouses ( Trenton, TN...................... 08/11/94 NAFTA-00206......... Shoes.
).
Smith Corona Corporation (Wkrs)......... Cortland, NY..................... 08/12/94 NAFTA-00207......... Typewriters and wordprocessors.
AT&T; AT&T Network Systems (CWA)........ Amherst, NY...................... 08/12/94 NAFTA-00208......... Telecommunication network installation.
C.R. Bard; Urological Wausau (Wkrs)..... Wausau, WI....................... 08/12/94 NAFTA-00209......... Drainage bags and leg bags.
Select Flowers (Co.).................... Hendersonville, NC............... 08/16/94 NAFTA-00210......... Flowers.
Alfred Angelo, Inc. (ILGWU)............. Horsham, PA...................... 08/19/94 NAFTA-00211......... Bridal and bridesmaids gowns.
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[FR Doc. 94-21728 Filed 9-1-94; 8:45 am]
BILLING CODE 4510-30-M
Complete official Federal Register PDF
FR Doc. 94-21727 Ameriplas, Inc., Charlotte, NC; Notice of Termination of Investigation
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21727]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF LABOR
[NAFTA-00175]
Ameriplas, Inc., Charlotte, NC; Notice of Termination of
Investigation
Pursuant to Title V of the North American Free Trade Agreement
Implementation Act (Pub. L. 103-182) concerning transitional adjustment
assistance, hereinafter called (NAFTA-TAA), and in accordance with
Section 250(a), Subchapter D, Chapter 2, Title II, of the Trade Act of
1974, as amended (19 U.S.C. 2273), an investigation was initiated on
July 11, 1994 in response to a petition filed on behalf of workers at
Ameriplas, Inc. in Charlotte, North Carolina. The firm produced plastic
extrusions for vertical blinds.
The investigation revealed that there have been no employees of the
subject firm during the relevant time period. Consequently, further
investigation in this case would serve no purpose, and the
investigation has been terminated.
Signed at Washington, DC, this 23rd day of August 1994.
Violet L. Thompson,
Deputy Director, Office of Trade Adjustment Assistance.
[FR Doc. 94-21727 Filed 9-1-94; 8:45 am]
BILLING CODE 4510-30-M
Complete official Federal Register PDF
FR Doc. 94-21726 Sola Optical, USA, Inc., Muskogee, OK; Notice of Affirmative Determination Regarding Application for Reconsideration
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21726]
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DEPARTMENT OF LABOR
[TA-W-29,720]
Sola Optical, USA, Inc., Muskogee, OK; Notice of Affirmative
Determination Regarding Application for Reconsideration
On July 19, 1994, the petitioners requested administrative
reconsideration of the Department of Labor's Notice of Negative
Determination Regarding Eligibility to Apply for Worker Adjustment
Assistance for workers at the subject firm. The Department's Negative
Determination was issued on June 27, 1994 and published in the Federal
Register on July 19, 1994 (59 FR 36792).
The petitioners claim that they were affected by a shift in
production to Mexico and consequently, increased imports.
Conclusion
After careful review of the application, I conclude that the claim
is of sufficient weight to justify reconsideration of the Department of
Labor's prior decision. The application is, therefore, granted.
Signed at Washington, DC, this 22nd day of August 1994.
James D. Van Erden,
Administrator, Office of Work-Based Learning.
[FR Doc. 94-21726 Filed 9-1-94; 8:45 am]
BILLING CODE 4510-30-M
Complete official Federal Register PDF
FR Doc. 94-21725 Nike, Inc., Beaverton, OR; Notice of Negative Determination Regarding Application for Reconsideration
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21725]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF LABOR
[TA-W-30,000]
Nike, Inc., Beaverton, OR; Notice of Negative Determination
Regarding Application for Reconsideration
By an application dated August 5, 1994, one of the petitioners
requested administrative reconsideration of the subject petition for
trade adjustment assistance. The denial notice was signed on July 15,
1994 and published in the Federal Register on July 28, 1994 (59 FR
38494).
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.
The findings show that the headquarters for Nike, Inc., is in
Beaverton, Oregon. The Beaverton workers are engaged in marketing
services, administrative functions, retail servicing and research and
development.
The investigation findings show that Nike does not produce products
directly but contracts with non-affiliated firms for the production of
athletic and casual footwear, apparel and sports accessories.
The Department's denial was based on the fact that the Beaverton
workers do not produce an article within the meaning of Section 223 of
the Trade Act. The Department has consistently determined that the
performance of services does not constitute the production of an
article as required by Section 222 of the Trade Act, and this
determination has been upheld in the U.S. Court of Appeals.
Only in very limited instances are marketing and other support
workers certified for trade adjustment assistance (TAA), namely the
worker separations must be caused by a reduced demand for their
services from a parent or controlling firm or subdivision whose workers
produce an article and who are currently under a certification for TAA.
These conditions were not met for the workers at Nike, Inc., in
Beaverton, Oregon.
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 22nd day of August 1994.
James D. Van Erden,
Administrator, Office of Work-Based Learning.
[FR Doc. 94-21725 Filed 9-1-94; 8:45 am]
BILLING CODE 4510-30-M
Complete official Federal Register PDF
FR Doc. 94-21724 Arco Oil and Gas Co.; Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21724]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF LABOR
Employment and Training Administration
Arco Oil and Gas Co.; Amended Certification Regarding Eligibility
to Apply for Worker Adjustment Assistance
TA-W-29,431 Atlantic Richfield Company, Dallas, Texas
TA-W-29,431A Arco Natural Gas Marketing, Dallas, Texas
TA-W-29,431B Arco Natural Gas Marketing, Houston, Texas
TA-W-29,432 Arco Permian, Midland, Texas and operating in the
following States:
TA-W-29,432A Colorado
TA-W-29,432B Kansas
TA-W-29,432C Michigan
TA-W-29,432D New Mexico
TA-W-29,432E Oklahoma
TA-W-29,432F Texas
TA-W-29,432G Wyoming
TA-W-29,433 Atlantic Richfield Company, Houston, Texas and
operating in the following States:
TA-W-29,433A Arkansas
TA-W-29,433B Alabama
TA-W-29,433C Louisiana
TA-W-29,433D Texas
Arco Western Energy
TA-W-29,434 Bakersfield, California
TA-W-29,434A California, except Bakersfield
TA-W-29,435 Arco Exploration and Production Technology, Plano,
Texas
In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273) the Department of Labor issued a Notice of Certification
Regarding Eligibility to apply for Worker Adjustment Assistance on
April 13, 1994. The notice was published in the Federal Register on May
11, 1994 (59 FR 24483).
The Department, on its own motion, is amending the subject
certification to include all workers of ARCO Natural Gas Marketing,
Inc., Dallas and Houston, Texas. New findings show that ARCO Natural
Gas Marketing functions as part of the production process for its
parent company, ARCO Oil and Gas.
The intent of the Department's certification is to include all
workers of ARCO Oil and Gas who were affected by increased imports of
crude oil and natural gas.
The amended notice applicable to TA-W-29,431 through TA-W-29,435 is
hereby issued as follows:
All workers of ARCO Oil and Gas Company at the following locations:
Atlantic Richfield Company, Dallas, Texas (TA-W-29,431); ARCO Natural
Gas Marketing Inc., Dallas and Houston, Texas (TA-W-29,431A-29,431B);
ARCO Permian, Midland, Texas (TA-W-29,432) and operating in the
following States: Colorado, Kansas, Michigan, New Mexico, Oklahoma,
Wyoming and Texas; Atlantic Richfield Company, Houston, Texas (TA-W-
29,433) and operating in the following States: Arkansas, Alabama,
Louisiana and Texas; ARCO Western Energy, Bakersfield, California (TA-
W-29,434) and California except Bakersfield (TA-W-29,434A) and ARCO
Exploration and Production Technology, Plano, Texas, (TA-W-29,435) who
became totally or partially separated from employment on or after
February 21, 1994 are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, DC this 22nd day of August 1994.
Violet L. Thompson,
Deputy Director, Office of Trade Adjustment Assistance.
[FR Doc. 94-21724 Filed 9-1-94; 8:45 am]
BILLING CODE 4510-30-M
Complete official Federal Register PDF
FR Doc. 94-21721 Proposed Withdrawal and Opportunity for Public Meeting; New Mexico
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21721]
[[Page Unknown]]
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DEPARTMENT OF THE INTERIOR
[NM-070-4210-06; NMNM 91452]
Proposed Withdrawal and Opportunity for Public Meeting; New
Mexico
agency: Bureau of Land Management, Interior.
action: Notice.
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summary: The National Park Service proposes to withdraw 25 acres of
public land in McKinley County to preserve and protect the cultural
resources of the Pueblo Pintado community. This notice closes the land
for up to 2 years from surface entry and mining. The land will remain
open to mineral leasing.
dates: Comments and requests for a public meeting must be received by
December 1, 1994.
addresses: Comments and meeting requests should be sent to the New
Mexico State Director, BLM, 1474 Rodeo Road, Santa Fe, New Mexico
87502-0115.
for further information contact: Jerrold E. Crockford, BLM Farmington
District Office, 505-599-6333.
supplementary information: On August 23, 1994, a petition was approved
allowing the National Park Service to file an application to withdraw
the following described public land from settlement, sale, location, or
entry under the general land laws, including the mining laws, subject
to valid existing rights:
New Mexico Principal Meridian
T. 20 N., R. 8 W.,
Sec. 10, W\1/2\W\1/2\NW\1/4\SE\1/4\, W\1/2\NW\1/4\SW\1/4\SE\1/
4\, and SW\1/4\SW\1/4\SE\1/4\.
The area described contains approximately 25 acres in McKinley
County.
The purpose of the proposed withdrawal is to preserve and protect
the cultural resources and perpetuate the natural resources of the
Pueblo Pintado community for future research and public appreciation
and enjoyment.
For a period of 90 days from the date of publication of this
notice, all persons who wish to submit comments, suggestions, or
objections in connection with the proposed withdrawal may present their
views in writing to the New Mexico State Director of the Bureau of Land
Management.
Notice is hereby given that an opportunity for a public meeting is
afforded in connection with the proposed withdrawal. All interested
persons who desire a public meeting for the purpose of being heard on
the proposed withdrawal must submit a written request to the New Mexico
State Director within 90 days from the date of publication of this
notice. Upon determination by the authorized officer that a public
meeting will be held, a notice of the time and place will be published
in the Federal Register at least 30 days before the scheduled date of
the meeting.
The application will be processed in accordance with the
regulations set forth in 43 CFR part 2300.
For a period of 2 years from the date of publication of this notice
in the Federal Register, the land will be segregated as specified above
unless the application is denied or canceled or the withdrawal is
approved prior to that date. The temporary uses which may be permitted
during this segregative period are Section 15 grazing leases.
Michael J. Pool,
Farmington District Office.
[FR Doc. 94-21721 Filed 9-1-94; 8:45 am]
BILLING CODE 4310-FB-M
Complete official Federal Register PDF
FR Doc. 94-21720 Proposed Withdrawal and Opportunity for Public Meeting; Washington
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21720]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF THE INTERIOR
[OR-943-4210-06; GP4-269; OR-50699 (WASH); 4-00151]
Proposed Withdrawal and Opportunity for Public Meeting;
Washington
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: The National Park Service proposes to withdraw 3.25 acres of
public land to protect the fragile, unique, and endangered resources at
Cape Johnson in Clallam County, Washington. Notice of the proposed
withdrawal has been published which closed the land for up to 2 years
from surface entry, mining, and mineral leasing. This notice provides a
public comment period and the opportunity for a public meeting.
DATES: Comments and requests for a public meeting must be received by
December 1, 1994.
ADDRESSES: Comments and meeting requests should be sent to the Oregon/
Washington State Director, BLM, P.O. Box 2965, Portland, Oregon 97208-
2965.
FOR FURTHER INFORMATION CONTACT: Donna Kauffman, BLM Oregon/Washington
State Office, 503-280-7162.
SUPPLEMENTARY INFORMATION: A Notice of Proposed Withdrawal was
published in the Federal Register, 59 FR 40917-40918, August 10, 1994
(a copy of which will be supplied upon request), which segregated the
land described therein from settlement, sale, location, or entry under
the general land laws, including the mining and mineral leasing laws,
for up to 2 years from the date of publication of that notice.
For a period of 90 days from the date of publication of this
notice, all persons who wish to submit comments, suggestions, or
objections in connection with the proposed withdrawal may present their
views in writing to the State Director at the address indicated above.
Notice is hereby given that an opportunity for a public meeting is
afforded in connection with the proposed withdrawal. All interested
persons who desire a public meeting for the purpose of being heard on
the proposed withdrawal must submit a written request to the State
Director at the address indicated above within 90 days from the date of
publication of this notice. Upon determination by the authorized
officer that a public meeting will be held, a notice of the time and
place will be published in the Federal Register at least 30 days before
the scheduled date of the meeting.
The application will be processed in accordance with the
regulations set forth in 43 CFR Part 2300.
Dated: August 24, 1994.
Robert D. DeViney, Jr.,
Acting Chief, Branch of Lands and Minerals Operations.
[FR Doc. 94-21720 Filed 9-1-94; 8:45 am]
BILLING CODE 4310-33-P
Complete official Federal Register PDF
FR Doc. 94-21719 Notice of Realty Action: Lease/Purchase for Recreation and Public Purposes
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21719]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-930-4210-05; N-58926]
Notice of Realty Action: Lease/Purchase for Recreation and Public
Purposes
AGENCY: Bureau of Land Management, Interior.
ACTION: Recreation and Public Purpose Lease/Purchase.
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SUMMARY: The following described public land in Las Vegas, Clark
County, Nevada has been examined and found suitable for lease/purchase
for recreational or public purposes under the provisions of the
Recreation and Public Purposes Act, as amended (43 U.S.C. 869 et seq.).
The Triune International Church proposes to use the land for church
site, early childhood development/recreation center.
Mount Diablo Meridian, Nevada
T. 22 S., R. 61 E.,
SEC. 10: Lots 44 and 45.
Containing 5.00 acres, more or less.
The land is not required for any federal purpose. The lease/
purchase is consistent with current Bureau planning for this area and
would be in the public interest. The lease/patent, when issued, will be
subject to the provisions of the Recreation and Public Purposes Act and
applicable regulations of the Secretary of the Interior, and will
contain the following reservations to the United States:
1. A right-of-way thereon for ditches or canals constructed by the
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945).
2. All minerals shall be reserved to the United States, together
with the right to prospect for, mine and remove such deposits from the
same under applicable law and such regulations as the Secretary of the
Interior may prescribe.
and will be subject to:
1. Those rights for access road purposes which have been granted to
Clark County by permit No. N-42999 under the Act of October 21, 1976
(43 U.S.C. 1761).
Detailed information concerning this action is available for review
at the office of the Bureau of Land Management, Las Vegas District,
4765 W. Vegas Drive, Las Vegas, Nevada.
Upon publication of this notice in the Federal Register, the above
described land will be segregated from all other forms of appropriation
under the public land laws, including the general mining laws, except
for lease/purchase under the Recreation and Public Purposes Act,
leasing under the mineral leasing laws and disposals under the mineral
material disposal laws.
For a period of 45 days from the date of publication of this notice
in the Federal Register, interested parties may submit comments to the
District Manager, Las Vegas District, P.O. Box 26569, Las Vegas, Nevada
89126. Any adverse comments will be reviewed by the State Director. In
the absence of any adverse comments, the classification of the land
described in this Notice will become effective 60 days from the date of
publication in the Federal Register. The lands will not be offered for
lease/purchase until after the classification becomes effective.
Dated: August 24, 1994.
Gary Ryan,
District Manager, Las Vegas, NV.
[FR Doc. 94-21719 Filed 9-1-94; 8:45 am]
BILLING CODE 4310-HC-M
Complete official Federal Register PDF
FR Doc. 94-21718 Notice of Availability of a Technical/Agency Draft Recovery Plan for Leptocereus Grantianus for Review and Comment
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21718]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of a Technical/Agency Draft Recovery Plan
for Leptocereus Grantianus for Review and Comment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of document availability.
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SUMMARY: The U.S. Fish and Wildlife Service announces availability for
public review of a technical/agency draft recovery plan for Leptocereus
grantianus. This cactus occurs only on Culebra, an island located to
the northeast of Puerto Rico. The species is threatened by
agricultural, residential and tourist development on adjacent uplands
as well as damage from storms. The Service solicits review and comments
from the public on this draft plan.
DATES: Comments on the draft recovery plan must be received on or
before November 1, 1994 to receive consideration by the Service.
ADDRESSES: Persons wishing to review the draft recovery plan may obtain
a copy by contacting Ms. Susan Silander, Caribbean Field Office, P.O.
Box 491, Boqueron, Puerto Rico 00622. Comments and materials received
are available upon request for public inspection, by appointment,
during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT:Ms. Susan Silander, Caribbean Field
Office, P.O. Box 491, Boqueron, Puerto Rico 00622, Telephone: 809/851-
7297.
SUPPLEMENTARY INFORMATION:
Background
Restoring an endangered or threatened species or plant to the point
where it is again a secure, self-sustaining member of its ecosystem is
a primary goal of the U.S. Fish and Wildlife Service's endangered
species program. To help guide the recovery effort, the Service is
working to prepare recovery plans for most of the listed species native
to the United States. Recovery plans describe actions considered
necessary for conservation of the species, establish them, and estimate
time and cost for implementing the recovery measures needed.
The Endangered Species Act of 1973 (Act), as amended (16 U.S.C.
1531 et seq.) requires the development of recovery plans for listed
species unless such a plan would not promote the conservation of a
particular species. Section 4(f) of the Act, as amended in 1988,
requires that public notice and an opportunity for public review and
comment be provided during recovery plan development. The Service and
other Federal agencies will also take these comments into account in
the course of implementing approved recovery plans.
This Technical/Agency Draft is for Leptocereus grantianus, a cactus
endemic to the Culebra, a small island off northeastern Puerto Rico.
Only one population is currently known and consists of approximately 50
individuals. This spineless cactus, reaching up to 2 meters in height
and 3 to 5 centimeters in diameter, occurs in dry thickets along a
rocky shoreline in southwestern Culebra. The populations is threatened
by agricultural, residential, and tourist development on the adjacent
uplands, cutting for use as livestock feed, damage from heavy storm
surge, and possible collection.
Public Comments Solicited
The Service solicits written comments on the recovery plan
described. All comments received by the date specified above will be
considered prior to approval of the plan.
Authority
The authority for this action is Section 4(f) of the Endangered
Species Act, 16 U.S.C. 1531.
Dated: August 25, 1994.
James P. Oland,
Field Supervisor.
[FR Doc. 94-21718 Filed 9-1-94; 8:45 am]
BILLING CODE 4310-55-M
Complete official Federal Register PDF
FR Doc. 94-21717 Records Schedules; Availability and Request for Comments
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21717]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Records Schedules; Availability and Request for Comments
AGENCY: National Archives and Records Administration, Office of Records
Administration.
ACTION: Notice of availability of proposed records schedules; request
for comments.
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SUMMARY: The National Archives and Records Administration (NARA)
publishes notice at least once monthly of certain Federal agency
requests for records disposition authority (records schedules). Records
schedules identify records of sufficient value to warrant preservation
in the National Archives of the United States. Schedules also authorize
agencies after a specified period to dispose of records lacking
administrative, legal, research, or other value. Notice is published
for records schedules that (1) propose the destruction of records not
previously authorized for disposal, or (2) reduce the retention period
for records already authorized for disposal. NARA invites public
comments on such schedules, as required by 44 U.S.C. 3303a(a).
DATES: Request for copies must be received in writing on or before
October 17, 1994. Once the appraisal of the records is completed, NARA
will send a copy of the schedule. The requester will be given 30 days
to submit comments.
ADDRESSES: Address requests for single copies of schedules identified
in this notice to the Records Appraisal and Disposition Division (NIR),
National Archives and Records Administration, Washington, DC 20408.
Requesters must cite the control number assigned to each schedule when
requesting a copy. The control number appears in the parentheses
immediately after the name of the requesting agency.
SUPPLEMENTARY INFORMATION: Each year U.S. Government agencies create
billions of records on paper, film, magnetic tape, and other media. In
order to control this accumulation, agency records managers prepare
records schedules specifying when the agency no longer needs the
records and what happens to the records after this period. Some
schedules are comprehensive and cover all the records of an agency or
one of its major subdivisions. These comprehensive schedules provide
for the eventual transfer to the National Archives of historically
valuable records and authorize the disposal of all other records. Most
schedules, however, cover records of only one office or program or a
few series of records, and many are updates of previously approved
schedules. Such schedules also may include records that are designated
for permanent retention.
Destruction of records requires the approval of the Archivist of
the United States. This approval is granted after a thorough study of
the records that takes into account their administrative use by the
agency of origin, the rights of the Government and of private persons
directly affected by the Government's activities, and historical or
other value.
This public notice identifies the Federal agencies and their
subdivisions requesting disposition authority, includes the control
number assigned to each schedule, and briefly describes the records
proposed for disposal. The records schedule contains additional
information about the records and their disposition. Further
information about the disposition process will be furnished to each
requester.
Schedules Pending
1. Department of Commerce, International Trade Administration (N1-
151-94-1). Records of the Office of the Under Secretary of
International Trade.
2. Office of the Secretary of Defense (N1-330-94-3). Records
relating to the Department of Defense's participation in the Committee
on Foreign Investment in the United States. (Department of Treasury is
the lead agency.)
3. Department of Labor, Office of the Assistant Secretary for
Policy (N1-174-94-1). Regulatory tracking system database.
4. Department of Justice (N1-60-94-5). Case files relating to tax
matters.
5. Department of Justice, Immigration & Naturalization Service (N1-
85-94-2). Employment authorization applications.
6. Department of State, Bureau of Inter-American Affairs (N1-59-94-
3). Routine, facilitative, and duplicative records of the office of the
assistant secretary.
7. Department of State, Bureau of Inter-American Affairs (N1-59-94-
4). Routine, facilitative, and duplicative records of the office of the
Executive Director.
8. Department of State, Bureau of Inter-American Affairs (N1-59-94-
5). Routine, facilitative, and duplicative records of the office of the
Office Press and Public Affairs.
9. Department of State, Bureau of Inter-American Affairs (N1-59-94-
6). Routine, facilitative, and duplicative records of the office of the
Office of Policy Planning Coordination.
10. Department of State, Bureau of Inter-American Affairs (N1-59-
94-7). Routine, facilitative, and duplicative records of the office of
Office of Economic Policy.
11. Department of State, Bureau of Inter-American Affairs (N1-59-
94-8). Routine, facilitative, and duplicative records of the office of
geographic offices.
12. Department of the Treasury, Office of Thrift Supervision (N1-
483-93-15). Regulatory Action Data System and the Supervisory Action
System.
13. U.S. Army (N1-AU-93-6). Facilitative records used to monitor
worldwide security conditions.
14. Bureau of Mines, Division of Statistics and Information
Services (N1-70-94-1). Mineral surveys that have been microfilmed.
15. Farm Credit Administration (N1-103-94-3). Routine training
records.
16. Federal Home Loan Banks, Office of Finance (N1-485-94-1).
Fiscal and administrative records.
17. Tennessee Valley Authority, Power Function (N1-142-92-7). Power
accounting/general correspondence files.
Dated: August 23, 1994.
Trudy Huskamp Peterson,
Acting Archivist of the United States.
[FR Doc. 94-21717 Filed 9-1-94; 8:45 am]
BILLING CODE 7515-01-M
Complete official Federal Register PDF
FR Doc. 94-21715 Meeting
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21715]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
Meeting
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) has scheduled its regular business meetings to take
place in Arlington, VA on Monday and Tuesday, September 12-13, 1994 at
the times and location noted below.
DATES: The schedule of events is as follows:
Monday, September 12, 1994
9:00-11:00 a.m. Children's Facilities Work Group (closed meeting).
11:00-12:00 p.m. Technical Programs Committee.
1:30-3:30 p.m. Federal Facilities Work Group (closed meeting).
Tuesday, September 13, 1994
9:30-10:30 a.m. Planning and Budget Committee.
12:30-1:30 p.m. Executive Committee.
1:30-3:30 p.m. Board Meeting.
ADDRESSES: The meetings will be held at: Crystal Gateway Marriott,
Salon A, 1700 Jefferson Davis Highway, Arlington, VA.
FOR FURTHER INFORMATION CONTACT:
For further information regarding the meetings, please contact Lawrence
W. Roffee, Executive Director, (202) 272-5434, ext. 14 (voice) and
(202) 272-5449 (TTY).
SUPPLEMENTARY INFORMATION: At the Board meeting, the Access Board will
consider the following agenda items:
Approval of the Minutes of the July 13, 1994 Board Meeting.
Executive Director's Report.
Complaint Status Report.
Report on Children's Facilities Work Group.
Report on Federal Facilities Work Group.
Report on Ad Hoc Committee on Communications.
Status Report on Fiscal Year 1994 Budget.
Status Report on Fiscal Year 1995 Budget.
Fiscal Year 1996 Budget Request.
Bylaw Amendment on Election of Officers.
Supplemental Standards of Ethical Conduct on Outside
Employment.
Report on Fiscal Year 1993-1994 Research Projects.
Fiscal Year 1995-1996 Research Priorities.
Presentation on Research Results on Detectable Warnings.
Some meetings or items may be closed to the public as indicated
above. All meetings are accessible to persons with disabilities. Sign
language interpreters and an assistive listening system are available
at all meetings.
Lawrence W. Roffee,
Executive Director.
[FR Doc. 94-21715 Filed 9-1-94; 8:45 am]
BILLING CODE 8150-01-M
Complete official Federal Register PDF
FR Doc. 94-21710 Application of Great Western Air, Inc., for Certificate Authority
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
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[FR Doc No: 94-21710]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Order 94-8-49; Docket 49427]
Application of Great Western Air, Inc., for Certificate Authority
AGENCY: Department of Transportation.
ACTION: Notice of order to show cause.
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SUMMARY: The Department of Transportation is directing all interested
persons to show cause why it should not issue an order finding Great
Western Air, Inc., fit, willing, and able, and awarding it a
certificate of public convenience and necessity to engage in interstate
scheduled air transportation of persons, property, and mail.
DATES: Persons wishing to file objections should do so no later than
September 13, 1994.
ADDRESSES: Objections and answers to objections should be filed in
Docket 49427 and addressed to the Documentary Services Division (C-55,
Room 4107), U.S. Department of Transportation, 400 Seventh Street SW.,
Washington, DC 20590 and should be served upon the parties listed in
Attachment A to the order.
FOR FURTHER INFORMATION CONTACT:
Ms. Carol A. Woods, Air Carrier Fitness Division (X-56, Room 6401),
U.S. Department of Transportation, 400 Seventh Street SW., Washington,
DC 20590, (202) 366-2340.
Dated: August 29, 1994.
Patrick V. Murphy,
Acting Assistant Secretary for Aviation and International Affairs.
[FR Doc. 94-21710 Filed 9-1-94; 8:45 am]
BILLING CODE 4910-62-M
Complete official Federal Register PDF
FR Doc. 94-21709 Exemption for U.S. Computer Reservations Systems Under 49 U.S.C. 40109 From Section 255.10 of the Department's Computer Reservations System Rules, 14 CFR 255.10
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
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[FR Doc No: 94-21709]
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DEPARTMENT OF TRANSPORTATION
[Order 94-8-50; Docket 49745]
Exemption for U.S. Computer Reservations Systems Under 49 U.S.C.
40109 From Section 255.10 of the Department's Computer Reservations
System Rules, 14 CFR 255.10
AGENCY: Department of Transportation.
ACTION: Notice of Order to Show Cause.
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SUMMARY: The Department is directing all interested persons to show
cause why it should not issue an order exempting each U.S. computer
reservations system (CRS) vendor (1) from the prohibition against
providing foreign carriers with marketing data derived from bookings
for domestic travel made within the United States, subject to the
comparability and notice requirements of section 255.10(b), and (2), as
to European flag carriers, from the requirement that no marketing data
may be provided a foreign carrier affiliated with a CRS if that system
does not provide comparable data to U.S. participating carriers.
DATES: Comments must be submitted on or before September 13, 1994.
Reply comments must be submitted on or before September 20, 1994.
ADDRESSES: Objections and reply comments must be filed in Docket 49745,
addressed to the Documentary Services Division (C-55, Room 4107), U.S.
Department of Transportation, 400 7th St. SW., Washington, DC 20590,
and should be served on the parties listed in ordering paragraph 5 of
the order.
FOR FURTHER INFORMATION CONTACT: Thomas Ray, Office of the General
Counsel, 400 Seventh St. SW., Washington, DC 20590, (202) 366-4731.
Dated: August 29, 1994.
Patrick V. Murphy,
Acting Assistant Secretary of Transportation for Policy and
International Affairs.
[FR Doc. 94-21709 Filed 9-1-94; 8:45 am]
BILLING CODE 4910-62-P
Complete official Federal Register PDF
FR Doc. 94-21707 Advisory Council on Education Statistics; Meeting
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
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[FR Doc No: 94-21707]
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DEPARTMENT OF EDUCATION
Advisory Council on Education Statistics; Meeting
agency: Advisory Council on Education Statistics, Education.
action: Notice of meeting.
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summary: This notice sets forth the schedule and proposed agenda of a
forthcoming meeting of the Advisory Council on Education Statistics.
This notice also describes the functions of the Council. 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 and time: September 22, 1994, 9:00 a.m.-5:00 p.m. and September
23, 1994, 9:00 a.m.-Noon.
addresses: 555 New Jersey Avenue NW., Room 326, Washington, DC 20208.
for further information contact: Barbara Marenus, Executive Director,
Advisory Council on Education Statistics, 555 New Jersey Avenue, Room
400J, Washington, DC 20208-7575, telephone: (202) 219-1839.
supplementary information: The Advisory Council on Education Statistics
(ACES) is established under Section 406(c)(1) of the Education
Amendments of 1974, Pub. L. 93-380. The Council is established to
review general policies for the operation of the National Center for
Education Statistics (NCES) in the Office of Educational Research and
Improvement and is responsible for advising on standards to insure that
statistics and analyses disseminated by NCES are of high quality and
are not subject to political influence. The meeting of the Council is
open to the public.
The proposed agenda includes the following:
The Use of Standards at Other Statistical Agencies
Discussion of Achievement Levels Developed by The National
Assessment Governing Board
Panel Discussion on Standards Based Reporting
Budget Update
Report on Future of the Center Project
Council Business
Records are kept of all Council proceedings and are available for
public inspection at the Office of the Executive Director, Advisory
Council on Education Statistics, 555 New Jersey Avenue NW., Room 400J,
Washington, DC 20208-7575.
Sharon P. Robinson,
Assistant Secretary for Educational Research and Improvement.
[FR Doc. 94-21707 Filed 9-1-94; 8:45 am]
BILLING CODE 4000-01-M
Complete official Federal Register PDF
FR Doc. 94-21706 Federal Direct Student Loan Program; Extension of Closing Date
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
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DEPARTMENT OF EDUCATION
Federal Direct Student Loan Program; Extension of Closing Date
AGENCY: Department of Education.
ACTION: Extension of application closing date.
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SUMMARY: On February 17, 1994, the Department of Education published an
application notice in the Federal Register inviting applications for
schools to participate in the second year of the Federal Direct Student
Loan (Direct Loan) Program, which is the academic year beginning July
1, 1995. The notice pertained to the Federal Direct Stafford Loan
Program, the Federal Direct Unsubsidized Stafford Loan Program, and the
Federal Direct PLUS Program, collectively referred to as the Direct
Loan Program.
The rolling application and selection process for this program was
described in the February 17 notice, which specified October 1, 1994 as
the final deadline for application.
Many schools have indicated that they would like to apply for
participation in the Direct Loan Program but are reluctant to do so
until they have had the opportunity to evaluate the program in
progress. While the first year of the Direct Loan Program began July 1,
1994, the academic year for many of the first-year schools does not
begin until September. Therefore, some procedures, such as funds
disbursement and reconciliation, will occur at these schools for the
first time in September or October of 1994.
The Department wants to ensure that schools have adequate time to
evaluate the day-to-day administration of the Direct Loan Program and
to observe the benefits of the program for students and schools prior
to applying to participate. Therefore, the deadline to submit
applications for the second year of the program is extended to November
1, 1994.
FOR FURTHER INFORMATION CONTACT:
Barbara Ragon, U.S. Department of Education, 400 Maryland Avenue SW
(room 4100, ROB-3), Washington, DC 20202-5257. Telephone: (202) 708-
9406. 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.
Dated: August 30, 1994.
David A. Longanecker,
Assistant Secretary for the Office of Postsecondary Education.
[FR Doc. 94-21706 Filed 9-1-94; 8:45 am]
BILLING CODE 4000-01-M
Complete official Federal Register PDF
FR Doc. 94-21705 Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Demonstration Project in Europe
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
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DEPARTMENT OF DEFENSE
Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS); Demonstration Project in Europe
AGENCY: Office of the Secretary, DoD.
ACTION: Notice of a CHAMPUS demonstration project to be implemented in
Europe.
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SUMMARY: Military force reductions in Europe have resulted in
diminished military medical services for many areas, particularly those
where the active duty end strength has fallen below levels which would
support a military health clinic. Service members and their families,
particularly those in remote areas, have experienced significant access
problems in areas where military medical services have either been
substantially reduced or eliminated. Although some military families
currently use civilian providers, differences in U.S. and local
national billing practices have resulted in payment delays which are
unacceptable to host nation providers. Because local systems are not
conducive to calculation and collection of beneficiary deductibles and
cost shares, these payments by beneficiaries are often overlooked or
substantially delayed and have become a source of major dissatisfaction
among local providers. As a result, some local providers have indicated
they are no longer willing to accept CHAMPUS patients while others have
begun to require payment for services in advance. This demonstration is
proposed for the purpose of testing whether special agreements with
host nation medical providers and elimination of CHAMPUS deductible and
cost shares can enhance beneficiary access to required care. Although
earlier demonstration proposals for Europe limited participation to
medically remote or underserved areas, payment issues which have become
barriers to access affect all active duty families in Europe who must
seek care in host nation hospitals and clinics. For this reason, the
demonstration is proposed for the entire region. Demonstration
participants will include family members of all active duty personnel
in the uniformed services located in countries served by OCHAMPUS
EUROPE. Under Title 10, U.S. Code, Section 1092, the Department is
authorized to test different methods of financing delivery of health
care services under CHAMPUS.
DATES: Beginning 1 October 1994, active duty family members in
countries served by OCHAMPUS EUROPE who cannot obtain required services
in military hospitals and clinics may obtain those services from
civilian providers without paying cost shares and deductibles normally
required under standard CHAMPUS. CHAMPUS eligible beneficiaries other
than active duty family members are not eligible for participation.
Standard CHAMPUS is still available for individuals who do not qualify
under this program.
FOR FURTHER INFORMATION CONTACT:
CDR Deborah Kamin, Office of the Assistant Secretary of Defense (Health
Affairs), (703) 697-8975.
SUPPLEMENTARY INFORMATION: Under this CHAMPUS demonstration, active
duty family members who are unable to access services in a military
medical treatment facility (MTF) may obtain both inpatient and
outpatient services through local national medical facilities. Where
possible, written agreements will be executed between these local
national medical facilities and elements of the uniformed services in
areas served by OCHAMPUS EUROPE. Care received under this demonstration
project would require neither the cost share nor the deductible
normally collected for inpatient and outpatient services under standard
CHAMPUS.
While the primary demonstration component, elimination of CHAMPUS
cost shares and deductibles, applies to all active duty families,
development of referral networks and agreements with host nation
providers will be phased, with earliest attention directed at remote or
underserved areas which have experienced significant reduction or
elimination of military medical services. Initial development of
referral networks and agreements will occur in Germany.
Demonstration participation will be restricted to active duty
dependents. Active duty service members will be included in provider
agreements; separate procedures and funding will be used to account and
process payment for care rendered to active duty personnel as required
by current regulation. The Office of the Assistant Secretary of Defense
(Health Affairs) will act as executive agent for purposes of this
demonstration and will assume overall responsibility for demonstration
policy, implementation, and monitoring.
DURATION: This demonstration will operate for one year with two
additional option years. Continuation of the program will depend on a
program evaluation conducted toward the end of the first year of
operation.
It is our hypothesis that specific agreements with local national
providers will clarify relationships and forge stronger links between
U.S. and host nation providers. These links will become more critical
as troop withdrawals continue to affect U.S. military medical presence
and capabilities in Europe. Elimination of the beneficiary cost share
and deductible should ease a major source of conflict with respect to
payment of host nation providers, thereby improving access to care for
our beneficiaries. A decreasing military presence in Europe can be
likened to a shrinking ``market power'' and, hence, less capability for
area commanders to negotiate favorable arrangements and/or access to
local civilian medical services. Formal agreements which clarify DoD's
commitment to payment procedures and deadlines and a streamlined
administrative process without copayments and deductibles should
provide positive incentive for local facilities to accept CHAMPUS
beneficiaries.
EXCLUSIONS TO THE EUROPE DEMONSTRATION PROJECT: Participation in this
demonstration is limited to active duty dependents.
All current CHAMPUS rules, unless this notice specifically provides
otherwise, will continue to apply. This notice reflects the changes
under this demonstration which is expected to start 1 October 1994.
Dated: August 29, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-21705 Filed 9-1-94; 8:45 am]
BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 94-21704 Filings Under the Public Utility Holding Company Act of 1935 (``Act'')
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
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[FR Doc No: 94-21704]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 35-26113; International Series Release No. 705]
Filings Under the Public Utility Holding Company Act of 1935
(``Act'')
August 26, 1994.
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 amendment 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 September 19, 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 the 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.
Entergy Corporation (70-8445)
Entergy Corporation (``Entergy''), 225 Baronne Street New Orleans,
Louisiana 70112, a registered holding company, has filed an
application-declaration with the Commission under Sections 3(b), 6(a),
7, 9(a), 10, 12(b), 32 and 33 of the Act and Rules 10, 43, 45, 53, and
54.
Entergy seeks exemptions from the Act in connection with the
acquisition of the securities of one or more subsidiary companies
(collectively, ``Subsidiary Companies'') which will be engaged directly
or indirectly, and exclusively, in the business of owning and holding
the securities of a new Argentine company (``Newco''). Newco will be
formed to bid for the right to build, own and operate proposed high
voltage transmission line (``Project'') in northeast Argentina. Entergy
states that Newco would qualify as a ``foreign utility company'' under
Section 33 of the Act. Therefore, Entergy requests that the Commission
issue an order under Section 3(b) exempting the certain Subsidiary
Companies from all provisions of the Act that would be applicable to
such companies as ``subsidiary companies'' of Entergy. In the
Alternative, Entergy proposes to acquire the securities of the
Subsidiary Companies under all other applicable sections and rules
thereunder of the Act.
The Project is designed to carry electricity from the Yacyreta
hydroelectric facility, now under construction, to the high voltage
transmission system owned and operated by Transener S.A. Entergy
Currently owns an indirect 9.8% interest in Transener S.A. through its
wholly owned subsidiary company, Entergy Transener S.A., which is also
a ``foreign utility company'' under Section 33 of the Act. The Project
is expected to take up to 22 months to complete at a total cost of up
to approximately U.S. $300 million. Entergy will be participating in
the Project with a consortium of other U.S. and international investors
(``Consortium'').
Entergy contends that for various tax and legal reasons, it is
preferable to hold its interest in Newco indirectly through the
Subsidiary Companies. Entergy further asserts that the particular
ownership structure to be used for the Project will depend on, among
other things, the requirements of the documents relating to the bidding
for the Project (``Bid Documents''). The Bid Documents currently
require that the shareholders of Newco, collectively, have an aggregate
net worth of at least $150 million. The terms of the Bid Documents
further provide that, during the construction period for the Project,
each shareholder of Newco is jointly and severally liable together with
Newco for all obligations arising out of construction, including
damages. In view of such requirements, as well as the possible
requirements of Project lenders, Entergy proposes that it may fully or
partially capitalize one or more of the Subsidiary Companies (but not
newco) with amounts up to its proportionate share of the Project's
estimated total cost either prior to the submission of the Cosortium's
bid or to facilitate the financial closing of the Project. Entergy
expects that its total investment in connection with the Project,
including any contingent liabilities of a Subsidiary Company as a
shareholder of Newco, would in no event exceed $90 million.
Entergy proposes that within 45 days after a determination is made
not to proceed with an acquisition of an interest in the Project, it
will liquidate or dissolve the Subsidiary Companies, unless Entergy
determines to utilize the Subsidiary Companies in conjunction with
another exempt acquisition under Sections 32 or 33 of the Act.
Therefore, Entergy requests authorization from the Commission to effect
such a liquidation or dissolution.
The direct or indirect investments in the Subsidiary Companies may
take the form of: (1) purchases of capital stock, partnership
interests, notes or other securities; (2) capital contributions or open
account advances; (3) guarantees, letters of credit or other credit
support (collectively, Guarantees'') arranged or provided by Entergy in
respect of the securities or other obligations of a Subsidiary Company
or Newco in connection with the Project; or (4) any combination of the
above. Investments by Entergy in the capital shares or other equity
securities of Subsidiary Companies having a stated or par value will be
in an amount not less than such stated or par value. Open account
advances by Entergy to a Subsidiary Company would be non-interest
bearing and repayable within one year of the advance. Any promissory
notes or other evidences of indebtedness issued by a Subsidiary Company
to Entergy would: (1) mature not late than 30 years after the date of
issuance thereof; and (2) bear interest at a rate not greater than the
prime rate of a bank to be designated by Entergy. Any such promissory
note or other evidences of indebtedness may, at Entergy's option, be
converted to a capital contribution through Entergy's forgiveness of
the indebtedness evidenced thereby.
Entergy requests authority through December 31, 1997 to issue
Guarantees in an aggregate amount that, when added to investments in
the Subsidiary Companies and Newco otherwise made as provided above,
will not exceed $90 million. Guarantees may be required, among other
things, to satisfy credit support requirements of lenders and other
Project participants under financing documents or other agreements to
which the Subsidiary Companies or Newco becomes a party in connection
with the development of the Project. The terms of, and any fees or
interest payable in respect of, Guarantees will be established at arm's
length based on market conditions; provided that (1) the term of any
Guarantee would not exceed ten years from the date of issuance thereof,
and (2) any fees with respect to any Guarantee would not exceed three
percent per annum of the face amount of such Guarantee.
Funds for Entergy's direct or indirect investments in the
Subsidiary Companies and in Newco are expected to be derived from
Entergy's available internal cash resources. Entergy also anticipates
that the Subsidiary Companies will not engage in any financial from
external sources in connection with the Project.
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-21704 Filed 9-1-94; 8:45 am]
BILLING CODE 8010-01-M
Complete official Federal Register PDF
FR Doc. 94-21703 Self-Regulatory Organizations; Order Approving and Notice of Filing and Order Granting Accelerated Approval of Amendment Nos. 1 and 2 to a Proposed Rule Change by the Philadelphia Stock Exchange, Inc., Relating to a Pilot Program for Enhanced Specialist Participation in Parity Equity Options Trades
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
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[FR Doc No: 94-21703]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-34606; File No. SR-Phlx-94-12]
Self-Regulatory Organizations; Order Approving and Notice of
Filing and Order Granting Accelerated Approval of Amendment Nos. 1 and
2 to a Proposed Rule Change by the Philadelphia Stock Exchange, Inc.,
Relating to a Pilot Program for Enhanced Specialist Participation in
Parity Equity Options Trades
August 26, 1994.
On February 28, 1994, the Philadelphia Stock Exchange, Inc.
(``Phlx'' or ``Exchange'') filed with the Securities and Exchange
Commission (``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 relating to enhanced specialist
participation in parity equity options trades. Notice of the proposal
appeared in the Federal Register on April 28, 1994.\3\ One comment
letter was received opposing the proposed rule change.\4\ The Exchange
filed Amendment No. 1 to the proposed rule change on April 29, 1994,\5\
and Amendment No. 2 on August 25, 1994.\6\ This order approves the
Exchange's proposal, as amended.
\1\15 U.S.C. 78s(B)(1) (1988).
\2\17 CFR 240.19b-4 (1992).
\3\See Securities Exchange Act Release No. 33935 (April 20,
1994), 59 FR 22038 (April 28, 1994).
\4\See Letter from Philip Lenowitz, to Jonathan Katz, Secretary,
Commission, dated May 31, 1994 (``Comment Letter'').
\5\In Amendment No. 1, the Phlx proposed to amend the proposed
rule language to: (1) Provide in Rule 509(c), that any meeting with
a specialist as a result of a preliminary determination by the Phlx
Quality of Markets Subcommittee that a specialist has not satisfied
the criteria specified in the rule will occur within five days after
receipt of notice of such preliminary determination by the
specialist; (2) clarify that any decision reached pursuant to Rule
509 regarding the failure of a specialist to satisfy the
requirements of the rule will be appealable pursuant to Article XI,
Section 11-1(a) of the Phlx's by-laws; and (3) clarify that the
``weakness'' referred to in Rule 509(b)(4) does not refer to any
specific activity but to the general inability of a specialist to
prevent and settle disputes in an orderly manner in the trading
crowd. See Letter from Michele Weisbaum, Associate General Counsel,
Phlx, to Brad Ritter, Attorney, Office of Market Supervision
(``OMS''), Division of Market Regulation (``Division''), Commission,
dated April 26, 1994 (``Amendment No. 1'').
\6\In Amendment No. 2, the Phlx proposed to add Rule
1014(g)(i)(3) to codify that specialists are not eligible for the
enhanced parity treatment proposed herein until they are no longer
eligible for the enhanced parity treatment afforded to new
specialist units pursuant to Commentary .17 to Rule 1014. See Letter
from William Uchimoto, First Vice President and General Counsel,
Phlx, to Brad Ritter, Attorney, OMS, Division, Commission, dated
August 25, 1994 (``Amendment No. 2'').
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Description of Proposal
Phlx Rules 119 and 120, generally, and Phlx Rule 1014(g),
specifically, direct members in the establishment of priority and
parity of orders on the options floor. These rules provide that when
bids/offers are made simultaneously, or when it is impossible to
determine clearly the order of time in which they were made, all such
bids/offers shall be on parity, and as such shall be shared equally.
Because all newly listed options classes are subject to multiple
listing and all currently listed ones are or will become so eligible,
the current parity participation rule has come under review by the
Exchange.
The Exchange proposes to adopt, on a one year pilot basis, a
proposed rule change providing that in certain circumstances and for
certain options classes, a specialist will be eligible to receive an
enhanced participation on parity equity options trades by being counted
as two crowd participants (``Enhanced Parity Split''). The Enhanced
Parity Split will only apply to transactions where the contra side
order is for more than five contracts, and where the Enhanced Parity
Split does not disadvantage a customer order that is also on parity.\7\
\7\The Exchange represents that one way to ensure that public
customers are not disadvantaged is for a specialist to forego part
or all of his second share of a trade. See Amendment No. 1, supra
note 5.
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The Enhanced Parity Split will apply to all option classes that are
listed after the rule becomes effective and for 50% of each specialist
unit's listed issues at the time the rule becomes effective. In this
regard, each specialist's registered issues will be divided into
quartiles based on the most recent quarterly customer contract volume.
The specialist will be able to choose half of his issues in each volume
quartile rounded so that the aggregate number chosen does not exceed
50% of the total number of issues in all four quartiles. The specialist
will be required to submit this list to the Allocation, Evaluation and
Securities Committee (``AES Committee'') for its review and approval.
This list, once submitted to and approved by the AES Committee, will be
in effect for the entire one-year period of the pilot program.
The Phlx also proposes to adopt Phlx Rule 509 to empower the AES
Committee to oversee each specialist's performance with respect to the
Enhanced Parity Split. A standing subcommittee of the AES Committee
entitled the ``Quality of Markets Subcommittee'' (``Subcommittee'')
will be created to review each specialist's performance on a quarterly
basis to assure that four conditions are being satisfied by a
specialist who receives the benefit of the Enhanced Parity Split in his
trading crowd. First, the specialist must demonstrate that he is the
lead market maker in the trading crowd as measured by his transacting
more contracts in an option class than any Registered Options Trader
(``ROT'') in that issue over the review period.
Secondly, the Subcommittee will review whether the specialist has
provided the Phlx with adequate market share in options which are
multiply traded. In this respect, the Subcommittee will determine
whether the Phlx has transacted at least 10% of the aggregate customer
volume in an issue that is traded by all five options exchanges, at
least 15% where four exchanges trade the issue, at least 20% where
three exchanges trade the issue, and at least 25% where only one other
exchange trades the issue. Although this is a measure of the total
customer volume executed on the Exchange rather than solely by the
specialist, in the competition for multiply traded issues, the Exchange
believes the specialist is a key party responsible for marketing the
issue to upstairs firms, updating markets, and maintaining the limit
order book. A specialist who performs these functions will, the
Exchange believes, assist the Exchange in increasing order flow.
Third, options specialist units must receive a score of at least
five on the Exchange's quarterly specialist evaluation. Rule 515
currently requires specialists to obtain this score for its activities
regarding the options classes assigned to the specialist unit. A
specialist who receives a score below five on the quarterly evaluation
is monitored by the Exchange for continued substandard performance and
may ultimately have one or more options classes removed and reallocated
to another specialist. For purposes of the Enhanced Parity Split, the
failure by a specialist to achieve a score of at least five on this
quarterly review will cause the Enhanced Parity Split to be revoked
even if the Exchange determines not to strip a specialist of assigned
options classes.
Fourth, the Subcommittee will consider whether a pattern of
weakness has been demonstrated by such things as frequent floor
official rulings with respect to any particular options class or crowd
and/or by written customer complaints being received by the Exchange or
Subcommittee regarding the specialist in any particular options
class.\8\
\8\Id.
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If the Subcommittee determines that a specialist has failed to meet
one or more of these four conditions for any issue eligible for the
Enhanced Parity Split, the Subcommittee must make a preliminary finding
that the specialist should lose the Enhanced Parity Split in that
issue. The specialist will be notified of this finding and will be
required to appear before the Subcommittee within five business days
after receipt by the specialist of the notice.\9\ At such meeting, the
specialist bears the burden of overcoming the presumption of
substandard performance.\10\
\9\Id.
\10\For example, a specialist might be able to overcome this
presumption in the case where he has transacted less contracts than
one ROT in his trading crowd during the review period. In this case,
if the specialist can demonstrate that one large block trade
occurred during the review period but for which that specialist
would have been the lead market maker, the Subcommittee may
determine that the specialist does not deserve to lose the Enhanced
Parity Split privilege.
---------------------------------------------------------------------------
Any decision of the Subcommittee must be in writing and must be
delivered to the specialist on the next business day following the
Subcommittee meeting at which the decision was made. A decision to
revoke the privilege will be effective on the next business day after
receipt of the decision by the specialist. A specialist who has lost
the privilege may reapply for it at the Subcommittee's next scheduled
review. The specialist may be reinstated if the Subcommittee finds that
the condition which initially caused the revocation of the enhanced
participation privilege has been cured and that no other problems
exist. Finally, a specialist will be entitled to appeal any decisions
made by the Subcommittee pursuant to Rule 509.\11\
\11\See Amendment No. 1, supra note 5.
The Exchange believes that the proposed rule change is necessary
because the Exchange has identified the need to attract new specialist
units and to retain and encourage existing specialists units to
vigorously trade existing options classes as well as to aggressively
seek and apply for newly allocated classes. The Phlx understands that
for the most part, specialist units can seek specialist privileges or
the equivalent lead market maker status for any particular multiply
listed options class on other national securities exchanges. Therefore,
in order to compete for specialist capital and market making talent
with other national securities exchanges which list options, the Phlx
believes it is necessary to be able to afford its specialist units with
some form of enhanced parity split treatment. Specifically, in order to
address these factors, the Exchange has determined to implement this
one-year pilot program to increase the specialist's participation in
certain trades where the specialist is on parity with one or more ROTs.
The Exchange represents that while ROTs provide critical liquidity
to the market making process at the Phlx, under the Phlx's specialist
system, the role of the specialist is to provide leadership, liquidity,
and continuity, and to satisfy market making obligations in multiply
listed options classes, particularly at the incipiency of competition
for a multiply traded issue. For the options classes that will be
eligible for multiple listing, the Exchange represents that specialists
have also taken on a larger market making obligation in order to
accommodate customers in the hope of garnering critical loyalty that
will lead to sustained order flow whether the class is or is not ever
actually multiply traded.
As a point of clarification, the Exchange states that this proposed
rule change will operate in tandem with the enhanced specialist
participation provided for new specialist units pursuant to Phlx Rule
1014, Commentary .17.\12\ Upon approval of the proposed rule change, a
specialist will only be eligible to receive the Enhanced Parity Split
described herein once the specialist is no longer eligible for the
enhanced treatment available pursuant to Commentary .17 to Rule
1014.\13\
\12\See Securities Exchange Act Release No. 34109 (May 24,
1994), 59 FR 28570 (June 2, 1994) (``New Unit Enhanced Split
Order'').
\13\See Amendment No. 2, supra note 6. Pursuant to Commentary
.17 to Rule 1014, new specialist units trading new options classes
would be entitled to execute 50% of the contracts in transactions
where the new specialist unit is on parity with one ROT, and 40% of
the contracts in a transaction where the new specialist unit is on
parity with two or more ROTs. See Securities Exchange Act Release
No. 34109 (May 25, 1994), 59 FR 28570 (June 2, 1994).
---------------------------------------------------------------------------
Comment Letter
The comment letter received opposing the proposed rule change
offered two arguments as to why the proposed rule change is
inappropriate.\14\ The commenter first argues that the proposed rule is
anti-competitive and will ultimately harm public customers by acting as
a disincentive for ROTs to make competitive markets. Secondly, the
commenter argues that a floor official will be unable to determine
whether a customer order is ``disadvantaged'' as prohibited by the
rule. He further argues that tracking which options are entitled to the
Enhanced Parity Split and which are not will be a difficult chore and
that the need for elaborate review machinery to assure compliance with
the proposed rule change is evidence that the rule is unmanageable.
\14\See Comment Letter, supra note 4.
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Phlx Response
Because this commenter raises the same objections that were raised
in connection with the Phlx proposal approved in the New Unit Enhanced
Split Order,\15\ the Phlx relies on its previous response letter in
order to address the objections raised in the Comment Letter.\16\ In
response to the commenter's claims that the rule will work to the
detriment of the trading public, the Phlx believes that the proposal
will in fact add liquidity to the market, thus directly benefitting
public customers. The Phlx believes the proposal will attract new
specialists to the Exchange and will encourage new and existing
specialists to make tight markets in their selected options classes in
order to attract order flow to the Exchange. The Phlx argues that
because every newly listed options class is subject to multiple
listing, disincentives are created which discourage specialists from
acting as specialists for those new classes of options. The Phlx
believes that the Enhanced Parity Split will counteract these
disincentives by offering specialists a direct benefit if they are able
to attract order flow to the Exchange. The Exchange further believes
the specialists will be able to attract this order flow, and thus
capitalize on the Enhanced Parity Split, only if they maintain tight
markets in their selected options classes. Furthermore, the proposed
rule change provides that the Enhanced Parity Split may not
disadvantage an order submitted by a public customer.\17\ As a result,
the Phlx believes that public customers will directly benefit from the
proposed rule change.
\15\See supra note 12.
\16\See File No. SR-Phlx-93-29; and Letter from William
Uchimoto, Vice President and General Counsel, Phlx, to Sharon
Lawson, Assistant Director, OMS, Division, Commission, dated
February 23, 1994.
\17\See Amendment No. 2, supra note 6.
---------------------------------------------------------------------------
In response to the commenter's claims that market makers are
unfairly disadvantaged by this proposal, the Phlx makes several
arguments. First, the Phlx disagrees with the commenter's contention
that any enhanced split is anti-competitive because a ROT can always
establish priority in a trade by improving the market or by being the
first in establishing a market that would otherwise be on parity.
Secondly, the Phlx argues that specialists have responsibilities and
are subject to certain costs that market makers do not have, such as,
updating and disseminating quotes, reflecting all market interest in
the displayed quotes, and the fixed staffing cost committed to market
making in a particular issue whether it is active or not. In order to
attract specialist units to the Exchange who are willing to accept
these responsibilities, the Phlx believes it is necessary to provide
specialists with some benefits that are not available to ROTs. The Phlx
believes that any negative impact to ROTs that may be caused by this
proposal is more than offset by the benefit to the Exchange and its
customers of attracting new specialist units to the Exchange and
retaining the services of existing specialist units.
Discussion
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)\18\ in that the
proposal is designed to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market, and protect investors and the public interest. Specifically,
the Commission finds that the proposal may serve to remove impediments
to and perfect the mechanism of a free and open market by encouraging
specialist units to maintain tight markets in selected options classes
in order to attract order flow to the Exchange. The Commission believes
the proposed rule change is a reasonable attempt by the Phlx to enhance
the ability of specialist units to compete for order flow in the
environment of multiply-traded options classes. In addition, the
protection of investors and the public interest is maintained because
of the procedures being adopted by the Exchange which require the
specialist units to satisfy specific conditions to qualify for the
Enhanced Parity Split. Further, the proposed rule change provides that
the Enhanced Parity Split cannot disadvantage a public customer order
that is on parity with a specialist unit.\19\
\18\15 U.S.C. 78f(b)(5) (1988).
\19\See Amendment No. 2, supra note 6.
---------------------------------------------------------------------------
As the Commission stated in the new Unit Enhanced Split Order, the
Commission agrees with the Exchange that in order to attract order flow
to the Exchange, the Phlx needs to be able to attract and retain well
capitalized specialist units that are willing to trade the options
classes traded on the Exchange. Additionally, the Commission disagrees
with the commenter that the proposed rule change will disadvantage
public customers. On the contrary, the proposed rule change eliminates
any direct injury to public customers by providing that customers
orders on parity may not receive a smaller participation than any other
crowd participant, including the specialist. Furthermore, because the
proposal may serve to add liquidity to the market by encouraging
specialist units to maintain tight markets in order to attract order
flow to the Exchange, the Commission believes that public customers
could benefit from the proposed rule change.\20\ Accordingly, the
Commission believes there is no evidence to support a conclusion that
the proposed rule change will disadvantage public customers.
\20\The Commission notes that contrary to the commenter's
contention, ROTs may in fact benefit from the Enhanced Parity Split
if specialists are successful in attracting order flow to the
Exchange.
---------------------------------------------------------------------------
The Commission also acknowledges that specialist have
responsibilities that ROTs do not have and that these responsibilities
have certain costs associated with them, such as the staff costs
associated with continually updating and disseminating quotes. As a
result, the Commission believes it is reasonable for the Exchange to
grant certain advantages, such as the Enhanced Parity Split, to
specialists in order to attract and retain well capitalized specialists
at the Exchange. Accordingly, as long as these advantages do no
unreasonably restrain competition and do not harm investors, the
Commission believes that the granting of such benefits to specialists
is within the business judgment of the Exchange. Therefore, even though
the proposed rule change could arguably have some negative impact on
ROTs, for the reasons stated above, the Commission believes the
proposal is consistent with the Act.
Furthermore, the Commission believes that: (1) the review
procedures proposed by the Exchange, as discussed above, adequately
ensure that only specialists satisfying the conditions set forth in the
proposed rule change receive the benefit of the Enhanced Parity Split;
and (2) in cases where a specialist is found to no longer be eligible
for the Enhanced Parity Split, the appeals procedures proposed by the
Exchange adequately protect the due process rights of such specialists.
The Commission believes that these criteria balance the competing
interests of the Exchange and the specialists by ensuring regular
review of specialist performance and that specialists' due process
rights are protected in cases where the Subcommittee makes a
determination that the Enhanced Specialist Split should be denied.
Moreover, the proposal is being approved on a one-year pilot basis.
Accordingly, prior to granting an extension or permanent approval of
the pilot program, the Commission will be able to review the operation
of the rule and require the Exchange to make any changes necessary to
ensure that competition is not being unnecessarily restrained and that
investors are not being harmed.
The Commission finds good cause for approving Amendment Nos. 1 and
2 to the proposed rule change prior to the thirtieth day after the date
of publication of notice of filing thereof in the Federal Register.
Specifically, the Commission believes that Amendment No. 1 strengthens
the proposal in several ways. By requiring specialists to meet with the
Subcommittee within five days after receipt of a notice from the
Subcommittee, the specialist is provided with time in which to prepare
a response to the claims of substandard performance raised by the
Subcommittee. Similarly, by clarifying that all determinations made
pursuant to Rule 509 are appealable pursuant to the procedures in the
Exchange's by-laws, the Commission believes that the proposal does not
raise any significant due process concerns.
Furthermore, even though Amendment No. 1 does not specifically
define ``pattern of weakness'' for purposes of Rule 509(b)(4), the
Commission does not believe that this lack of specificity will create
undo confusion as the application of the rule. Any specialist that is
cited for substandard performance for this reason will still be
entitled to a meeting with the Subcommittee to discuss the reasons for
the finding and if an adverse decision is sustained after that meeting,
the specialist will be entitled to appeal that determination.
Additionally, a specialist can reapply and have the Enhanced Parity
Split reinstated once the condition which led to the suspension is
found to no longer exist. As a result, the Commission believes that the
lack of specificity does not raise any significant regulatory concerns.
Finally, Amendment No. 2 merely codifies that intent stated in the
original proposal\21\ that specialists will only become eligible for
the Enhanced Parity Split described herein once they are no longer
eligible to receive the enhanced parity treatment afforded to new
specialists pursuant to Commentary .17 to Rule 1014.
\21\See supra note 3.
---------------------------------------------------------------------------
Based on the foregoing reasons, the Commission believes it is
consistent with Section 6(b)(5) of the Act to approve Amendment Nos. 1
and 2 to the Phlx's proposal on an accelerated basis.
Interested persons are invited to submit written data, views, and
arguments concerning Amendment Nos. 1 and 2 to the proposed rule
change. 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 in the Commission's Public
Reference Section, 450 Fifth Street, NW., Washington, DC. Copies of
such filing will also be available for inspection and copying at the
principal office of the Exchange. All submissions should refer to File
No. SR-Phlx-94-12 and should be submitted by September 23, 1994.
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\22\ that the proposed rule change (SR-Phlx-94-12) is hereby
approved, as amended, on a pilot basis until August 26, 1995.
\22\15 U.S.C. 78s(b)(2) (1988).
---------------------------------------------------------------------------
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\23\
\23\17 CFR 200.30-3(a)(12) (1993).
---------------------------------------------------------------------------
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-21703 Filed 9-1-94; 8:45 am]
BILLING CODE 8010-01-M
Complete official Federal Register PDF
FR Doc. 94-21701 Request for Reinstatement of an Expired Clearance for Form RI 38- 31
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21701]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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OFFICE OF PERSONNEL MANAGEMENT
Request for Reinstatement of an Expired Clearance for Form RI 38-
31
AGENCY: Office of Personnel Management.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1980 (title
44, U.S.C., chapter 35), the notice announces a request for
reinstatement of an expired clearance for an information collection.
Form RI 38-31, We Need More Information About Your Missing Payment, is
sent out by the Retirement and Insurance Group in response to a
notification by an individual of the loss or non-receipt of a payment
from the Civil Service Retirement and Disability Fund. The form
requests information needed to enable OPM to trace and/or reissue
payment. The information needed to replace a payment must be collected
either verbally or in writing. This collection is still necessary in
order for OPM to be able to obtain replacement payments as needed. This
clearance was allowed to expire due to administrative error.
Approximately 10,000 RI 38-31 forms are processed annually. Of
these, approximately 9,800 are reports of missing checks. A response
time for ten minutes per form reporting a missing check is estimated
based on the amount of information required. The annual burden is 1,634
hours. The remainder, 200, are claims for missing electronic transfer
payments. A response time of 30 minutes per form is estimated in these
instances. The annual burden is 100 hours. The combined annual burden
is 1,734 hours.
For copies of this proposal, contact C. Ronald Trueworthy on (703)
908-8550.
DATES: Comments on this proposal should be received on or before
October 3, 1994.
ADDRESSES: Send or deliver comments to--
Lorraine E. Dettman, Chief, Operations Support Division, Retirement and
Insurance Group, U.S. Office of Personnel Management, 1900 E Street
NW., room 3349, Washington, DC 20415 and
Joseph Lackey, OPM Desk Officer, Office of Information and Regulatory
Affairs, Office of Management and Budget, New Executive Office Building
NW., room 3002, Washington, DC 20503.
FOR INFORMATION REGARDING ADMINISTRATIVE COORDINATION--CONTACT:Mary
Beth Smith-Toomey, Chief, Forms Analysis & Design Section, (202) 606-
0623, U.S. Office of Personnel Management.
Lorraine A. Green,
Deputy Director.
[FR Doc. 94-21701 Filed 9-1-94; 8:45 am]
BILLING CODE 6325-01-M
Complete official Federal Register PDF
FR Doc. 94-21699 Public Information Collection Requirements Submitted to OMB for Review
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21699]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF THE TREASURY
Public Information Collection Requirements Submitted to OMB for
Review
August 25, 1994.
The Department of 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
2110, 1425 New York Avenue NW., Washington, DC 20220.
Internal Revenue Service (IRS)
OMB Number: 1545-0945
Regulation ID Number: FI-255-82 Final
Type of Review: Extension
Title: Registration Requirements with Respect to Certain Debt
Obligations
Description: The rule requires an issuer of a registration-required
obligation and any person holding the obligation as a nominee or
custodian on behalf of another to maintain ownership records in a
manner which will permit examination by the IRS in connection with
enforcement of the Internal Revenue laws.
Respondents: State or local governments, Businesses or other for-
profit, Small businesses or organizations
Estimated Number of Recordkeepers: 50,000
Estimated Burden Hours Per Recordkeeper: 1 hour
Frequency of Response: Other
Estimated Total Recordkeeping Burden: 50,000 hours
Clearance Officer: Garrick Shear (202) 622-3869, Internal Revenue
Service, room 5571, 1111 Constitution Avenue NW., Washington, DC 20224
OMB Reviewer: Milo Sunderhauf (202) 395-7340, Office of Management and
Budget, room 10226, New Executive Office Building, Washington, DC
20503.
Lois K. Holland,
Departmental Reports, Management Officer.
[FR Doc. 94-21699 Filed 9-1-94; 8:45 am]
BILLING CODE 4830-01-P
Complete official Federal Register PDF
FR Doc. 94-21698 Public Information Collection Requirements Submitted to OMB for Review
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21698]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF THE TREASURY
Public Information Collection Requirements Submitted to OMB for
Review
August 25, 1994.
The Department of 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
2110, 1425 New York Avenue NW., Washington, DC 20220.
Bureau of Alcohol, Tobacco and Firearms (BATF)
OMB Number: 1512-0474
Form Number: ATF REC 5130/5
Type of Review: Extension
Title: Principal Place of Business on Beer Labels
Description: ATF regulations permit domestic brewers who operate more
than one brewery to show as their address on labels and kegs of beer,
their ``principal place of business.'' This option is in lieu of
showing the actual place of production, or a listing of all the
company's breweries on the label.
Respondents: Businesses or other for-profit
Estimated Number of Respondents: 425
Estimated Burden Hours Per Respondent: 1 hour
Frequency of Response: On occasion
Estimated Total Reporting Burden: 1 hour
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) 395-7340, Office of Management and
Budget, room 10226, New Executive Office Building, Washington, DC
20503.
Lois K. Holland,
Departmental Reports Management Officer.
[FR Doc. 94-21698 Filed 9-1-94; 8:45 am]
BILLING CODE 4810-31-P
Complete official Federal Register PDF
FR Doc. 94-21697 Public Information Collection Requirements Submitted to OMB for Review
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21697]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF THE TREASURY
Public Information Collection Requirements Submitted to OMB for
Review
August 25, 1994.
The Department of 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
2110, 1425 New York Avenue NW., Washington, DC 20220.
Bureau of the Public Debt (BPD)
OMB Number: 1535-0010
Form Number: PD F 1782, Schedules C, J, P and T
Type of Review: Extension
Title: Application for Redemption at Par of United States Treasury;
Bonds Eligible for Payment of Federal Estate Tax (PD F 1782); Bonds
Held as Community Property (Schedule C); Bonds Jointly Held (Schedule
J); Bonds Held in Partnership (Schedule P); and Bonds Held in Trust
(Schedule T)
Description: This form is used to apply for redemption at part of
certain Treasury Bonds eligible for payment of Federal estate tax
assessed against a decedent's estate.
Respondents: Individuals or households
Estimated Number of Respondents: 2,500
Estimated Burden Hours Per Response: 30 minutes
Frequency of Response: On occasion
Estimated Total Reporting Burden: 1,250 hours
OMB Number: 1535-0048
Form Number: PD F 385 and PD F 385-1
Type of Review: Extension
Title: Certificate of Identity of Owner of Registered Securities (PD F
385); and Certificate of Identity of Owner of Savings and Retirement
Securities (PD F 385-1)
Description: These forms are used to establish the identity of the
owner of U.S. Savings Bonds or Registered Securities.
Respondents: Individuals or households
Estimated Number of Respondents: 177
Estimated Burden Hours Per Response: 30 minutes
Frequency of Response: On occasion
Estimated Total Reporting Burden: 89 hours
OMB Number: 1535-0058
Form Number: PD F 1646
Type of Review: Extension
Title: Application For Disposition United States Registered Securities
and Related Checks Without Administration of Deceased Owner's Estate.
Description: This form is used by person(s) entitled to a decedent's
not being administered to request disposition of U.S. Registered
Securities and Related Checks.
Respondents: Individuals or households
Estimated Number of Respondents: 625
Estimated Burden Hours Per Response: 1 hour, 30 minutes
Frequency of Response: On occasion
Estimated Total Reporting Burden: 938 hours
OMB Number: 1535-0100
Form Number: PD F 4094
Type of Review: Extension
Title: Affidavit By Individual Surety
Description: This form serves as an affidavit from individuals who
agree to act as surety for an indemnification agreement on a Bond of
Indemnity submitted in connection with a claim for relief due to lost,
stolen or destroyed U.S. Registered Securities. The individual must
state their assets and liabilities to certify they are eligible to act
as surety.
Respondents: Individuals or households
Estimated Number of Respondents: 500
Estimated Burden Hours Per Response: 55 minutes
Frequency of Response: On occasion
Estimated Total Reporting Burden: 460 hours
Clearance Officer: Vicki S. Ott (304) 480-6553, Bureau of the Public
Debt, 200 Third Street, Parkersburg, West VA 26106-1328
OMB Reviewer: Milo Sunderhauf (202) 395-7340, Office of Management and
Budget, room 10226, New Executive Office Building, Washington, DC
20503.
Lois K. Holland,
Departmental Reports, Management Officer.
[FR Doc. 94-21697 Filed 9-1-94; 8:45 am]
BILLING CODE 4810-40-P
Complete official Federal Register PDF
FR Doc. 94-21696 Public Information Collection Requirement Submitted to OMB for Review
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21696]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF DEFENSE
Public Information Collection Requirement Submitted to OMB for
Review
AGENCY: DoD.
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 Forms, and OMB Control Number: Department of Defense
Dependents Schools Overseas Employment Opportunities for Educators; SD
Form 776, SD Form 778, SD Form 809; OMB #0704-0035
Type of Request: Revision
Number of Respondents: 15,000
Responses per Respondent: 1
Annual Responses: 15,000
Average Burden per Response: 20 Minutes
Annual Burden Hours: 5,000
Needs and Uses: This information collection is needed to recruit
educators for employment overseas with the Department of Defense
Dependent Schools (DoDDS). In accordance with Title 20 USC 902 and 903,
the information is provided to DoDDS to determine qualifications.
Affected Public: Individuals or households
Frequency: On occasion
Respondent's Obligation: Required to obtain or retain a benefit
OMB Desk Officer: Mr. Edward C. Springer.
Written comments and recommendations on the proposed information
collection should be sent to Mr. Springer at Office of Management and
Budget, Desk Officer for Department of Defense, Room 3235, New
Executive Office Building, Washington, DC 20503.
DOD Clearance Officer: Mr. William P. Pearce.
Written request 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: August 29, 1994.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-21696 Filed 9-1-94; 8:45 am]
BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 94-21694 Proposed Administrative Order on Consent; Petrochem Recycling Corp./Ekotek, Inc., Site, Salt Lake City, UT
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21694]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5063-8]
Proposed Administrative Order on Consent; Petrochem Recycling
Corp./Ekotek, Inc., Site, Salt Lake City, UT
AGENCY: U.S. Environmental Protection Agency, (U.S. EPA).
ACTION: Proposed de minimis settlement.
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SUMMARY: In accordance with the requirements of section 122(i)(1) of
the Comprehensive Environmental Response, Compensation, and Liability
Act, as amended (CERCLA), notice is hereby given of a proposed de
minimis settlement under section 122(g) concerning the Petrochem
Recycling Corp./Ekotek, Inc., Site in Salt Lake City, Utah (the Site).
The proposed Administrative Order on Consent (AOC) requires 363
potentially responsible parties (PRP) to pay an aggregate total of
$7,803,386.11 to resolve their liability to the EPA related to response
actions taken or to be taken at the Site.
DATES: Comments must be submitted by no later than October 3, 1994.
ADDRESSES: Comments should be addressed to Greg Phoebe (8HWM-SR),
Enforcement Specialist, U.S. Environmental Protection Agency, Region
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2405, and
should refer to: In the matter of Petrochem/Ekotek De Minimis
Settlement.
FOR FURTHER INFORMATION CONTACT:
James M. Stearns, Office of Regional Counsel, EPA Region VIII, at (303)
294-7197.
SUPPLEMENTARY INFORMATION: Notice of section 122(g) De Minimis
Settlement: In accordance with section 122(i)(1) of CERCLA, notice is
hereby given that the terms of an Administrative Order on Consent (AOC)
have been agreed to by the following 363 parties, for the following
amounts: Option A Settlements: Allied Petroleum of Reno ($53,634.70);
Alpine Foreign Repair ($2,915.06); American Label Co. ($9,765.80);
Anaconda Mining (Anaconda Minerals) ($148,636.91); Applied Mechanical
Systems, Inc. ($15,444.00); Aztec Truck & Tire ($10,637.05); B&R Tire
Company, Inc. ($3,539.62); Beckman Instruments, Inc. ($85,714.20);
Bell's Chevron Food Mart ($11,560.70); Bill & Vern's Service Inc.
($2,566.90); Black Butte Coal Company ($27,834.46); BMW of Murray
($25,289.55); Bob's Conoco ($868.73); Bonanza Motors, Inc.
($18,926.62); Brigham Truck & Implement ($9,920.20); Brighton Ski
Resort (Boyne USA, Inc.) ($3,857.36); Buehner Concrete/Otto Buehner &
Co. ($11,012.75); Buhl Implement, Inc. ($12,216.20); Burks Tractor,
Inc. ($11,104.24); Call's Sinclair Service ($6,755.00); Cameron Sales,
Inc. (Cameron International) ($14,378.64); Canyon Lincoln-Mercury
($11,078.20); Cardwell Distributing Co. ($19,826.24); Carleson Cadillac
Company, Inc. ($19,801.00); Casper Barrel & Drum, Inc. ($25,096.50);
Center Street Conoco ($579.00); Cherry Hill Chevron ($6,330.40); Chris
& Keith Chevron ($6,214.60); Chris Jordan Volkswagen-Porsche-Audi, Inc.
($7,997.92); Christensen Oil Company ($10,428.56); Chrysler-Dodge
Country USA, Inc. ($17,717.40); Chuck's Chevron ($9,920.20); City of
Idaho Falls (Fire Station No. 2) ($579.15); City of Logan ($13,899.60);
City of Pocatello ($2,856.40); City of Twin Falls, Inc., and Water
Treatment Plant ($12,065.63); Clarence Knight Pontiac ($27,753.40);
Cliff's Chevron ($10,248.30); Cline's Mazda Auto Sales ($15,401.40);
Construction Rental & Supply ($8,706.56); Corporation of the Presiding
Bishop/Deseret Mills & Elevator ($41,934.00); Crus Distributing (Crus
Oil, Inc.) ($2,910.44); Custom Auto Crafters ($8,318.30); Dahle's
Toyota, Inc. ($12,892.40); Dan Eastman Jeep, Eagle & Suzuki, Inc.
($16,733.10); Darrel's Chevron ($6,948.00); Dave Kissel Chevron (Kissel
Chevron) ($1,737.00); Dave's Chevron ($3,995.10); Dick Dey Oldsmobile-
Buick, Inc. (Dick Dey) ($3,860.00); Discount Tire and Automotive, Inc.
($3,281.85); Doug Smith Chrysler-Plymouth, Inc. ($11,196.90); Duane's
Texaco ($1,814.20); Durbano Metals, Inc. ($1,640.92); Duval Corp.
($119,698.60); Ecclesiastes 9:10-11-12, Inc. (f/k/a Logan
Manufacturing, Inc.) ($7,334.00); Economy Builder's Supply, Inc.
($1,466.80); Eddie's Chevron ($8,976.83); Ed Kenley Ford ($6,774.30);
Egan Farm Services, Inc. ($10,962.40); Elixir Industries ($79,405.33);
Emery County Road Department ($17,679.52); Field Oil ($8,667.95); Fife
Rock Products Company, Inc. ($11,773.00); GT Automotive, Inc.
($4,855.88); Gary's Tire Center, Inc. ($15,142.78); Gary's Fast Lube/
Cary's Chevron ($5,695.00); Gene's Texaco ($2,046.33); Gilbert Western
($81,859.02); Given Ford Sales ($2,541.99); Goodyear Tire & Rubber
Company ($37,754.66); Grandma's Tires and Car Care Clinic, Inc.
($11,023.16); Grant's Conoco ($6,484.80); Hayes Brothers Buick
($55,270.21); Henry's Service, Inc./Henry's Conoco ($8,225.66);
Hilton's Conoco ($965.66); Holiday Tire Center/Holiday Oil Company
($13,703.00); Horne Construction Corp. ($1,832.24); Intermountain Parts
Cleaners ($9,071.00); Intermountain Sports ($1,679.54); Intermountain
Volkswagen ($44,818.46); Jerome Gas & Oil, Inc. ($1,080.80); Jerry
Seiner Chevrolet, Inc. ($11,919.68); Jiffy Lube International of Utah,
Inc. #1 (Jiffy Lube International, Inc.) ($195,316.00); Jiffy Lube
International of Utah, Inc. #2 ($118,787.64); Jiffy Lube International
of Utah, Inc. #3 ($159,147.80); Jiffy Lube International of Utah, Inc.
#4 ($73,455.80); Jiffy Lube International of Utah, Inc. #5
($146,764.92); Jim & Dave's Enterprises (Jim & Dave's Husky)
($5,712.80); Jim's Chevron ($5,230.30); John's Texaco ($2,142.30); Kent
Nelson Conoco ($5,384.70); Ketchum Automotive ($3,670.86); Kiewit
Western ($31,941.50); Kim Hansen Chevrolet-Olds, Inc ($9,785.10); KUTV,
L.P. ($636.90); Lockheed Air Terminal, Inc. ($29,613.87); Lowell's
Conoco ($13,838.10); Lube-N-Go ($20,844.00); Lynn Wood Service Center
($6,293.43); M.H. Cook Pipeline Construction Company ($12,181.46); Mack
Trucks, Inc. ($41,618.52); Maetex Supply Co., Inc. ($1,930.00); Marion
Willey & Son Ford ($26,923.50); Mark Miller Subaru ($17,563.00); Master
Muffler Shops ($14,949.78); May Trucking Company ($42,567.53); Menlove
Dodge Toyota (Menlove-Johnson) ($29,436.36) Middlekauff Lincoln-
Mercury, Inc. ($5,945.94); Miller Brands, Inc. ($1,833.50); Miller's
Transport, Inc. ($26,095.02); Miller's Truck Stop ($13,799.50); Montana
Brand Produce Co., Inc. ($11,058.90); Motor Cargo ($18,701.70); Motor
Sportsland, Inc. ($2,123.00); Murray City Maintenance (Murray City
Corporation) ($7,160.30); Naylor Dodge (Naylor Auto, Inc.) ($1,833.50);
Newspaper Agency Corporation (NAC) ($2,796.58); North End Texaco
($2,335.91); Northwest EnviroService, Inc. ($48,006.82); Northwest
Transport Service, Inc. ($11,158.29); Nowsco Services, Inc.
($12,255.50); Olsen Chevrolet (Young Chevrolet Company) ($43,150.94);
Parley's Way Conoco ($2,779.92); Pearson Tire & Distributing Co., Inc.
($3,261.70); Petersen Motors (Petersen Motor Company, Inc.)
($36,689.30); Pipe Renewal Service, Inc. ($34,469.80); Plaza Cycle
($20,192.00); Questar Corp. for Interstate Brick, Mountain Fuel Supply,
Mountain Fuel Resources, and Questar Pipeline ($100,187.12); R.J. Flinn
Automotive ($1,594.16); Reichold Chemical ($133,366.86); Rick's Texaco
Service ($1,196.60); Riverside Country Club ($1,158.30); Robert's TBA
Service, Inc. ($11,522.10); Rocky Mountains Transmission ($1,351.00);
Rosan Rexnord Products (VSI Corp.) ($21,230.00); Roy Raymond Ford-
Mitsubishi, Inc. ($9,683.39); Rupps Trucking ($4,882.90); Safeway, Inc.
($34,424.68); Salt Lake Auto/Truck Plaza ($35,317.96); Sawtooth Auto
Sales, Inc. ($12,343.62); Sawtooth Motors ($18,528.93); Shell Western E
& P Inc. ($12,999.29); Sinclair Oil ($4,632.00); Six States
Distributors, Inc. ($1,274.13); Snelgrove Ice Cream Parlors, Inc.
($1,196.60); Southgate Chevron ($2,026.50); Spartan Jeep/Eagle, Inc.
($40,780.90); Stadium Chevron ($3,474.00); Stars Ferry Building Supply,
Inc. ($1,930.00); Steve's Conoco ($907.10); Sun Power Computerized
Tune-Up ($11,375.42); Sun Valley Company ($5,759.12); Sun Valley
Stages, Inc. ($1,717.70); TAS Tire & Automotive ($17,744.00); Taylor
Chevrolet, Inc. ($13,139.44); Taylor Farm Service, Inc. ($9,266.40);
Tom Randall Distributing ($29,988.34); Tri-City Ford, Inc.
($12,834.50); Tri-Miller Packing Company ($2,082.97); U S Pollution
Control, Inc. ($116,768.86); Utah County Road Department ($8,494.20);
Utah State Parks & Recreation ($6,774.30); Utah Valley Transit, Inc.
($1,833.50); Viking Freight System ($8,108.10); W.H. Pingree Co., Inc.
($6,118.10); W.W. Clyde & Co. ($67,638.74); Wasatch Metals, Inc.
($7,411.20); Washburn Motor Co., Inc. (Washburn Isuzu) ($7,198.90);
Weber Basin Water Conservancy District ($6,583.00); Werner's BMW
Service ($8,260.40); Westcon Utility ($6,957.52); Western Industrial
Cleaning Services, Inc. (Allwaste Intermountain Plant Services, Inc.)
($7,830.43); Western States Petroleum, Inc. ($1,639.38); Western
Transmission (a/k/a J.R. McGeachin, Inc.) ($12,034.74); Westland Ford,
Inc. ($20,882.60); Wilson Motor Company, Inc. ($12,266.39); Wilson
Products Company, Inc. ($3,262.55); Winder Dairy ($2,509.00); Workman
Pontiac-Cadillac-Buick GMC Inc. ($8,528.95); Wright Motor Company
(Wright Motor Company) ($3,474.90); and Young Ford, Inc. ($10,169.87);
Option B Settlements: Alta Ski Lifts Company ($88,104.46); American
Airlines ($1,470.15); Ames Construction, Inc. ($24,766.60); Amoco
Corporation ($1,306.00); Amoco Service Center ($2,286.90); Analytichem
International Inc. ($33,041.80); Apex Drum Co., Inc. ($12,272.33); ASF-
24 (U.S. Army) ($5,485.20); Associated Food Stores, Inc. ($9,049.59);
AT&T ($3,036.45); Axtell Chevrolet Co., Inc. ($39,807.00); Barber
Brothers Motor Company, Inc. (Chrysler) ($1,633.50); Beaver Creek Coal
Company ($14,701.50); Bert-Co Graphics ($3,593.70); Bill & Randy's
Texaco ($6,693.25); Bill's Service ($2,612.00); Black & Decker (U.S.),
Inc. ($653.40); Boeing ($326.70); Boise Cascade ($3,101.75); Bonneville
County, Idaho ($21,856.23); Boulevard Texaco ($7,019.75); Bourns, Inc.
($52,886.47); Brush Wellman, Inc. ($34,878.49); Bush Oil Company
($7,187.40); Californian Publishing Co. ($4,668.95); Camp Pendleton--
Marine Corps ($17,478.45); Carr Printing Company, Inc. ($816.25); Car-
Tune Shop, Inc. ($2,450.25); Chemcentral Corporation ($7,396.32); Chuck
Morey/Halliburton Energy Services ($25,319.25); City of Ketchum Shops
($1,274.13); City of North Salt Lake (North Salt Lake Shops)
($1,796.85); City of South Salt Lake Shops ($4,900.00); Claude H. Nix
Construction ($9,025.20); Clinton City Corp. ($1,731.51); Coast
Envelope (International Paper) ($21,940.80); Coast Yellow Cab Co-op
($1,960.20); Commercial Security Bank ($1,437.48); Container
Corporation of America ($15,452.91); Coors Brewing Co. ($180,319.42);
Cottonwood Chrylser-Plymouth, Inc. ($17,282.43); Cottonwood Sanitation
Dist., Salt Lake County ($4,606.47); CPC Industries of Utah ($490.05);
Crown Coach, Inc. ($18,786.81); Defense Property Disposal (Defense
Logistics Agency) ($389,267.00); Dexter Adhesives & Structural Material
(Hysol Division/Dexter Corp.) ($7,183.00); Douglas Aircraft Company
(McDonnell Douglas) ($359.15); Dugway Service Station (Army and Air
Force Exchange Service ($2,350.80); Dynamic Air ($7,966.60); Eaton-
Kenway Corporation ($1,436.12); Ed & Karl's Husky ($620.73); EIMAC
Corp. (Varian Associates, Inc.) ($63,122.45); Embee Inc. (Embee
Plating) ($20,908.80); Fort Douglas (Transportation Motor Pool)
($11,761.20); Fort Ord ($28,351.02); Four-Way Service ($6,697.35);
Frances Taylor ($1,306.00); Franklin Press ($3,240.86); Frye & Smith,
Inc. ($1,947.13); Gans Ink & Supply Co. ($11,492.80); George AFB
($61,754.21); Grandma's Tire of Bountiful, Inc. ($3,593.70); Grandma's
Tires of Ogden, Inc. ($6,043.95); Grandma's Tires of Sandy ($4,475.79);
Grandma's Tires of South State, Inc. ($1,960.20); Green Giant Co.
($16,419.94); H & S Conoco ($2,221.56); Hansen's Texaco (Demont Hansen)
($4,181.76); Heber City Corporation ($816.75); Heckett Engineering/
Harsco Corporation ($37,635.84); Hercules Incorporated ($91,678.55);
Heritage Honda (Larry H. Miller Honda) ($86,640.84); Herman Brothers,
Inc. ($10,127.70); Hill AFB ($226,721.60); Hirning Pontiac, Cadillac,
GMC, Inc. ($16,713.97); Hydro Flame Corp. ($4,504.21); IT Corp.
($18,798.32); Industrial Constructors Corp. ($28,601.40); Ingersoll-
Rand Company ($1,796.85); Intermountain Farmers Association
($9,114.93); Interpace Industries, Inc. ($24,992.55); Interstate
Engineering ($1,045.44); J.C. Carter Co., Inc. ($38,550.60); Jackson
Hole Standard ($1,893.70); James H. Clark & Son, Inc. ($47,338.83);
Jay's Chevron ($1,450.55); Jetway Equipment (Jetway Corp./Pneumo Abex)
($20,614.77); Joslin Automotive ($653.00); Kaysville City Shop
($1,731.51); Ken's Texaco ($980.10); Kent Hansen Texaco ($490.05);
Kenworth Sales Co. ($2,613.60); Kim's Conoco ($2,056.95); Kimball
Elevator Co. (United States Elevator) ($1,561.63); Kimberly-Clark Corp.
($2,677.30); Knott's Berry Farm ($9,501.15); L.E. Myers ($3,593.70); La
Sal Oil Company, Inc. ($29,272.32); LaFleur Conoco ($1,893.70); Larry
H. Miller Chevrolet ($27,540.81); Latham Motors, Inc. ($16,629.03);
Lear-Siegler, Inc. (BFM Energy) ($16,236.99); Leffingwell (Uniroyal
Chemical Company, Inc.) ($44,156.77); Liebert Industrial Metals, Inc.
($979.50); Litton Industries, Inc. ($12,937.32); Luke AFB ($19,812.02);
Lund Machinery Company, Inc. ($35,884.73); M.C. Green & Sons, Inc.
($9,702.99); MAACO Auto Painting (DR&S Incorporated) ($359.15); Madison
County Road & Bridge ($3,358.48); Marine Corps Supply Center Yermo
Annex/MCSC Barstow ($120,506.56); MCAS El Toro ($44,326.65); MCC
Flowseal ($23,522.40); Monroc, Inc. (Utah Sand & Gravel) ($3,265.00);
Montana Resources, Inc. ($34,885.62); Morgan City Shop (Morgan City
Corp.) ($980.10); Morris Motors, Inc. ($979.18); Mountain Home AFB
($45,579.40); Murry's Center Texaco ($2,711.61); Naval Air Station
Almeda ($185,604.80); Newport Corporation ($41,498.15); North Davis
County Sewer District ($4,275.73); OK Tire (OK Auto Systems, Inc.)
($359.37); Owen Wright Inc. Cadillac-Oldsmobile ($11,434.50); Pacific
Coast Packaging Corp. ($28,004.41); Park County, Wyoming ($3,983.30);
Payson City Corp. (Shop) ($16,537.55); Pillsbury ($2,776.95); PP&G Ink
(PPG Industries) ($46,611.14); Provo City Parks & Recreation
($2,894.56); Provo City Utility ($1,306.80); Quality Linen & Towel
Supply Company ($1,470.15); Ray's Chevron ($5,553.90); Ray's Land & Sea
Service ($1,796.85); Rent-It-Center, Inc. ($23,489.73); Riverdale City
Shops ($653.00); Riverton City Shops ($1,078.11); Rowley's Texaco
($3,591.50); Roy City Corp. (Roy City Shop) ($1,535.49); Royal Paper
Box Co. ($3,953.07); S.J. Groves & Sons Co. ($20,590.94); Salt Lake
Country Club ($1,960.20); Salt Lake County Shops/Salt Lake Fire
Department ($75,682.70); Sherwin-Williams Co. ($718.74); Signetics
Corp. ($4,243.09); Solitude Ski Resort ($18,425.88); Spanish Fork City
Corp. ($3,916.70); Staker Paving & Const., Inc. ($52,559.15); Standard
Builders Supply, Inc. ($8,494.20); Standard Register Company
($6,105.55); State Street Texaco ($4,541.13); Stone's Diesel &
Automotive (Stone's Auto Sales) ($2,677.30); Tapmatic Corp.
($25,467.00); Tekform/General Ceramics ($32,597.76); Texaco Car Truck
Stop ($980.10); Texasgulf Inc. (Tg Soda Ash, Inc.) ($30,690.20);
Thatcher Chemical ($12,270.85); Theisen Motors Inc. ($74,182.30);
Tooele Army Depot ($223,515.07); Trane Co. (American Standard, Inc.)
($2,272.44); Transport Equipment Co. (Kenworth Sales) ($18,584.38);
Trebar Kenworth Sales, Inc. ($7,487.96); Tupperware USA ($29,035.81);
T.W. Graphics Group ($3,852.70); Uniroyal Goodrich Tire Co. (B.F.
Goodrich Co.) ($27,759.03); United Air Cargo (United Airlines, Inc.)
($8,853.57); U.S. Gypsum Co. ($5,548.66); U.S. Naval Weapons Station
(Fallbrook Annex) ($11,774.68); Washington Construction Company
($441,861.75); Weber County Road Department ($4,900.50); Webster
Chevrolet-Buick Co. ($2,286.90); West Jordan City ($4,571.00); West
Point City ($1,078.11); West Valley City Corporation ($4,211.85);
Western Lift Trucks ($18,316.65); Western States Minerals Corporation
($15,681.50); Westland Graphics ($3,232.35); Williams AFB ($4,061.66);
Williams International Corporation ($35,642.97); ZCMI Auto Centers (d/
b/a D&M Tire) ($12,708.63).
By the terms of the proposed AOC, these PRPs will together pay
$7,803,386.11 to the Hazardous Substance Superfund (Superfund). The
$7,803,386.11 represents approximately 11.2% of the total anticipated
costs for the Site upon which this settlement was based.
In exchange for payment, U.S. EPA will provide the settling parties
with a covenant not to sue for liability under sections 106 and 107(a)
of CERCLA, including liability for EPA past costs, the one-time cost of
remedy, future EPA oversight costs, future operation and maintenance of
the as-yet unselected remedy, and under section 7003 of the Solid Waste
Disposal Act, as amended (also known as the Resource Conservation and
Recovery Act (RCRA)).
The amount that each individual PRP will pay, as shown above,
equals $2.97 multiplied by the number of gallons of waste the party
sent to the Site (Base Amount), plus a premium payment of either 30% or
120% of the Base Amount, as specified by each Respondent PRP in the
AOC. The per gallon charge of $2.97 was calculated by dividing the
total estimated response costs for the Site ($69,594.403) by the total
estimated volume of waste disposed of at the Site (23,454,592 gallons).
For parties paying a 30% premium, there is an exception to the covenant
not to sue if total response costs at the Site exceed $69,594,403. If
this amount were exceeded, EPA could sue these parties for all or a
portion of the overage. For parties paying the 120% premium, the
exception to the covenant not to sue does not apply.
For a period of thirty (30) days from the date of this publication,
the public may submit comments to U.S. EPA relating to the proposed de
minimis settlement.
A copy of the proposed AOC may be obtained from Greg Phoebe (8HWM-
SR), U.S. Environmental Protection Agency, Region VIII, 999 18th
Street, Suite 500, Denver, Colorado 80202-2405, (303) 294-7036.
Additional background information relating to the de minimis settlement
is available for review at the Superfund Records Center at the above
address, and at the Mariott Library, Special Collections Department,
University of Utah, Salt Lake City, Utah, (801) 581-8863.
William P. Yellowtail,
Regional Administrator, U.S. EPA, Region VIII.
[FR Doc. 94-21694 Filed 9-1-94; 8:45 am]
BILLING CODE 6560-50-M
Complete official Federal Register PDF
FR Doc. 94-21693 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List Update
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21693]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5064-1]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List Update
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete Allied Plating from the National
Priorities List: request for comments.
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SUMMARY: The United States Environmental Protection Agency (EPA) Region
10 announces its intent to delete the Allied Plating Site (Site) from
the National Priorities List (NPL) and requests public comment on this
proposed action. The NPL constitutes Appendix B to the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP), which EPA
promulgated pursuant to Section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended.
EPA and the state of Oregon Department of Environmental Quality (DEQ)
have determined that all appropriate actions under CERCLA have been
implemented and that no further cleanup of the Site under CERCLA is
necessary. Moreover, EPA and DEQ have determined that remedial
activities conducted at the Site to date have been protective of public
health, welfare and the environment.
DATES: Comments concerning this Site may be submitted on or before
October 3, 1994.
ADDRESSES: Comments may be mailed to: Kevin Rochlin, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 10, 1200 6th
Avenue, Mail Stop: HW-113, Seattle, Washington 98101.
FOR FURTHER INFORMATION CONTACT: Kevin Rochlin, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 10, 1200 6th
Avenue, Mail Stop: HW-113, Seattle, Washington 98101, (206) 553-2106.
Comprehensive information on this Site is available through the
Region 10 public docket. Copies of the docket are available for viewing
at the following three locations:
Portland State University, Miller Library, Business/Documents Section,
Portland, Oregon 97207.
NE Neighborhood Association, 4815 NE 7th Avenue, Portland, Oregon
97211.
United States Environmental Protection Agency Region 10, Hazardous
Waste Division--Records Center, 1200 6th Avenue, Seattle, Washington
98101.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion
I. Introduction
EPA Region 10 announces its intent to delete the Allied Plating
site from the National Priorities List (NPL), Appendix B of the
National Oil and Hazardous Substances Contingency Plan (NCP), 40 CFR
Part 300, and requests comments on this deletion. EPA identifies sites
that appear to present a significant risk to human health or the
environment, and places these sites on the NPL. EPA has the discretion
to use its authorities under CERCLA or RCRA, or to designate a state
with remedial authorities to accomplish appropriate cleanup at sites
listed on the NPL. As described in Sec. 300.425(e)(3) of the NCP, sites
deleted from the NPL remain eligible for Fund-financed remedial actions
in the unlikely event that conditions at the site warrant such actions.
EPA plans to delete the site, located at 8135 Martin Luther King,
Jr. Boulevard, Portland, Oregon, from the NPL.
EPA will accept comments on this proposal to delete this Site for
thirty days after publication of this notice in the Federal Register.
Section II of this Notice explains the criteria for deleting sites
from the NPL. Section III discusses procedures that EPA is using for
this action. Section IV discusses the Allied Plating Site and explains
how the Site meets the deletion criteria.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP, 40 CFR 300.425(e), provides that
sites may be deleted from, or recategorized on, the NPL where no
further response is appropriate. In making a determination to delete a
site from the NPL, EPA shall consider, in consultation with the State,
whether any of the following criteria have been met:
(1) EPA has determined that responsible or other parties have
implemented all appropriate response actions required; or
(2) All appropriate Fund-financed responses under CERCLA have
been implemented, no further cleanup by responsible parties is
appropriate; or
(3) The remedial investigation has shown that the release poses
no significant threat to public health or the environment and
therefore, taking remedial measures is not appropriate.
III. Deletion Procedures Followed for the Allied Plating Site
The following procedures were used for the intended deletion of
this Site:
(1) EPA Region 10 has determined that the Site was successfully
remediated through a Removal Action which took place in the fall of
1992. On June 29, 1993, EPA issued a No Further Action Record of
Decision (ROD) after the public comment period ended. No comments
were received.
(2) EPA Region 10 has recommended deletion of the Site and has
made the relevant documents available to the public for review in
the information repositories.
(3) The Oregon Department of Environmental Quality has concurred
with the deletion decision.
Deletion of the Allied Plating Site from the NPL does not itself
create, alter, or revoke any individual rights or obligations. The NPL
is designed primarily for informational purposes to assist EPA
management. As mentioned in Section II of this Notice, 40 CFR
300.425(e)(3) states that deletion of a site from the NPL does not
preclude eligibility for future Fund-financed response actions.
For deletion of this Site, EPA's Regional Office will accept and
evaluate public comments on EPA's Notice of Intent to Delete before
making a final decision to delete. The EPA will prepare a
Responsiveness Summary, if necessary, addressing significant public
comments.
A deletion occurs when the Regional Administrator places a final
notice in the Federal Register. Generally, the NPL will reflect
deletions in the final update following the notice. Public notices and
copies of the Responsiveness Summary will be made available to local
residents by the Regional EPA office.
IV. Basis for Intended Site Deletion
The following site summary provides EPA Region 10's rationale for
the intention to delete the Allied Plating Site from the NPL.
The Allied Plating Site is located at 8135 Martin Luther King, Jr.
(MLK) Boulevard, in an industrial and commercial district of
northeastern Portland, Multnomah County, Oregon.
The Site covers approximately 12 acres, and contained the buildings
which formerly housed a plating operation and a waste disposal area
approximately 3 acres in size.
In 1957, the buildings were leased for the operation of Allied
Plating, Inc., a chrome plating facility which operated from that year
until 1984, when the company declared bankruptcy and ceased operations.
Prior to 1969, wastewater from the facility was discharged to a
swale leading to the Columbia Slough (an off-site water body). After
1969, landfilling north of the property cut off natural drainage, and
as a result the discharge of liquid wastes from the plating facility
created a lagoon on-site. The metals in the plating wastewater
precipitated out, forming a layer of plating waste at the bottom of the
lagoon. Aerial photographs indicate that the lagoon covered
approximately 3 acres during the time when the company was discharging
plating wastes into the lagoon. After the company ceased its
discharges, the lagoon receded, leaving a small pond with the
surrounding area covered with plating waste.
EPA conducted a Remedial Investigation (RI) at the Site between
January 1990 and April 1992. The RI determined that the Site
contamination was mainly limited to the area formerly covered by the
lagoon.
Following the RI, the Site was evaluated for a potential Removal
Action as part of the Superfund Accelerated Cleanup Model (SACM)
Program. The Site met the criteria for remediation under a Removal
Action. This Removal Action took place between October 20 and November
10, 1992. During the Removal Action, the pond was drained, and the pond
sludges and the plating waste in the surrounding areas were excavated
and shipped off-site for disposal at Envirosafe Services, Inc., in
Grandview, Idaho (a facility identified by EPA as being eligible to
receive CERCLA wastes). Approximately 1100 cubic yards of sludge and
waste were excavated and disposed of in this manner. The Site owner
also placed a deed restriction on the Site property, preventing the use
of the shallow groundwater beneath the Site. The RI had determined that
one well in this aquifer had nickel concentrations above drinking water
standards.
Following the Removal Action, EPA conducted a risk assessment on
the contaminant concentrations remaining in the surface soils of the
Site. Although the remediated area had been backfilled during the
Removal Action by at least one foot of rock, to be conservative in the
analysis, it was assumed that there would be direct human exposure to
the remaining residual contaminant concentrations. The results
indicated that the Removal Action achieved a site cleanup level which
left the health threat associated with site-related contaminants well
below a 1 x 10-4 excess cancer risk. The remaining hazard index
was 2 for a residential scenario and 0.2 for an industrial scenario. A
hazard index of 1 is the level where no toxic effects are expected to
occur.
This residual contamination level is negligibly above levels that
would allow for unlimited use and unrestricted exposure. The Site was
remediated to industrial standards. The Site is currently used for
light industry and is expected to remain so, given the historical land
use in this area. In addition, although the remaining surface
contamination level had a residential hazard index of 2, the residual
contamination is buried under one or more feet of crushed rock used as
backfill; therefore, no contact route exists.
EPA signed a Record of Decision for no further action at the Allied
Plating Site on June 29, 1993. The Oregon Department of Environmental
Quality concurred with the no further action remedy selection.
EPA believes that the implemented remedy at the Allied Plating Site
is protective of the public health and the environment. All possible
exposure pathways from contamination on-site have been addressed,
including groundwater and near-surface soils.
A five year review is scheduled to be conducted at the Allied
Plating Site by June 1998. If EPA determines that the remedy is still
protective of public health and the environment, no further five year
reviews will be conducted.
EPA has determined that all appropriate Fund-financed responses
under CERCLA at the Allied Plating Site have been completed, and that
no further cleanup by responsible parties is appropriate. The Oregon
State Department of Environmental Quality has concurred with this
decision.
Dated: August 1, 1994.
Chuck Clarke,
Regional Administrator, Region 10.
[FR Doc. 94-21693 Filed 9-1-94; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 94-21687 Commissioner's Advisory Group: Public Meeting
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21687]
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[Federal Register: September 2, 1994]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
Commissioner's Advisory Group: Public Meeting
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of Public Meeting of Commissioner's Advisory Group.
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SUMMARY: Public meeting of the Commissioner's Advisory Group will be
held in Washington, DC.
DATE: The meeting will be held September 13, 1994.
FOR FURTHER INFORMATION CONTACT: Patricia Andrews, PC:E, 1111
Constitution Avenue, NW., room 1311, Washington, DC 20224, (202) 622-
5026 (not a toll-free number).
Notice is hereby given pursuant to section 10(a)(2) of the Federal
Advisory Committee Act, 5 U.S.C. App. (1988), that a public meeting of
the Commissioner's Advisory Group will be held on September 13, 1994,
in room 3313 beginning at 8:30 a.m., main Internal Revenue Service
Building, 1111 Constitution Ave., NW., Washington, DC 20224.
The agenda will include the following topics:
Tax Systems Modernization 1995 Budget
Security and Privacy Issues
Standardization of Forms Project and Substitute Forms
Bar Codes Study
Employment Tax Issues (Taxlink)
International Corporations Payroll Compliance Withholding
Status of Public Awareness Campaign
Audit Simplification Update
Conference on Professionalism
Regulation/Registration of Commercial Return Preparers Study
Preview Economic Reality Training
Large Case Program in EP/EO
Filing Season Fraud
Long Range International Study
Note: Last minute changes to the agenda or order of topic
discussion are possible and could prevent effective advance notice.
The meeting will be in a room that accommodates approximately 50
people, including members of the Commissioner's Advisory Group and IRS
officials. Due to the limited conference space, notification of intent
to attend the meeting must be made with Patricia Andrews, Senior
Program Analyst, no later than September 6, 1994. Ms. Andrews can be
reached on (202) 622-5026 (not toll-free).
If you would like to have the committee consider a written
statement, please call or write: Ms. Patricia Andrews, Strategic
Planning and Communications, PC:E, Internal Revenue Service, 1111
Constitution Avenue, NW., room 1311, Washington, DC 20224.
Margaret Milner Richardson,
Commissioner.
[FR Doc. 94-21687 Filed 9-1-94; 8:45 am]
BILLING CODE 4830-01-U
Complete official Federal Register PDF
FR Doc. 94-21686 Boundary Establishment for National Wild and Scenic Rivers on the Ozark National Forest
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
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[FR Doc No: 94-21686]
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DEPARTMENT OF AGRICULTURE
Forest Service
Boundary Establishment for National Wild and Scenic Rivers on the
Ozark National Forest
AGENCY: Forest Service, USDA.
ACTION: Notice of the availability of boundary maps and descriptions
for National Wild and Scenic Rivers.
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SUMMARY: The Forest Service, USDA, has developed boundaries for the
following designated Wild and Scenic Rivers located on the Ozark
National Forest in Arkansas: North Sylamore Creek Scenic River, Buffalo
Wild and Scenic River, Richland Creek Wild and Scenic River, Hurricane
Creek Wild and Scenic River, Big Piney Creek Wild and Scenic River, and
Mulberry Scenic and Recreation River. Pursuant to Section 3(b) of the
Wild and Scenic Rivers Act of October 2, 1968, these boundary
descriptions and maps have been provided to the President of the Senate
and the Speaker of the House of Representatives and will become
effective October 28, 1994. To review the boundary descriptions and
maps contact Tom Lennon, Recreation, Heritage, and Wilderness Resources
staff, Washington, DC, (202 205-1423 or Lynn Neff, Forest Supervisory,
Ozark National Forest, Russellville, AR, (501) 968-2354.
Dated: August 24, 1994.
David L. Hessel,
Acting Chief.
[FR Doc. 94-21686 Filed 9-1-94; 8:45 am]
BILLING CODE 3410-11-M
Complete official Federal Register PDF
FR Doc. 94-21633 Codex Alimentarius: U.S. Representation at Codex Committees and List of Codex Sessions
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
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[FR Doc No: 94-21633]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. 94-025N]
Codex Alimentarius: U.S. Representation at Codex Committees and
List of Codex Sessions
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notice.
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SUMMARY: This notice provides the names of appointees to Codex
committees and a list of scheduled Codex meetings.
FOR FURTHER INFORMATION CONTACT: Dr. Marvin A. Norcross, Acting U.S.
Coordinator for Codex Alimentarius, Food Safety and Inspection Service,
U.S. Department of Agriculture, Room 4342, South Agriculture Building,
14th Street and Independence Avenue, SW., Washington, DC 20250-3700,
202-720-9150; Fax 202-720-5124.
NOTICE OF APPOINTMENT: The Food Safety and Inspection Service (FSIS),
U.S. Department of Agriculture (USDA); the Food and Drug Administration
(FDA), U.S. Department of Health and Human Services (HHS); and the
Environmental Protection Agency (EPA) hereby give notice of the
following appointments:
Chairpersons
Dr. John E. Kvenberg, FDA, as Chairman of the Codex Committee on Food
Hygiene;
Mr. Gerald R. Parlet, Agricultural Marketing Service (AMS), USDA, as
Chairman, Codex Committee on Processed Fruits and Vegetables*;
Dr. Stephen Sundloff, Director, Center for Veterinary Medicine, FDA, as
Chairman, Codex Committee on Residues of Veterinary Drugs in Foods; and
Mr. Steven Tanner, Federal Grain Inspection Service (FGIS), USDA, as
Chairman, Codex Committee on Cereals, Pulses, and Legumes.
Delegates and Alternate Delegates for Codex Committees:
Food Additives and Contaminants
Delegate: Dr. Fred R. Shank, FDA;
Alternate Delegate: Mr. Richard Ronk, FDA
Food Hygiene
Delegate: To be announced at a later date;
Alternate Delegate: Mr. E. Spencer Garrett, National Marine Fisheries
Service (NMFS), U.S. Department of Commerce
Food Labelling
Delegate: Dr. F. Edward Scarbrough, FDA;
Alternate Delegate: Mr. John W. McCutcheon, FSIS
Methods of Analysis and Sampling
Delegate: Dr. William Horwitz, FDA;
Alternate Delegate: Dr. William Franks, AMS
Pesticide Residues
Delegate: Dr. Richard Schmitt, EPA;
Alternate Delegates: Mr. John R. Wessel, FDA; and Dr. Richard M. Parry,
Agricultural Research Service (ARS), USDA
Residues of Veterinary Drugs in Foods
Delegate: Dr. Marvin A. Norcross, FSIS;
Alternate Delegate: Dr. Robert Livingston, FDA
Food Import/Export Inspection and Certification Systems
Delegate: Dr. Fred R. Shank, FDA;
Alternate Delegate: Dr. John C. Prucha, FSIS
*Cocoa Products and Chocolate
Delegate: Mr. Charles W. Cooper, FDA;
Alternate Delegate: Dr. Michelle Smith, FDA
*Sugars
Delegate: Dr. Thomas J. Army, ARS;
Alternate Delegate: Mr. Durward Dodgen, FDA
*Processed Fruits and Vegetables
Delegate: Mr. Richard B. Boyd, AMS;
Alternate Delegate: Mr. Charles Cooper, FDA
Fats and Oils
Delegate: Mr. Charles W. Cooper, FDA;
Alternate Delegate: Mr. Timothy Mounts, ARS
*Meat Hygiene
Delegate: Dr. John C. Prucha, FSIS;
Alternate Delegate: Dr. Richard Mikita, FSIS
*Processed Meat and Poultry Products
Delegate: Dr. Charles R. Edwards, FSIS;
Alternate Delegate: Mr. Syed Amjad Ali, FSIS
Fish and Fishery Products
Delegate: To be announced at a later date;
Alternate Delegate: To be announced at a later date
Nutrition and Foods for Special Dietary Uses
Delegate: Dr. Elizabeth Yetley, FDA;
Alternate Delegate: Ms. Linda P. Posati, FSIS
*Edible Ices
Delegate: Mr. Charles W. Cooper, FDA;
Alternate Delegate: Mr. Johnny Nichols, FDA
*Soups and Broths
Delegate: Dr. Charles R. Edwards, FSIS;
Alternate Delegate: Mr. Robert C. Post, FSIS
Cereals, Pulses and Legumes
Delegate: Mr. Charles W. Cooper, FDA;
Alternate Delegate: Mr. David R. Shipman, FGIS
*Vegetable Proteins
Delegate: Dr. Wilda H. Martinez; ARS;
Alternate Delegate: Ms. Elizabeth Campbell, FDA
Tropical Fresh Fruits and Vegetables
Delegate: Mr. David L. Priester, AMS;
Alternate Delegate: Ms. Sharon E. Bomer-Lauritsen, AMS
*Quick Frozen Foods
Delegate: Mr. Richard B. Boyd, AMS;
Alternate Delegate: Mr. Charles W. Cooper, FDA
*Fruit Juices
Delegate: Mr. Richard Ronk, FDA;
Alternate Delegate: Mr. Richard B. Boyd, AMS
Milk and Milk Products
Delegate: Ms. Dianne Lewis, AMS;
Alternate Delegate: Mr. Johnny Nichols, FDA
*Natural Mineral Waters
Delegate: Dr. Terry Troxell, FDA;
Alternate Delegate: To be announced at a later date
Dates of Scheduled Codex Meetings
1994
Codex Committee on Tropical Fresh Fruits and Vegetables (5th Session)
will meet September 5-9, 1994, in Mexico City, Mexico.
Codex Committee on Food Hygiene (27th Session) will meet October 17-21,
1994, in Washington, DC, USA.
Codex Committee on Food Labelling (23rd Session) will meet October 24-
28, 1994, in Ottawa, Canada.
Codex Committee on Cereals, Pulses and Legumes (9th Session) will meet
October 31-November 4, 1994, in Washington, DC, USA.
Codex Coordinating Committee for Africa (11th Session) will meet
November 7-10, 1994, in Lagos, Nigeria.
Codex Committee on Milk and Milk Products (1st Session) will meet
November 28-December 2, 1994, in Rome, Italy.
1995
Codex Committee on Food Import and Export Inspection and Certification
Systems (3rd Session) will meet February 27-March 3, 1995, in Canberra,
Australia.
Codex Committee on Food Additives and Contaminants (27th Session) will
meet March 20-24, 1995, in The Hague, Netherlands.
Codex Committee on Nutrition and Foods for Special Dietary Uses (19th
Session) will meet March 27-31, 1995, in Bonn, Germany.
Codex Coordinating Committee for Latin America and the Caribbean (9th
Session) will meet April 3-6, 1995, in Brasilia, Brazil.
Codex Committee on Pesticide Residues (27th Session) will meet April
24-29, 1995, in The Hague, Netherlands.
The Executive Committee of the Codex Alimentarius Commission (42nd
Session) will meet June 28-30, 1995, in Rome, Italy.
Codex Alimentarius Commission (21st Session) will meet July 3-8, 1995,
in Rome, Italy.
Codex Committee on Food Hygiene (28th Session) will meet October 16-20,
1995, in Washington, DC, USA.
Codex Committee on Residues of Veterinary Drugs in Foods (9th Session)
will meet October 24-27, 1995, in Washington, DC, USA.
*adjourned sine die.
Done at Washington, DC, on: August 26, 1994.
Michael R. Taylor,
Administrator.
[FR Doc. 94-21633 Filed 9-1-94; 8:45 am]
BILLING CODE 3410-DM-P
Complete official Federal Register PDF
FR Doc. 94-21588 Massachusetts Marine Sanitation Device Standard for Coastal Waters of Westport; Notice of Determination
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21588]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5063-4]
Massachusetts Marine Sanitation Device Standard for Coastal
Waters of Westport; Notice of Determination
On July 19, 1994, notice was published that the State of
Massachusetts had petitioned the Regional Administrator, Environmental
Protection Agency, to determine that adequate facilities for the safe
and sanitary removal and treatment of sewage from all vessels are
reasonably available for the coastal waters of Westport Harbor and the
East and West Branches of the Westport River that border the Town of
Westport, within the State of Massachusetts (56 FR 36758). The petition
was filed pursuant to Section 312(f)(3) of Pub. L. 92-500 as amended by
Pub. L. 95-217 and Pub. L. 100-4.
Section 312(f)(3) states:
After the effective date of the initial standards and regulations
promulgated under this section, if any State determines that the
protection and enhancement of the quality of some or all of the waters
within such States require greater environmental protection, such State
may completely prohibit the discharge from all vessels of any sewage,
whether treated or not, into such waters, except that no such
prohibition shall apply until the Administrator determines that
adequate facilities for the safe and sanitary removal and treatment of
sewage from all vessels are reasonably available for such water to
which such prohibition would apply.
The State of Massachusetts has certified that there are two pump-
out facilities available to service vessels in the Westport Harbor and
the Westport River.
Pump-out facility No. 1, which is mobile, is located at the Town
Pier on the north side of the Westport Harbor. This facility has a
holding capacity of 650 gallons and it is marked with a yellow and
maroon U.S.EPA issued boat pump-out sign. The hours of operation will
be upon request during the summer season from Memorial Day through
Columbus Day seven days a week from 8 a.m. to 2 p.m. by calling the
Harbormaster's office at (508) 636-1105 or by radio on Channel 9 VHF.
The mobile boat pump-out has a draft requirement of 2 feet. Vessels
located in waters with depths of less than 2 feet may need to move to
deeper water to be pumped out. The cost is free and will be absorbed
through boating licenses for the season.
Pump-out facility No. 2 will be established at Tripps Marina. The
hours of operation during the summer season from Memorial Day through
Columbus Day are seven days a week from 8 a.m. to 5 p.m. Monday through
Friday, and from 9 a.m. to 5 p.m. Saturday and Sunday. There is no fee
to use the pump-out facility. Tripps is the largest marina in Westport
with 250 slips and 150 moorings. There are fuel facilities, on-shore
toilet and shower facilities, and a waste oil receptacle available to
boaters.
The Town operates and maintains a 1000 gallon above ground holding
tank for septage with secondary containment on the south side of
Westport Harbor. The tank is located adjacent to the State Boat Ramp
and may be accessed from the water.
Septage is collected by Ocean Arks, Inc., a research facility
located in Marion, MA. In the event that Ocean Arks, Inc. ceases to
accept the boat septage, the Town of Westport has a renewable contract
with New England Sanitation, a licensed septic hauler, located in
Westport, MA. Septage that is removed by New England Sanitation will be
treated at the Fall River Wastewater Treatment Facility in Fall River,
MA.
There are an estimated 350 moored boats in the East Branch of the
Westport River, 100 moored boats in the West Branch, 770 moored boats
in the Westport Harbor, and approximately 20 transient vessels which
enter the harbor each day through the mouth of the harbor during the
boating season. Westport is approximately 14 miles long, 5.2 miles
wide, with a total area of 57 square miles.
There were no comments received by the Agency on the merits of the
petition prior to the deadline for receipt of comments as stated in the
July 19, 1994 Federal Register ``Receipt of Petition'' notice.
Based on an examination of the petition, and its supporting
information which included a site visit by EPA Region I staff, and the
fact that the Agency received no comments concerning the petition, I
have determined that adequate facilities for the safe and sanitary
removal and treatment of sewage from all vessels are reasonably
available for the Westport Harbor and the East and West Branches of the
Westport River that border the Town of Westport, within the State of
Massachusetts, to qualify as a ``No Discharge Area''.
This determination is made pursuant to Section 312(f)(3) of Pub. L.
92-500, as amended by Pub. L. 95-217 and Pub. L. 100-4.
Dated: August 23, 1994.
John P. DeVillars,
Regional Administrator.
[FR Doc. 94-21588 Filed 9-1-94; 8:45 am]
BILLING CODE 6530-50-P
Complete official Federal Register PDF
FR Doc. 94-21494 Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21494]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF LABOR
Employment Standards Administration
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
supersedeas 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 is 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.
Withdrawn General Wage Determination Decision
This is to advise all interested parties that the Department of
Labor is withdrawing, from the date of this notice, General Wage
Determination Nos. VA940050, VA940078 and VA940079 dated May 20, 1994,
February 11, 1994, and May 20, 1994, respectively.
Agencies with construction projects pending, to which this wage
decision would have been applicable, should utilize Wage Decision
VA940015. Contracts for which bids have been opened shall not be
affected by this notice. Also, consistent with 29 CFR 1.6(c)(2)(i)(A),
when the opening of bids is less than 10 (10) days from the date of
this notice, this action shall be effective unless the agency finds
that there is insufficient time to notify bidders of the change and the
finding is documented in the contract file.
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 II
Virginia
VA940113 (Sep. 02, 1994)
Volume IV
Minnesota
MN940058 (Sep. 02, 1994)
MN940059 (Sep. 02, 1994)
MN940060 (Sep. 02, 1994)
Modification to General Wage Determinations 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
New York
NY940002 (Feb. 11, 1994)
NY940005 (Feb. 11, 1994)
NY940011 (Feb. 11, 1994)
NY940013 (Feb. 11, 1994)
NY940019 (Feb. 11, 1994)
NY940020 (Feb. 11, 1994)
NY940027 (Feb. 11, 1994)
NY940028 (Feb. 11, 1994)
NY940031 (Feb. 11, 1994)
NY940032 (Feb. 11, 1994)
NY940034 (Feb. 11, 1994)
NY940036 (Feb. 11, 1994)
NY940047 (Feb. 11, 1994)
NY940051 (Feb. 18, 1994)
Volume II
District of Columbia
DC940001 (Feb. 11, 1994)
Delaware
DE940002 (Feb. 11, 1994)
DE940004 (Feb. 11, 1994)
DE940005 (Feb. 11, 1994)
DE940009 (Feb. 11, 1994)
Maryland
MD940036 (Feb. 11, 1994)
MD940048 (Feb. 11, 1994)
Pennsylvnia
PA940005 (Feb. 11, 1994)
PA940012 (Feb. 11, 1994)
PA940027 (Feb. 11, 1994)
Virginia
VA940003 (Feb. 11, 1994)
VA940006 (Feb. 11, 1994)
VA940009 (Feb. 11, 1994)
VA940015 (Feb. 11, 1994)
VA940017 (Feb. 11, 1994)
VA940018 (Feb. 11, 1994)
VA940023 (Feb. 11, 1994)
VA940025 (Feb. 11, 1994)
VA940033 (Feb. 11, 1994)
VA940035 (Feb. 11, 1994)
VA940042 (Feb. 11, 1994)
VA940043 (Feb. 11, 1994)
VA940046 (Feb. 11, 1994)
VA940048 (Feb. 11, 1994)
VA940058 (Feb. 11, 1994)
VA940081 (Feb. 11, 1994)
VA940084 (Feb. 11, 1994)
VA940085 (Feb. 11, 1994)
VA940087 (Feb. 11, 1994)
VA940088 (Feb. 11, 1994)
VA940104 (Feb. 11, 1994)
VA940105 (Feb. 11, 1994)
Volume III
Florida
FL940045 (Feb. 11, 1994)
Kentucky
KY940001 (Feb. 11, (1994)
KY940002 (Feb. 11, (1994)
KY940004 (Feb. 11, (1994)
KY940006 (Feb. 11, (1994)
KY940007 (Feb. 11, (1994)
KY940025 (Feb. 11, (1994)
KY940027 (Feb. 11, (1994)
KY940028 (Feb. 11, (1994)
KY940029 (Feb. 11, (1994)
KY940032 (Feb. 11, (1994)
KY940033 (Feb. 11, (1994)
KY940035 (Feb. 11, (1994)
KY940054 (Feb. 11, (1994)
Volume IV
Illinois
IL940017 (Feb. 11, 1994)
Indiana
IN940002 (Feb. 11, 1994)
IN940004 (Feb. 11, 1994)
Minnesota
MN940001 (Feb. 11, 1994)
MN940002 (Feb. 11, 1994)
MN940003 (Feb. 11, 1994)
MN940004 (Feb. 11, 1994)
MN940005 (Feb. 11, 1994)
MN940006 (Feb. 11, 1994)
MN940007 (Feb. 11, 1994)
MN940008 (Feb. 11, 1994)
MN940009 (Feb. 11, 1994)
MN940010 (Feb. 11, 1994)
MN940011 (Feb. 11, 1994)
MN940012 (Feb. 11, 1994)
MN940013 (Feb. 11, 1994)
MN940014 (Feb. 11, 1994)
MN940015 (Feb. 11, 1994)
MN940017 (Mar. 25, 1994)
MN940018 (Mar. 25, 1994)
MN940019 (Mar. 25, 1994)
MN940020 (Mar. 25, 1994)
MN940027 (Mar. 25, 1994)
MN940031 (Mar. 25, 1994)
MN940035 (Mar. 25, 1994)
MN940039 (Mar. 25, 1994)
MN940043 (Mar. 25, 1994)
MN940044 (Mar. 25, 1994)
MN940045 (Mar. 25, 1994)
MN940046 (Mar. 25, 1994)
MN940047 (Apr. 01, 1994)
MN940048 (Apr. 01, 1994)
MN940049 (Apr. 01, 1994)
MN940051 (Apr. 01, 1994)
MN940052 (Apr. 01, 1994)
MN940053 (Apr. 01, 1994)
MN940054 (Apr. 01, 1994)
MN940055 (Apr. 01, 1994)
MN940056 (Apr. 01, 1994)
MN940057 (Apr. 01, 1994)
Ohio
OH940001 (Feb. 11, 1994)
OH940002 (Feb. 11, 1994)
OH940003 (Feb. 11, 1994)
OH940012 (Feb. 11, 1994)
OH940026 (Apr. 01, 1994)
OH940027 (Apr. 01, 1994)
OH940028 (Feb. 11, 1994)
OH940029 (Feb. 11, 1994)
Wisconsin
WI940016 (Feb. 11, 1994)
Volume V
Kansas
KS940011 (Feb. 11, 1994)
KS940013 (Feb. 11, 1994)
KS940017 (Feb. 11, 1994)
KS940026 (Feb. 11, 1994)
KS940028 (Feb. 11, 1994)
New Mexico
NM940001 (Feb. 11, 1994)
Volume VI
Colorado
CO940002 (Feb. 11, 1994)
CO940007 (Feb. 11, 1994)
CO940009 (Feb. 11, 1994)
CO940010 (Feb. 11, 1994)
Hawaii
HI940001 (Feb. 11, 1994)
Idaho
ID940001 (Feb. 11, 1994)
ID940002 (Feb. 11, 1994)
North Dakota
ND940002 (Feb. 11, 1994)
Oregon
OR940001 (Feb. 11, 1994)
Texas
TX940003 (Feb. 11, 1994)
TX940009 (Feb. 11, 1994)
TX940018 (Feb. 11, 1994)
TX940057 (Feb. 11, 1994)
TX940064 (Feb. 11, 1994)
Washington
WA940007 (Feb. 11, 1994)
WA940008 (Feb. 11, 1994)
WA940011 (Feb. 11, 1994)
WA940026 (Feb. 11, 1994)
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 county. 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 six
separate volumes, arranged by State. Subscriptions include an annual
edition (issued in January or February) 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 26th day of August 1994.
Alan L. Moss,
Director, Division of Wage Determination.
[FR Doc. 94-21494 Filed 9-1-94; 8:45 am]
BILLING CODE 4510-27-M
Complete official Federal Register PDF
FR Doc. 94-21400 Federal Property Suitable as Facilities to Assist the Homeless
[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21400]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Community Planning and
Development
[Docket No. N-94-1917; FR-3350-N-99]
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.
ADDRESSES: For further information, contact David Pollack, room 7262,
Department of Housing and Urban Development, 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 56 FR 23789 (May 24,
1991) and section 501 of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11411), as amended, HUD is publishing this Notice to
identify Federal buildings and other real property that HUD has
reviewed for suitability for use to assist the homeless. The properties
were reviewed using information provided to HUD by Federal landholding
agencies regarding unutilized and underutilized buildings and real
property controlled by such agencies or by GSA regarding its inventory
of excess or surplus Federal property. This Notice is also published in
order to comply with the December 12, 1988 Court Order in National
Coalition for the Homeless v. Veterans Administration, No. 88-2503-OG
(D.D.C.).
Properties reviewed are listed in this Notice according to the
following categories: Suitable/available, suitable/unavailable,
suitable/to be excess, and unsuitable. The properties listed in the
three suitable categories have been reviewed by the landholding
agencies, and each agency has transmitted to HUD: (1) Its intention to
make the property available for use to assist the homeless, (2) its
intention to declare the property excess to the agency's needs, or (3)
a statement of the reasons that the property cannot be declared excess
or made available for use as facilities to assist the homeless.
Properties listed as suitable/available will be available
exclusively for homeless use for a period of 60 days from the date of
this Notice. Homeless assistance providers interested in any such
property should send a written expression of interest to HHS, addressed
to Judy Breitman, Division of Health Facilities Planning, U.S. Public
Health Service, HHS, room 17A-10, 5600 Fishers Lane, Rockville, MD
20857; (301) 443-2265. (This is not a toll-free number.) HHS will mail
to the interested provider an application packet, which will include
instructions for completing the application. In order to maximize the
opportunity to utilize a suitable property, providers should submit
their written expressions of interest as soon as possible. For complete
details concerning the processing of applications, the reader is
encouraged to refer to the interim rule governing this program, 56 FR
23789 (May 24, 1991).
For properties listed as suitable/to be excess, that property may,
if subsequently accepted as excess by GSA, be made available for use by
the homeless in accordance with applicable law, subject to screening
for other Federal use. At the appropriate time, HUD will publish the
property in a Notice showing it as either suitable/available or
suitable/unavailable.
For properties listed as suitable/unavailable, the landholding
agency has decided that the property cannot be declared excess or made
available for use to assist the homeless, and the property will not be
available.
Properties listed as unsuitable will not be made available for any
other purpose for 20 days from the date of this Notice. Homeless
assistance providers interested in a review by HUD of the determination
of unsuitability should call the toll free information line at 1-800-
927-7588 for detailed instructions or write a letter to David Pollack
at the address listed at the beginning of this Notice. Included in the
request for review should be the property address (including zip code),
the date of publication in the Federal Register, the landholding
agency, and the property number.
For more information regarding particular properties identified in
this Notice (i.e., acreage, floor plan, existing sanitary facilities,
exact street address), providers should contact the appropriate
landholding agencies at the following addresses: GSA: Leslie
Carrington, Federal Property Resources Services, GSA, 18th and F
Streets, NW., Washington, DC 20405; (202) 208-0619; Corps of Engineers:
Bob Swieconek, Headquarters, Army Corps of Engineers, Attn: CERE-MC,
Room 4224, 20 Massachusetts Ave. NW., Washington, DC 20314-1000; (202)
272-1753; U.S. Navy: John J. Kane, Deputy Division Director, Dept. of
Navy, Real Estate Operations, Naval Facilities Engineering Command, 200
Stovall Street, Alexandria, VA 22332-2300; (703) 325-0474; Dept. of
Transportation: Ronald D. Keefer, Director, Administrative Services &
Property Management, DOT, 400 Seventh St. SW., room 10319, Washington,
DC 20590; (202) 366-4246; Dept. of Veterans Affairs: Douglas Shinn,
Management Analyst, Dept. of Veterans Affairs, Room 414, Lafayette
Bldg., 811 Vermont Ave. NW., Washington, DC 20420; (202) 233-5026;
Dept. of Interior: Lola D. Knight, Property Management Specialist,
Dept. of Interior, 1849 C St. NW., Mailstop 5512-MIB, Washington, DC
20240; (202) 208-4080; Dept. of Energy: Tom Knox, Acting Team Leader,
Facilities Planning and Acquisition Branch, FM-20, Forrestal Bldg.,
Room 6H-058, Washington, DC 20585; (202) 586-1191. (These are not toll-
free numbers.)
Dated: August 26, 1994.
Jacquie M. Lawing,
Deputy Assistant Secretary for Economic Development.
TITLE V, FEDERAL SURPLUS PROPERTY PROGRAM, FEDERAL REGISTER REPORT FOR
9/2/94
Suitable/Available Properties
Buildings (by State)
Alabama
Bldg. 19, VA Medical Center
Tuskegee Co: Macon AL 36083-
Landholding Agency: VA
Property Number: 979220006
Status: Underutilized
Comment: Portion of a 5320 sq. ft. 4-story structure.
Alaska
Ketchikan Ranger House
Ketchikan AK 99901-
Landholding Agency: GSA
Property Number: 549430009
Status: Excess
Comment: 1832 sq. ft., 2 story residence, needs rehab, on National
Register of Historic Places.
GSA Number: 9-A-AK-0746.
California
Suppiger Residence
Point Reyes National Seashore
Point Reyes Co: Marin CA 94956-
Landholding Agency: GSA
Property Number: 549410003
Status: Excess
Comment: 850 sq. ft., 2 story frame structure, need repairs, off-
site removal only, narrow access road, removal restrictions.
GSA Number: 9-I-CA-958B.
Bldg. 50, Annex Area
Naval Postgraduate School
Monterey Co: Monterey CA 93943-
Landholding Agency: Navy
Property Number: 779320022
Status: Underutilized
Comment: 252 sq. ft., 1 story wood frame, needs rehab, secured area
w/alternate access, 5% in airport runway, most recent use--storage.
Bldg. 25, Annex Area
Naval Postgraduate School
Monterey Co: Monterey CA 93943-
Landholding Agency: Navy
Property Number: 779320023
Status: Unutilized
Comment: 1512 sq. ft., 1 story wood frame, most recent use--child
care center, secured area w/alternate access.
Bldg. 223
Naval Postgraduate School
Butler Road
Monterey Co: Monterey CA 93943-
Landholding Agency: Navy
Property Number: 779410014
Status: Unutilized
Comment: 8600 sq. ft., 2 story metal frame, most recent use--student
study hall.
Bldg. 224
Naval Postgraduate School
Butler Road
Monterey Co: Monterey CA 93943-
Landholding Agency: Navy
Property Number: 779410015
Status: Unutilized
Comment: 6400 sq. ft., 1 story metal frame, most recent use--
printing plant/academic lab.
Bldg. 500
Naval Postgraduate School
Bouldry Road
Monterey Co: Monterey CA 93943-
Landholding Agency: Navy
Property Number: 779410016
Status: Unutilized
Comment: 7392 sq. ft., 1 story metal frame, most recent use--
mechanical engineering lab, needs major rehab.
Bldg. 263
VA Medical Center
Wilshire and Sawtelle Blvds.
Los Angeles Co: Los Angeles CA 90073-
Landholding Agency: VA
Property Number: 979110010
Status: Unutilized
Comment: 1600 sq. ft., 1 story wood frame w/stucco exterior, needs
rehab, pass. asbestos on pipes/floor tiles, site access limitations,
no operating utilities.
Bldg. 20--VA Medical Center
Wilshire & Sawtelle Blvds.
Los Angeles Co: Los Angeles CA 90073-
Landholding Agency: VA
Property Number: 979210003
Status: Unutilized
Comment: 8758 gross sq. ft., one story wooden, requires complete
restoration meeting standards of national preservation laws and
guidelines.
Bldg. 13, VA Medical Center
Wilshire and Sawtelle Blvds.
Los Angeles Co: Los Angeles CA 90073-
Landholding Agency: VA
Property Number: 979220001
Status: Underutilized
Comment: Portion of 66,165 sq. ft. bldg., needs major rehab, no
util., pres. of asbestos, in historic district, potential to be
hazardous due to storage of radioactive material nearby.
Bldg. 156, VAMC
Wilshire & Sawtelle Blvds.
Los Angeles Co: Los Angeles CA 90073-
Landholding Agency: VA
Property Number: 979230015
Status: Underutilized
Comment: Portion of 39,454 sq. ft. bldg., presence of asbestos,
needs rehab, seismic reinforcement deficiencies, in his. district,
potentially hazardous due to nearby radioactive material.
Colorado
Former AF Finance Center
3800 York Street
Denver Co: Denver CO 80205-
Landholding Agency: GSA
Property Number: 549310011
Status: Excess
Comment: 293,932 sq. ft., 1-story timber frame with masonry
exterior, fair condition, most recent use--storage, office, rehab.
GSA Number: 7-GR-CO-468-D.
3 Bldgs.
Former U.S. Forest Service Admin. Site
Fox Lane
Beaulah Co: Pueblo CO 81023-
Landholding Agency: GSA
Property Number: 549330002
Status: Excess
Comment: 1100 sq. ft. 2-story house, 600 sq. ft. 1-story house and
1800 sq. ft. garage, most recent use--classroom, storage, residence.
GSA Number: 7-GR-CO-525.
Hawaii
Bldg. S87, Radio Trans. Fac.
Lualualei, Naval Station, Eastern Pacific
Wahiawa Co: Honolulu HI 96786-3050
Landholding Agency: Navy
Property Number: 779240011
Status: Unutilized
Comment: 7566 sq. ft., 1-story, needs rehab, most recent use--
storage, off-site use only.
Bldg. 466, Radio Trans. Fac.
Lualualei, Naval Station, Eastern Pacific
Wahiawa Co: Honolulu HI 96786-3050
Landholding Agency: Navy
Property Number: 779240012
Status: Unutilized
Comment: 100 sq. ft., 1-story, needs rehab, most recent use--gas
station, off-site use only.
Bldg. T33 Radio Trans Facility
Naval Computer & Telecommunications Area
Wahiawa Co: Honolulu HI 96786-3050
Landholding Agency: Navy
Property Number: 779310003
Status: Unutilized
Comment: 1536 sq. ft., 1-story, access restrictions, needs rehab,
most recent use--storage, off-site use only.
Bldg. 64, Radio Trans Facility
Naval Computer & Telecommunications Area
Wahiawa Co: Honolulu HI 96786-3050
Landholding Agency: Navy
Property Number: 779310004
Status: Unutilized
Comment: 3612 sq. ft., 1-story, access restrictions, needs rehab,
most recent use--storage, off-site use only.
Idaho
Hilton Dorm ``C''
Marsing Job Corp
Marsing Co: Owyhee ID 83639-
Landholding Agency: Interior
Property Number: 619410006
Status: Unutilized
Comment: 13,658 sq. ft.; 2-story brick frame; most recent use--
residence, off-site removal only.
Indiana
Bldg. 140, VAMC
East 38th Street
Marion Co: Grant IN 46952-
Landholding Agency: VA
Property Number: 979230007
Status: Underutilized
Comment: 60 sq. ft., concrete block bldg., most recent use--trash
house, access restrictions.
Iowa
Computer Services Bldg.
Pammel Drive
Ames Co: Story IA 50011-
Landholding Agency: Energy
Property Number: 419420002
Status: Unutilized
Comment: 990 sq. ft. shell construction, 3-walled bldg., off-site
use only.
Kansas
U.S. Post Office & Courthouse
812 North 7th Street
Kansas City Co: Wyandotte KS 66101-
Landholding Agency: GSA
Property Number: 549420003
Status: Excess
Comment: 52257 sq. ft., 4-story plus basement, presence of asbestos
and lead based paint, most recent use--offices.
GSA Number: 7-G-KS-0514.
Maine
Naval Air Station
Transmitter Site
Old Bath Road
Brunswick Co: Cumberland ME 04053-
Landholding Agency: Navy
Property Number: 779010110
Status: Underutilized
Comment: 7,270 sq. ft., 1-story bldg, most recent use-storage,
structural deficiencies.
Bldg. 332, Naval Air Station
Topsham Annex
Brunswick Co: Sagadahoc ME
Landholding Agency: Navy
Property Number: 779240013
Status: Excess
Comment: 1248 sq. ft., 1-story, most recent use--office building,
off-site use only.
Bldg. 333, Naval Air Station
Topsham Annex
Brunswick Co: Sagadahoc ME
Landholding Agency: Navy
Property Number: 779240014
Status: Excess
Comment: 12672 sq. ft., 2-story, most recent use--office building,
off-site use only.
Bldg. 373, Topsham Annex
Naval Air Station
Topsham Co: Sagadahoc ME
Landholding Agency: Navy
Property Number: 779320024
Status: Excess
Comment: 1300 sq. ft., 1-story, most recent use--public works
maintenance shop, on 2.55 acres.
Minnesota
Coast Guard Family Housing
404 East Hamilton Avenue
Baudette Co: Lake of the Woo MN 56623-
Landholding Agency: GSA
Property Number: 549230007
Status: Surplus
Comment: 1333 sq. ft., 1-story frame residence.
GSA Number: 2-U-MN-503-E.
Coast Guard Family Housing
406 East Hamilton Avenue
Baudette Co: Lake of the Woo MN 56623-
Landholding Agency: GSA
Property Number: 549230008
Status: Surplus
Comment: 1633 sq. ft., 1-story wood frame residence.
GSA Number: 2-U-MN-503-E.
Coast Guard Family Housing
408 East Hamilton Avenue
Baudette Co: Lake of the Woo MN 56623-
Landholding Agency: GSA
Property Number: 549230009
Status: Surplus
Comment: 1633 sq. ft., 1-story wood frame residence.
GSA Number: 2-U-MN-503-E.
Coast Guard Family Housing
418 East Hamilton Avenue
Baudette Co: Lake of the Woo MN 56623-
Landholding Agency: GSA
Property Number: 549230010
Status: Surplus
Comment: 1633 sq. ft., 1-story wood frame residence.
GSA Number: 2-U-MN-503-E.
Nebraska
Bldg. 20, Portion of VA Center
600 South 70th Street
Lincoln Co: Lancaster NE 68510-
Landholding Agency: GSA
Property Number: 549430003
Status: Excess
Comment: 3428 sq. ft., 2 story, needs major rehab, presence of
asbestos, ornamental concrete block structure.
GSA Number: 7-GR-NE-427C.
Nevada
17 Single Family Residences
Tonopah Housing Complex
Tonopah Co: Nye NV 89049-
Landholding Agency: GSA
Property Number: 549430004
Status: Excess
Comment: 1192 to 1378 sq. ft., 1 story wood residences, 3 bedrooms/1
bathroom, (4 of these residences are unavailable for homeless asst.
use due to a compelling Federal need).
GSA Number: 9-U-NV-467-C.
1 Single Family Residence
Tonopah Housing Complex
Tonopah Co: Nye NV 89049-
Landholding Agency: GSA
Property Number: 549430005
Status: Excess
Comment: 1527 sq. ft., 1 story wood residence, 4 bedrooms/2
bathrooms.
GSA Number: 9-U-NV-467-C.
Bldg. 111
Tonopah Housing Complex
Tonopah Co: Nye NV 89049-
Landholding Agency: GSA
Property Number: 549430006
Status: Excess
Comment: 2507 sq. ft., most recent use--office.
GSA Number: 9-U-NV-467-D.
Bldg. 112
Tonopah Housing Complex
Tonopah Co: Nye NV 89049-
Landholding Agency: GSA
Property Number: 549430007
Status: Excess
Comment: 1920 sq. ft., most recent use--storage.
GSA Number: 9-U-NV-467-D.
Bldg. 120
Tonopah Housing Complex
Tonopah Co: Nye NV 89049-
Landholding Agency: GSA
Property Number: 549430008
Status: Excess
Comment: 1440 sq. ft., most recent use--motor pool.
GSA Number: 9-U-NV-467-D.
New Mexico
Mobile Home, GQ
Gran Quivira Ruins
Mountainair Co: Socorro NM 87036-
Landholding Agency: Interior
Property Number: 619430003
Status: Excess
Comment: 938 sq. ft.; wood frame/wood siding mobile home; off-site
removal only.
Pennsylvania
Bldg. 25--VA Medical Center
Delafield Road
Pittsburgh Co: Alleghney PA 15215-
Landholding Agency: VA
Property Number: 979210001
Status: Unutilized
Comment: 133 sq. ft., one story brick guard house, needs rehab.
Tennessee
Bldg. 16, VAMC Mountain Home
Johnson Co: Washington TN 37604-
Landholding Agency: VA
Property Number: 979220007
Status: Unutilized
Comment: 3215 sq. ft., 3-story wood frame residence, needs repair
subject to historic preservation requirements.
Virginia
NPS Tract 473-03
Known as Hundley House, Appalachian National Scenic Trail
Troutville Co: Botetourt VA 24175-
Location: U.S. Route 11 on southern end of Troutville
Landholding Agency: Interior
Property Number: 619430001
Status: Excess
Comment: 2400 sq. ft.; 2 story residence; wood frame; presence of
lead based paint & asbestos, need repairs, off-site removal only.
NPS Tract 473-03
Known as Hundley Garage
Troutville Co: Botetourt VA 24175-
Location: U.S. Route 11 on southern end of Troutville
Landholding Agency: Interior
Property Number: 619430002
Status: Excess
Comment: 1400 sq. ft.; 2 story garage/shop; masonry & wood frame;
needs repairs; off-site removal only.
Washington
Construction Office Bldg.
Roosevelt Way
Coulee Dam Co: Okanogan WA 99116-
Landholding Agency: Interior
Property Number: 619410002
Status: Excess
Comment: 7778 sq. ft., 1 story frame structure, off-site removal
only, most recent use--offices.
Wisconsin
Bldg. 8
VA Medical Center
County Highway E
Tomah Co: Monroe WI 54660-
Landholding Agency: VA
Property Number: 979010056
Status: Underutilized
Comment: 2200 sq. ft., 2 story wood frame, possible asbestos,
potential utilities, structural deficiencies, needs rehab.
Land (by State)
Alabama
VA Medical Center
VAMC
Tuskegee Co: Macon AL 36083-
Landholding Agency: VA
Property Number: 979010053
Status: Underutilized
Comment: 40 acres, buffer to VA Medical Center, potential utilities,
undeveloped.
Arizona
Tract No. APO-SRP-RB-5
Mesa Co: Maricopa AZ 85213-
Location: 2000' south of Thomas Road at Val Vista Drive
Landholding Agency: Interior
Property Number: 619410005
Status: Unutilized
Comment: 0.57 acre; 20 foot strip of land which is 1,026 ft long.
Arkansas
Old Lock & Dam site No. 6
Quachita-Black Rivers Navigation Proj. Co: Ashley/Union AR
Landholding Agency: GSA
Property Number: 54920007
Status: Excess
Comment: 62.37 acres in two tracts, no known utilities potential.
GSA Number: 7-D-AR-549.
California
Receiver Site
Delano Relay Station
Route 1, Box 1350
Delano Co: Tulare CA 93215-
Location: 5 miles west of Pixley, 17 miles north of Delano.
Landholding Agency: GSA
Property Number: 549010044
Status: Surplus
Comment: 81 acres, 1560 sq. ft. radio receiver bldg. on site,
subject to grazing lease, potential utilities, environmental
restrictions.
GAS Number: 9-2-CA-1308.
(P) Camp Elliott
Rosedale Tract
San Diego Co: San Diego CA
Landholding Agency: GSA
Property Number: 549310008
Status: Surplus
Comment: Parcel 1-0.15 acre, Parcel 2-0.17 acre, located in the
narrow median strip between Murphy Canyon Rd. and State Highway 15,
previously leased by homeless provider.
GSA Number: 9-GR(6)-CA-694A.
Elder Creek Weather Station Co: Tehama CA
Location: Sec. 21, Twp. 24N, Range 7W
Landholding Agency: Interior
Property Number: 619410003
Status: Unutilized
Comment: 0.54 acres; no known potential utilities; most recent use--
weather station site.
L-4 Reservoir
La Quinta Co: Riverside CA 92253-
Location: Borders Adams St., \1/4\ mile north of Calle Tampico
Landholding Agency: Interior
Property Number: 619410004
Status: Excess
Comment: 1.69 acres; concrete reservoir; most recent use--water
retention.
Land
4150 Clement Street
San Francisco Co: San Francisco CA 94121-
Landholding Agency: VA
Property Number: 979240001
Status: Underutilized
Comment: 4 acres; landslide area.
Georgia
Naval Submarine Base
Grid R-2 to R-3 to V-4 to V-1
Kings Bay Co: Camden GA 31547-
Landholding Agency: Navy
Property Number: 779010229
Status: Underutilized
Comment: 111.57 acres; areas may be environmentally protected;
secured area with alternate access.
Kansas
Parcels #2 and #3
Fall River Lake
Section 25 and 26
Co: Greenwood KS
Landholding Agency: GSA
Property Number: 319010066
Status: Excess
Comment: 64.24 acres, most recent use--recreation.
GSA Number: 7-D-KS-0513.
Louisiana
Land--8.27 acres
VA Medical Center
2501 Shreveport Highway
Alexandria Co: Rapides LA 71301-
Landholding Agency: VA
Property Number: 979010009
Status: Unutilized
Comment: 8.27 acres, heavily wooded with natural drainage ravine
across property, most recent use--recreation/buffer area.
Maryland
VA Medical Center
9500 North Point Road
Fort Howard Co: Baltimore MD 21052-
Landholding Agency: VA
Property Number: 979010020
Status: Underutilized
Comment: Approx. 10 acres, wetland and periodically floods, most
recent use--dump site for leaves.
Montana
Makoshika Radio Site
Glendive Co: Dawson MT 59330-
Landholding Agency: GSA
Property Number: 549420004
Status: Excess
Comment: 4.13 acres, limited utilities, most recent use--
communication site.
GSA Number: 7-B-MT-599.
Oklahoma
Parcel No. 7
Kaw Lake
Section 27 Co: Kay OK
Landholding Agency: GSA
Property Number: 319010842
Status: Excess
Comment: 21 acres; potential utilities; most recent use--recreation.
Puerto Rico
Parcel A
Naval Station, Roosevelt Roads
Vieques PR 00765-
Landholding Agency: GSA
Property Number: 549340003
Status: Excess
Comment: 68.11 acres, potential limited utilities, most recent use--
buffer zone.
GSA Number: 2-N-PR-485.
Parcel C
Naval Station, Roosevelt Roads
Vieques PR 00765-
Landholding Agency: GSA
Property Number: 549340004
Status: Excess
Comment: 96.41 acres, subject to water/sewer easement, access
restrictions, most recent use--buffer zone.
GSA Number: 2-N-PR-486.
La Hueca--Naval Station
Roosevelt Roads
Vieques PR 00765-
Landholding Agency: GSA
Property Number: 549420006
Status: Excess
Comment: 323 acres, cultural site.
Texas
Peary Point #2
Naval Air Station
Corpus Christi Co: Nueces TX 78419-5000
Landholding Agency: Navy
Property Number: 779030001
Status: Excess
Comment: 43.48 acres; 60% of land under lease until 8/93.
GSA Number: 7-N-TX-401-V.
Land
Olin E. Teague Veterans Center
1901 South 1st Street
Temple Co: Bell TX 76504-
Landholding Agency: VA
Property Number: 979010079
Status: Underutilized
Comment: 13 acres, portion formerly landfill, portion near flammable
materials, railroad crosses property, potential utilities.
VA Medical Center
4800 Memorial Drive
Waco Co: McLennan TX 76711-
Landholding Agency: VA
Property Number: 979010081
Status: Underutilized
Comment: 2.3 acres, negotiating lease w/Owens-Illinois Glass Plant,
most recent use--parking lot.
Washington
Asotin Quarry-Lower Lock & Dam
West of Upriver Road
Asotin Co: Asotin WA 99402-
Landholding Agency: GSA
Property Number: 549340001
Status: Excess
Comment: 39.42 acres, access easement, most recent use--rock quarry.
GSA Number: 9-D-WA-824K.
Former Stadium Homes site
1701 28th Avenue, South
Seattle Co: King WA 98144-
Landholding Agency: GSA
Property Number: 549410005
Status: Excess
Comment: 1.46 acres; most recent use--highway equipment storage;
potential for city utility services; land slopes.
GSA Number: 9-GR(1)-WA-543.
Wisconsin
VA Medical Center
County Highway E
Tomah Co: Monroe WI 54660-
Landholding Agency: VA
Property Number: 979010054
Status: Underutilized
Comment: 12.4 acres, serves as buffer between center and private
property, no utilities.
Suitable/Unavailable Properties
Buildings (by State)
Arkansas
Murray Overlook & Info. Center
McClellan-Kerr Arkansas River
Navigation Project
Little Rock Co: Pulaski AR 72203-
Landholding Agency: GSA
Property Number: 549410007
Status: Excess
Comment: 1003 sq. ft.; 1 story with basement; bldg. on 4.80 acres
includes paved parking; concrete; needs rehab.; most recent use--
info. center/observation area.
GSA Number: 7-D-AR-548.
California
Bldg. 116
VA Medical Center
Wilshire and Sawtelle Blvds.
Los Angeles Co: Los Angeles CA 90073-
Landholding Agency: VA
Property Number: 979110009
Status: Underutilized
Comment: 60309 sq. ft., 3 story brick frame, seismic reinforcement
defics., underutil. port of bldg. used intermitly., needs rehab,
poss. asbestos in pipes/floor tiles, site access lim.
Florida
Bldg. 24, VAMC
10,000 Bay Pines Blvd.
Bay Pines Co: Pinellas FL 33504-
Landholding Agency: VA
Property Number: 979230008
Status: Underutilized
Comment: Portion of 6150 sq. ft., 3 story concrete frame bldg.,
needs rehab, presence of asbestos, listed on Natl Register of
Historic Places, access restrictions.
Bldg. 36, VAMC
10,000 Bay Pines Blvd.
Bay Pines Co: Pinellas FL 33504-
Landholding Agency: VA
Property Number: 979230009
Status: Underutilized
Comment: portion of 15,984 sq. ft., 1 story concrete frame bldg.,
needs rehab, presence of asbestos, listed on Natl Register of
Historic Places, access restrictions.
Bldg. 37, VAMC
10,000 Bay Pines Blvd.
Bay Pines Co: Pinellas FL 33504-
Landholding Agency: VA
Property Number: 979230010
Status: Underutilized
Comment: Third floor of a concrete frame bldg. (13,900 sq. ft.),
presence of asbestos, listed on Natl Register of Historic Places,
access restrictions.
Indiana
Bldg. 24, VAMC
East 38th Street
Marion Co: Grant IN 46952-
Landholding Agency: VA
Property Number: 979230005
Status: Underutilized
Comment: portion of 4135 sq. ft., 2-story wood structure, needs
major rehab, no sanitary or heating facilities, presence of
asbestos, access restrictions.
Bldg. 105, VAMC
East 38th Street
Marion Co: Grant IN 46952-
Landholding Agency: VA
Property Number: 979230006
Status: Underutilized
Comment: 310 sq. ft., 1 story stone structure, needs major rehab, no
sanitary or heating facilities, access restrictions.
Kansas
Federal Office Building
1923 Broadway
Great Bend Co: Barton KS 67530-
Landholding Agency: GSA
Property Number: 549340005
Status: Excess
Comment: 4452 sq. ft., concrete/steel frame, 1 story w/basement,
possible asbestos, most recent use--office building.
GSA Number: 7-G-KS-515
Maine
9 Capehart Family Houses
Charleston Family Housing Annex, Union St.
Bangor Co: Penobscot ME
Landholding Agency: GSA
Property Number: 189310052
Status: Surplus
Comment: 2916-7097 sq. ft., 1-2 story wood, 3-duplexes, 27-four
plexes totaling 114 units with garages.
GSA Number: 2-D-ME-526G
Bldg. 376, Naval Air Station
Topsham Annex
Topsham Co: Sagadahoc ME
Landholding Agency: Navy
Property Number: 779320011
Status: Unutilized
Comment: 4530 sq. ft., 2-story, most recent use--quarters, needs
rehab
Maryland
Bldg. 230
Naval Communication Detachment
9190 Commo Road
Cheltenham Co: Prince George MD 20397-5520
Landholding Agency: Navy
Property Number: 779330010
Status: Unutilized
Comment: 12,384 sq. ft., 4-story, needs rehab, potential utilities,
includes 37 acres of land
Massachusetts
Lowell Federal Building
50 Kearny Square
Lowell Co: Middlesex MA 01854-
Landholding Agency: GSA
Property Number: 549320003
Status: Excess
Comment: 40,283 sq. ft., 3-story concrete and steel bldg., most
recent use--storage/office and medical clinic
GSA Number: 2-G-MA-778
Minnesota
Army Reserve Center
301 Lexington Ave. South
New Prague Co: LeSueur MN 56071-
Landholding Agency: GSA
Property Number: 549330003
Status: Excess
Comment: 4316 sq. ft., brick veneer and concrete block office and
training bldg. and a 1170 sq. ft., maintenance shop on 3.82 acres of
land leased by the City
GSA Number: 2-D-MN-558
Bldg. 227
Va Medical Center
Fort Snelling
St. Paul Co: Hennepin MN 55111-
Landholding Agency: VA
Property Number: 979010033
Status: Unutilized
Comment: 850 sq. ft., 2 story wood frame and brick residence,
utilities disconnected.
New York
(P) Form. Alex. Bay CG Station
Landon Road, Wellesley Island
Alexandria Co: Jefferson NY
Landholding Agency: GSA
Property Number: 549310006
Status: Excess
Comment: 2500 sq. ft., 2-story wood bldg., 5 acres of land
GSA Number: 2-GR-NY-0730A-000Z
Bldg. 144, VAECC
Linden Blvd. and 179th St.
St. Albans Co: Queens NY 11425-
Landholding Agency: VA
Property Number: 979210004
Status: Unutilized
Comment: 5215 sq. ft., 2 story wood frame residence, needs rehab,
potential utilities
Bldg. 143, VAECC
Linden Blvd. and 179th St.
St. Albans Co: Queens NY 11425-
Landholding Agency: VA
Property Number: 979210005
Status: Unutilized
Comment: 5215 sq. ft., 2 story wood frame residence, needs rehab,
potential utilities
Bldgs. 142/146, VAECC
Linden Blvd. and 179th St.
St. Albans Co: Queens NY 11425-
Landholding Agency: VA
Property Number: 979210006
Status: Unutilized
Comment: 5215 sq. ft., 2 story wood frame residence with 380 sq. ft.
attached garage, needs rehab, potential utilities
North Carolina
Portion VA Reservation
Nurses Quarters
Oteen Co: Buncombe NC
Landholding Agency: GSA
Property Number: 549320006
Status: Excess
Comment: 8752 sq. ft., 3-story stucco bldg., presence of asbestos,
most recent use--educational facility
GSA Number: 4-GR-NC-481B
Ohio
Naval & Marine Corps Res. Cntr
315 East LaClede Avenue
Youngstown OH
Landholding Agency: Navy
Property Number: 779320012
Status: Unutilized
Comment: 3067 sq. ft. 2 story, possible asbestos.
Pennsylvania
Storage & Maint. Facility
1200 Airport Road
Hopewell Co: Beaver PA 15001-
Landholding Agency: GSA
Property Number: 549330004
Status: Excess
Comment: 44157 sq. ft., 1-story concrete block bldg. (inadequate
heating) and 19 acres of land, easements for pipelines and public
utilities
GSA Number: 4-L-PA-766
Bldg. 2, VAMC
1700 South Lincoln Avenue
Lebanon Co: Lebanon PA 17042-
Landholding Agency: VA
Property Number: 979230011
Status: Underutilized
Comment: portion of 16,360 sq. ft. 3-story structure, most recent
use--storage.
Bldg. 3, VAMC
1700 South Lincoln Avenue
Lebanon Co: Lebanon PA 17042-
Landholding Agency: VA
Property Number: 979230012
Status: Underutilized
Comment: portion of bldg. (3850 and 4360 sq. ft.), most recent use--
storage.
Bldg. 27, VAMC
1700 South Lincoln Avenue
Lebanon Co: Lebanon PA 17042-
Landholding Agency: VA
Property Number: 979230013
Status: Underutilized
Comment: Second floor of bldg. (3,410 sq. ft.)
Bldg. 103, VAMC
1700 South Lincoln Avenue
Lebanon Co: Lebanon PA 17042-
Landholding Agency: VA
Property Number: 979230014
Status: Underutilized
Comment: portion of 1215 sq. ft. 2-story stone farm house, needs
repair.
South Dakota
Clark Communication Site
12 miles north & 5 miles west of Clark Co: Clark SD 57225-
Landholding Agency: GSA
Property Number: 549340008
Status: Excess
Comment: 2 acres with a 200 foot radio tower, 8 x 8 hutment &
12 x 12 hutment
GSA Number: 7-B-SD-514
Tennessee
Alamo Federal Building
146 East Park
Alamo Co: Crockett TN 38001-
Landholding Agency: GSA
Property Number: 549340007
Status: Excess
Comment: 4970 sq. ft. brick bldg. (this excludes space occupied by
U.S. Post Office)
GSA Number: 4-G-TN-617A
Texas
Bldg. 2
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant TX 76070-
Landholding Agency: GSA
Property Number: 219014815
Status: Unutilized
Comment: 94606 sq. ft.; 1 story wood, masonry, and metal frame;
subject to sewer pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 4
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant TX 76070-
Landholding Agency: GSA
Property Number: 219014816
Status: Excess
Comment: 1350 sq. ft.; 1 story structured clay tile and metal frame;
subject to sewer pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 17
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant TX 76070-
Landholding Agency: GSA
Property Number: 219014817
Status: Excess
Comment: 68 sq. ft.; wood and metal frame; subject to sewer pipeline
easement; needs rehab; most recent use--guard house.
GSA Number: 7-D-TX-879A
Bldg. 29
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant TX 76070-
Landholding Agency: GSA
Property Number: 219014818
Status: Excess
Comment: 5028 sq. ft.; 1 story wood, masonry and metal frame;
subject to sewer pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 30
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant TX 76070-
Landholding Agency: GSA
Property Number: 219014819
Status: Excess
Comment: 5323 sq. ft.; 1 story wood and metal frame; subject to
sewer pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 18
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant TX 76070-
Landholding Agency: GSA
Property Number: 219014820
Status: Excess
Comment: 9560 sq. ft.; 1 story wood, masonry and metal frame;
subject to sewer pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 6
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant TX 76070-
Landholding Agency: GSA
Property Number: 219014821
Status: Excess
Comment: 1258 sq. ft.; 1 story structured clay tile and metal frame;
subject to pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 7
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant TX 76070-
Landholding Agency: GSA
Property Number: 219014822
Status: Excess
Comment: 508 sq. ft.; 1 story wood and metal frame; subject to sewer
pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 8
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant TX 76070-
Landholding Agency: GSA
Property Number: 219014824
Status: Excess
Comment: 171 sq. ft.; 2 story concrete block and brick; subject to
sewer pipeline easement; needs rehab; most recent use--watch tower.
GSA Number: 7-D-TX-879A
Bldg. 16
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant TX 76070-
Landholding Agency: GSA
Property Number: 219014825
Status: Excess
Comment: 17263 sq. ft.; 1 story wood and metal frame; subject to
sewer pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 19
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant TX 76070-
Landholding Agency: GSA
Property Number: 219014826
Status: Excess
Comment: 25399 sq. ft.; 1 story wood and metal frame; subject to
sewer pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 31
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant TX 76070-
Landholding Agency: GSA
Property Number: 219014827
Status: Excess
Comment: 1392 sq. ft.; 1 story wood and metal frame; subject to
sewer pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 9
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant, TX 76070-
Landholding Agency: GSA
Property Number: 219014828
Status: Excess
Comment: 244 sq. ft.; 1 story wood, hollow tile and metal frame;
subject to sewer pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 25
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant, TX 76070-
Landholding Agency: GSA
Property Number: 219014829
Status: Excess
Comment: 1320 sq. ft.; 1 story wood and metal frame; subject to
sewer pipeline easement; needs rehab; most recent use--fire house
GSA Number: 7-D-TX-879A
Bldg. 10
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant, TX 76070-
Landholding Agency: GSA
Property Number: 219014830
Status: Excess
Comment: 354 sq. ft.; 2 story concrete block and brick; subject to
sewer pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 26
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant, TX 76070-
Landholding Agency: GSA
Property Number: 219014831
Status: Excess
Comment: 3518 sq. ft.; 1 story wood and metal frame; subject to
sewer pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 21
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant, TX 76070-
Landholding Agency: GSA
Property Number: 219014832
Status: Excess
Comment: 65 sq. ft.; wood and metal frame; subject to sewer pipeline
easement; needs rehab; most recent use--guard house.
GSA Number: 7-D-TX-879A
Bldg. 22
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant, TX 76070-
Landholding Agency: GSA
Property Number: 219014833
Status: Excess
Comment: 50581 sq. ft.; 1 story wood and metal frame; subject to
sewer pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Bldg. 27
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant, TX 76070-
Landholding Agency: GSA
Property Number: 219014834
Status: Excess
Comment: 228 sq. ft.; 2 story wood and metal frame; subject to sewer
pipeline easement; needs rehab; most recent use--control tower.
GSA Number: 7-D-TX-879A
Bldg. 32
Saginaw Army Aircraft Plant
Saginaw Co: Tarrant, TX 76070-
Landholding Agency: GSA
Property Number: 219014835
Status: Excess
Comment: 19546 sq. ft.; 1 story wood and metal frame; subject to
sewer pipeline easement; needs rehab.
GSA Number: 7-D-TX-879A
Del Rio Federal Building
Main at Broadway
Del Rio Co: Val Verde, TX 78840-
Landholding Agency: GSA
Property Number: 549310001
Status: Excess
Comment: 15600 sq. ft., 3 story plus basement, masonry frame, most
recent use--offices and courthouse.
GSA Number: 7-G-TX-1034
Portion of Fort Wolters
NW corner of Leavenworth & Lee Road
Mineral Wells Co: Parker & Palo P, TX 76067-
Landholding Agency: GSA
Property Number: 549410006
Status: Surplus
Comment: 2 story, wood frame/painted galvanized sheet siding bldg.
on 2.18 acres; needs rehab.; presence of friable asbestos in pipe
insulation; most recent use--gymnasium
GSA Number: 7-GR-TX-548BB
Bldg. 2435
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces, TX 78419-
Landholding Agency: Navy
Property Number: 779010161
Status: Underutilized
Comment: 1730 sq. ft.; 1 story residence.
Bldg. 2436
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces, TX 78419-
Landholding Agency: Navy
Property Number: 779010162
Status: Underutilized
Comment: 3352 sq. ft.; 1 story residence.
Bldg. 2460
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010163
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2462
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010164
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2464
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010165
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2466
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010166
Status: Underutilized
Comment: 1576 sq. ft.; 1 story residence.
Bldg. 2467
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010167
Status: Underutilized
Comment: 3532 sq. ft.; 1 story residence.
Bldg. 2468
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010168
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2472
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010169
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2476
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010170
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2482
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010171
Status: Underutilized
Comment: 1760 sq. ft.; 1 story residence.
Bldg. 2495
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010172
Status: Underutilized
Comment: 1760 sq. ft.; 1 story residence.
Bldg. 2514
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010173
Status: Underutilized
Comment: 1730 sq. ft.; 1 story residence.
Bldg. 2518
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010174
Status: Underutilized
Comment: 1676 sq. ft.; 1 story residence.
Bldg. 2520
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010175
Status: Underutilized
Comment: 1676 sq. ft.; 1 story residence.
Bldg. 2522
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010176
Status: Underutilized
Comment: 1676 sq. ft.; 1 story residence.
Bldg. 2526
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010177
Status: Underutilized
Comment: 1676 sq. ft.; 1 story residence.
Bldg. 2423
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010178
Status: Underutilized
Comment: 3532 sq. ft.; 1 story residence.
Bldg. 2427
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010179
Status: Underutilized
Comment: 3532 sq. ft.; 1 story residence.
Bldg. 2431
Laguna Housing Area
NAS Corpus Christi `
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010180
Status: Underutilized
Comment: 3532 sq. ft.; 1 story residence.
Bldg. 2424
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010181
Status: Underutilized
Comment: 3532 sq. ft.; 1 story residence.
Bldg. 2433
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010182
Status: Underutilized
Comment: 3352 sq. ft.; 1 story residence.
Bldg. 2428
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010183
Status: Underutilized
Comment: 3352 sq. ft.; 1 story residence.
Bldg. 2429
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010184
Status: Underutilized
Comment: 3152 sq. ft.; 1 story residence.
Bldg. 2454
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010185
Status: Underutilized
Comment: 3152 sq. ft.; 1 story residence.
Bldg. 2477
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010186
Status: Underutilized
Comment: 3152 sq. ft.; 1 story residence.
Bldg. 2485
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010187
Status: Underutilized
Comment: 3152 sq. ft.; 1 story residence.
Bldg. 2499
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010188
Status: Underutilized
Comment: 3152 sq. ft.; 1 story residence.
Bldg. 2503
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010189
Status: Underutilized
Comment: 3152 sq. ft.; 1 story residence.
Bldg. 2507
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010190
Status: Underutilized
Comment: 3152 sq. ft.; 1 story residence.
Bldg. 2513
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010191
Status: Underutilized
Comment: 3152 sq. ft.; 1 story residence.
Bldg. 2521
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010192
Status: Underutilized
Comment: 3152 sq. ft.; 1 story residence.
Bldg. 2451
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010193
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2458
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010194
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2461
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010195
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2473
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010196
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2478
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010197
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2480
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010198
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2484
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010199
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2486
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010200
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2487
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010201
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2488
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010202
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2494
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010203
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2500
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010204
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2502
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010205
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2506
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010206
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2508
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010207
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2525
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010208
Status: Underutilized
Comment: 1758 sq. ft.; 1 story residence.
Bldg. 2452
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010209
Status: Underutilized
Comment: 3356 sq. ft.; 1 story residence.
Bldg. 2475
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010210
Status: Underutilized
Comment: 3356 sq. ft.; 1 story residence.
Bldg. 2479
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010211
Status: Underutilized
Comment: 3356 sq. ft.; 1 story residence.
Bldg. 2497
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010212
Status: Underutilized
Comment: 3356 sq. ft.; 1 story residence.
Bldg. 2501
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010213
Status: Underutilized
Comment: 3356 sq. ft.; 1 story residence.
Bldg. 2505
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010214
Status: Underutilized
Comment: 3356 sq. ft.; 1 story residence.
Bldg. 2515
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010215
Status: Underutilized
Comment: 3356 sq. ft.; 1 story residence.
Bldg. 2517
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010216
Status: Underutilized
Comment: 3356 sq. ft.; 1 story residence.
Bldg. 2519
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010217
Status: Underutilized
Comment: 3356 sq. ft.; 1 story residence.
Bldg. 2523
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010218
Status: Underutilized
Comment: 3356 sq. ft.; 1 story residence.
Bldg. 2465
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010219
Status: Underutilized
Comment: 1576 sq. ft.; 1 story residence.
Bldg. 2493
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010220
Status: Underutilized
Comment: 1576 sq. ft.; 1 story residence.
Bldg. 2510
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010221
Status: Underutilized
Comment: 1576 sq. ft.; 1 story residence.
Bldg. 2474
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010222
Status: Underutilized
Comment: 3528 sq. ft.; 1 story residence.
Bldg. 2481
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010223
Status: Underutilized
Comment: 3528 sq. ft.; 1 story residence
Bldg. 2509
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010224
Status: Underutilized
Comment: 1676 sq. ft.; 1 story residence
Bldg. 2511
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010225
Status: Underutilized
Comment: 1676 sq. ft.; 1 story residence.
Bldg. 2512
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010226
Status: Underutilized
Comment: 1676 sq. ft.; 1 story residence.
Bldg. 2527
Laguna Housing Area
NAS Corpus Christi
Corpus Christi Co: Nueces TX 78419-
Landholding Agency: Navy
Property Number: 779010227
Status: Underutilized
Comment: 1676 sq. ft.; 1 story residence.
Virginia
Margaret Stanley Estate
2908 Benefit Road
Chesapeake Co: Norfolk VA 23322-
Landholding Agency: GSA
Property Number: 549410001
Status: Excess
Comment: 800 sq. ft., 1 story residence on 38.42 acres of land GSA
Number: 4-G-VA-692.
Naval Medical Clinic
6500 Hampton Blvd.
Norfolk Co: Norfolk VA 23508-
Landholding Agency: Navy
Property Number: 779010109
Status: Unutilized
Comment: 3665 sq ft., 1 story, possible asbestos, most recent use--
laundry.
Washington
Olympia Federal Building
801 Capitol Way
Olympia Co: Thurston WA
Landholding Agency: GSA
Property Number: 549420002
Status: Excess
Comment: 13,800 sq. ft., 3-story/basement, on Natl Hist. Reg., pres.
of lead based paint, city seismic code prohibits residential use,
does not meet Federal standards for seismic tests.
GSA Number: G-WA-1040.
West Virginia
Naval & Marine Corps Res. Ctr.
N. 13th St & Ohio River
Wheeling Co: Ohio WV 26003-
Landholding Agency: Navy
Property Number: 779010077
Status: Excess
Comment: 32000 sq. ft.; 1 floor; most recent use--offices; 15% of
total space occupied; needs rehab; land leased from city--expires
September 1990.
Wyoming
Bldg. 13
Medical Center
N.W. of town at the end of Fort Road
Sheridan Co: Sheridan WY 82801-
Landholding Agency: VA
Property Number: 979110001
Status: Unutilized
Comment: 3613 sq. ft., 3 story wood frame masonry veneered,
potential utilitites, possible asbestos, needs rehab.
Bldg. 79
Medical Center
N.W. of town at the end of Fort Road
Sheridan Co: Sheridan WY 82801-
Landholding Agency: VA
Property Number: 979110003
Status: Unutilized
Comment: 45 sq. ft., 1 story brick and tile frame, limited
utilities, most recent use--reservoir house, use for storage
purposes.
Land (by State)
Arizona
Land--640 acres
Ave. B--County 23 St.
Yuma Co: Yuma AZ 85364-
Landholding Agency: Interior
Property Number: 619340001
Status: Unutilized
Comment: Desert land, currently no water available, possible lease
restrictions.
Tract No. APO-SRP-JL-4
West of 91st Ave. & South of Indian School Rd
Co: Maricopa AZ
Landholding Agency: Interior
Property Number: 61934002
Status: Unutilized
Comment: 26 foot strip of land 800 feet long, possible easement
restrictions.
Quartermaster Depot
4th Avenue and Colorado River
Yuma Co: Yuma AZ 85364-
Landholding Agency: Interior
Property Number: 619420001
Status: Unutilized
Comment: Less than 1 acre, dirt and shrubbery along the river, lease
restrictions, historical site.
California
Receiver Site
Dixon Relay Station
7514 Radio Station Road
Dixon CA 95620-9653
Location: Approximately .16 miles southeast of Dixon, CA.
Landholding Agency: GSA
Property Number: 549010042
Status: Excess
Comment: 80 acres, 1560 sq. ft. radio receiver bldg. on site,
subject to grazing lease, limited utilities.
GSA Number: 9-2-CA-1162-A.
.4075 acres
Ocotillo Wells
Borrego CA
Landholding Agency: GSA
Property Number: 549230002
Status: Excess
Comment: Unimproved land, surrounding land--desert.
GSA Number: 9-F-CA-1327.
Dixon Relay Station
7514 Radio Road
Dixon Co: Solano CA 95620-9653
Landholding Agency: GSA
Property Number: 549320002
Status: Surplus
Comment: 787.53 acres with 7 bldgs., most recent use--transmitter
site.
GSA Number: 9-Z-CA-1162B.
Folsom South Canal
SW corner of Whiterock Rd. & Folsom S Canal
Rancho Cordova Co: Sacramento CA 95670-
Landholding Agency: Interior
Property Number: 619310002
Status: Excess
Comment: 1.52 acres; perpetual easement over .25 acre, surrounding
land use is commercial.
Land
VA Medical Center
Wilshire and Sawtelle Boulevards
Los Angeles Co: Los Angeles CA 90073-
Landholding Agency: VA
Property Number: 979010077
Status: Underutilized
Comment: Approx. 30 acres of 80 acre tract, 7 acre portion
contaminated, portions may be environmentally protected.
Florida
Former US Army Reserve Center
Belvedere Rd. and Clubhouse Dr.
West Palm Beach Co: Palm Beach FL 33409-
Landholding Agency: GSA
Property Number: 549310005
Status: Unutilized
Comment: 3.10 acres, utilities, previously leased by non-profit for
homeless assistance use.
GSA Number: 4-GR-FL-682A.
Naval Public Works Center
Naval Air Station
Pensacola Co: Escambia FL 32508-
Location: Southeast corner of Corey station--next to family housing.
Landholding Agency: Navy
Property Number: 779010157
Status: Unutilized
Comment: 22 acres.
Buffer Zone, VAMC
10,000 Bay Pines Blvd.
Bay Pines Co: Pinellas FL 33504-
Landholding Agency: VA
Property Number: 979230016
Status: Underutilized
Comment: Approx. 20 acres, storm water retention areas.
Compound, VAMC
10,000 Bay Pines Blvd.
Bay Pines Co: Pinellas FL 33504-
Landholding Agency: VA
Property Number: 979230017
Status: Underutilized
Comment: Approx. 7 acres, storage compound, partially wooded.
Georgia
Portion of Tract I-801
Lake Allatoona, Yacht Club Road
Acworth Co: Cherokee GA 30102-
Landholding Agency: GSA
Property Number: 549340009
Status: Excess
Comment: 7.02 acres, no sewer or public water system, most recent
use--timber growth.
GSA Number: 4-D-GA-826.
Portion of Tract E-419
Cheatham Road
Acworth Co: Cobb GA 30101-
Landholding Agency: GSA
Property Number: 549340010
Status: Excess
Comment: 0.57 acres, fronts on paved road, possible zoning
variances.
GSA Number: 4-D-GA-827.
Naval Submarine Base
Grid AA-1 to AA-4 to EE-7 to FF-2
Kings Bay Co: Camden GA 31547-
Landholding Agency: Navy
Property Number: 779010255
Status: Underutilized
Comment: 495 acres; 86 acre portion located in floodway; secured
area with alternate access.
Idaho
Sandpoint Substation
Corner of U.S. Hwy No. 2 and Pine Loop Road
Sandpoint Co: Bonner ID 83864-
Landholding Agency: Energy
Property Number: 419420007
Status: Underutilized
Comment: 0.16 acres, near electrical substation, 30-foot wide strip
of land adjoining U.S. Hwy No. 2, most recent use--buffer area for
substation.
Portion
Former Farragut Naval Training Center
Athol Co: Kootenai ID 83801-
Landholding Agency: GSA
Property Number: 549230004
Status: Excess
Comment: 48.42 acres, former railroad right-of-way.
GSA Number: 9-GR(2)-ID-421C.
Illinois
VA Medical Center
3001 Green Bay Road
North Chicago Co: Lake IL 60064-
Landholding Agency: VA
Property Number: 979010082
Status: Underutilized
Comment: 2.5 acres, currently being used as a construction staging
area for the next 6-8 years, potential utilities.
Indiana
Portion, Cannelton Locks & Dam
Adjacent to Middle Creek Boat Launching Ramp Co: Floyd IN
Landholding Agency: GSA
Property Number: 549240008
Status: Excess
Comment: 28.65 acres with pumphouse, no utilities, periodic
flooding.
GSA Number: 2-D-IN-569-C
Iowa
C BAR J Ranch
\1/4\ mile south of River Rd. on Stagecoach Rd.
Ames Co: Story IA
Landholding Agency: GSA
Property Number: 159230002
Status: Unutilized
Comment: 24.5 acres w/bldgs.--animal, shops, barn, storage; wood and
metal frames; potential utils.; limestone quarry approx \3/4\ mi.
north, perform some blasting; fenced area w/locked gate.
GSA Number: 7-A-IA-493.
Michigan
VA Medical Center
5500 Armstrong Road
Battle Creek Co: Calhoun MI 49016-
Landholding Agency: VA
Property Number: 979010015
Status: Underutilized
Comment: 20 acres, used as exercise trails and storage areas,
potential utilities.
Minnesota
Bldg. 43 Land Site
VA Medical Center
54th Street & 48th Avenue South
Minneapolis Co: Hennepin MN 55417-
Landholding Agency: VA
Property Number: 979010005
Status: Underutilized
Comment: 8.9 acres, most recent use--parking, potential utilities.
Bldg. 227-229 Land
VA Medical Center
Fort Snelling
St. Paul Co: Hennepin MN 55111-
Landholding Agency: VA
Property Number: 979010006
Status: Underutilized
Comment: 2.0 acres, potential utilities, buildings occupied,
residence/garage.
VA Medical Center
Near 5629 Minnehaha Avenue
Minneapolis Co: Hennepin MN 55417-
Location: Land (Site of Building 15, 16, 21, 48, 64, T10)
Landholding Agency: VA
Property Number: 979010024
Status: Underutilized
Comment: 12.1 acres, most recent use--parking, potential utilities.
Land--12 acres
VAMC
Near 5629 Minnehaha Avenue
Minneapolis Co: Hennepin MN 55417-
Landholding Agency: VA
Property Number: 979010031
Status: Unutilized
Comment: 12 acres, possible asbestos, leased to Department of
Natural Resources as a park walking trail.
Mississippi
Jackson Installation Waterway
Loflin Street
Jackson Co: Hinds MS 39209-
Landholding Agency: GSA
Property Number: 549340002
Status: Excess
Comment: 34.88 acres, gas pipeline runs along eastern boundary,
property is irregularly shaped, backs to a highway.
GSA Number: 4-GR(1)-MS-478B
New Mexico
Western Perimeter Tract
Los Alamos Co: Los Alamos NM
Landholding Agency: GSA
Property Number: 549310010
Status: Surplus
Comment: 194 acres, potential utilities, open area, no roadways
through property.
GSA Number: 7-B-NM-504-G, 7-GR(1)-NM-504-L.
New York
VA Medical Center
Fort Hill Avenue
Canandaigua Co: Ontario NY 14424-
Landholding Agency: VA
Property Number: 979010017
Status: Underutilized
Comment: 27.5 acres, used for school ballfield and parking, existing
utilities easements, portion leased.
Ohio
Portion, Camp Sherman Range
Approximately 1 mile north of Chillicothe
Springfield Co: Ross OH
Landholding Agency: GSA
Property Number: 549310004
Status: Excess
Comment: 4.674 acres, potential utilities, previously leased by non-
profit for homeless assistance use
GSA Number: 2-GR-OH-433B
Oklahoma
Parcel No. 18
Fort Gibson Lake
Section 12
Wagoner Co. Co: Wagoner OK
Landholding Agency: GSA
Property Number: 219013808
Status: Surplus
Comment: 8.77 acres; subject to grazing lease; most recent use--
recreation.
GSA Number: 7-D-OK-0442E-0004.
Parcel No. 100/GSA No. 13
Lake Texoma
Section 25, T7S, R5E
Enos Co: Marshall OK
Location: 1 mile northeast of Enos
Landholding Agency: GSA
Property Number: 319010440
Status: Excess
Comment: 11.77 acres; most recent use--recreation
GSA Number: 7-D-OK-507-H.
Parcel No. 58/GSA No. 7
Lake Texoma
Section 34 and Section 3 Co: Marshall OK
Location: About 2 miles northeast of Cumberland
Landholding Agency: GSA
Property Number: 319010460
Status: Surplus
Comment: 28.66 acres, most recent use--recreation.
GSA Number: 7-D-OK-507-H.
Parcel No. 44/GSA No. 4
Lake Texoma
Section 15, T5S, R7E Co: Johnston OK
Location: About \1/2\ mile southeast of Bee
Landholding Agency: GSA
Property Number: 319010475
Status: Excess
Comment: 14.98 acres, no utilities, most recent use--recreation
GSA Number: 7-D-OK-507-H.
Parcel No. 46/GSA No. 5
Lake Texoma
Section 15 and Section 16, T5S, R7E Co: Johnston OK
Location: About 1 mile southwest of Bee
Landholding Agency: GSA
Property Number: 319010477
Status: Excess
Comment: 23.91 acres, no utilities, most recent use--recreation.
GSA Number: 7-D-OK-507-H.
Parcel 7
Fort Gibson Lake
Section 6 Co: Cherokee OK 74434
Landholding Agency: GSA
Property Number: 319010869
Status: Surplus
Comment: 16.31 acres; potential utilities; most recent use--
recreational and development.
GSA Number: 7-D-OK-0442E-0001.
Parcel 14
Fort Gibson Lake
Section 20 Co: Cherokee OK 74434
Landholding Agency: GSA
Property Number: 319010870
Status: Surplus
Comment: 52.09 acres, potential utilities; subject to haying/grazing
leases; most recent use--recreational.
GSA Number: 7-D-OK-0442E-0002.
Parcel 15
Fort Gibson Lake
Section 22 Co: Cherokee OK 74434
Landholding Agency: GSA
Property Number: 319010871
Status: Surplus
Comment: 7.51 acres, potential utilities; most recent use--
recreational.
GSA Number: 7-D-OK-0442E-0003.
Parcel 28
Fort Gibson Lake
Section 35 Co: Mayes OK 74434
Landholding Agency: GSA
Property Number: 319010877
Status: Surplus
Comment: 36.59 acres, potential utilities; most recent use--
recreational.
GSA Number: 7-D-OK-0442E-0005.
Parcel 75
Fort Gibson Lake
Section 16 Co: Mayes OK 74434
Landholding Agency: GSA
Property Number: 319010887
Status: Surplus
Comment: 45 acres, potential utilities; subject to haying lease and
flowage easement; most recent use--recreational.
GSA Number: 7-D-OK-0442E-0009.
Parcel 88
Fort Gibson Lake
Section 7 Co: Wagoner, OK 74434
Landholding Agency: GSA
Property Number: 319010899
Status: Surplus
Comment: 14 acres; potential utilities; subject to grazing lease;
most recent use--recreational.
GSA Number: 7-D-OK-0442E-0010.
Parcel 89
Fort Gibson Lake
Section 7 Co: Wagoner, OK 74434
Landholding Agency: GSA
Property Number: 319010900
Status: Surplus
Comment: 16 acres; potential utilities; subject to grazing lease and
flowage easement; most recent use--recreational.
GSA Number: 7-D-OK-0442E-0011.
Parcel 95
Fort Gibson Lake
Section 33 Co: Wagoner, OK 74434
Landholding Agency: GSA
Property Number: 319010906
Status: Surplus
Comment: 8 acres; potential utilities; most recent use--
recreational.
GSA Number: 7-D-OK-0442E-0012.
Parcel No. 13/GSA No. 1
Lake Texoma
Section 7, T7S, R8E Co: Bryan, OK
Location: Approximately 2 miles south of Mead, OK.
Landholding Agency: GSA
Property Number: 319011345
Status: Excess
Comment: 26.76 acres, most recent use--recreation.
GSA Number: 7-D-OK-507-H.
Parcel No. 21/GSA No. 2
Lake Texoma
Section 3 T7S, R7E Co: Bryan, OK
Location: Approximately 5 miles southwest of Mead, OK.
Landholding Agency: GSA
Property Number: 319011352
Status: Excess
Comment: 41.16 acres, most recent use--recreation.
GSA Number: 7-D-OK-507-H.
Parcel No. 23/GSA No. 3
Lake Texoma
Section 34, T7S, R7E Co: Bryan, OK
Location: Approximately 3\1/2\ miles west of Mead, OK.
Landholding Agency: GSA
Property Number: 319011354
Status: Excess
Comment: 9 acres, most recent use--recreation.
GSA Number: 7-D-OK-507-H.
Parcel No. 43
Fort Gibson Lake
Section 11 Co: Mayes, OK 74434
Landholding Agency: GSA
Property Number: 319011371
Status: Surplus
Comment: 125 acres; potential utilities; portion subject to grazing
lease and flowage easements.
GSA Number: 7-D-OK-0442E-0006.
Parcel No. 49
Fort Gibson Lake
Section 15 Co: Mayes, OK 74434
Landholding Agency: GSA
Property Number: 319011377
Status: Surplus
Comment: 26.94 acres; potential utilities; portion subject to
grazing lease and flowage easements.
GSA Number: 7-D-OK-0442E-0007.
Parcel No. 61
Fort Gibson Lake
Section 13 Co: Mayes, OK 74434
Landholding Agency: GSA
Property Number: 319011389
Status: Surplus
Comment: 54 acres; potential utilities; subject to flowage easement;
most recent use--recreation.
GSA Number: 7-D-OK-0442E-0008.
Parcel No. 99
Fort Gibson Lake
Section 21 Co: Wagoner, OK 74434
Landholding Agency: GSA
Property Number: 319011400
Status: Surplus
Comment: 5 acres; small creek on land; most recent use--recreation.
GSA Number: 7-D-OK-0442E-0013.
Parcel 102
Fort Gibson Lake
Section 33 Co: Wagoner, OK 74434
Landholding Agency: GSA
Property Number: 319011403
Status: Excess
Comment: 7 acres; subject to grazing lease; most recent use--
recreation.
GSA Number: 7-D-OK-0442E-0014.
Parcel No. 54/GSA No. 6
Lake Texoma Co: Marshall, OK 73439-
Location: Section 17, 3\1/2\ miles north of Little City, OK
Landholding Agency: GSA
Property Number: 549210007
Status: Excess
Comment: 5.05 acres, potential utilities, most recent use--low
density recreation.
GSA Number: 7-D-OK-0507-H.
Parcel No. 63/GSA No. 8
Lake Texoma Co: Marshall OK 73439-
Location: Section 19, 3\1/2\ miles southwest of Cumberland, OK
Landholding Agency: GSA
Property Number: 549210008
Status: Excess
Comment: 40.32 acres, potential utilities, most recent use--low
density recreation.
GSA Number: 7-D-OK-0507-H.
Parcel No. 66/GSA No. 9
Lake Texoma Co: Marshall OK 73439-
Location: Sections 12 and 13, 2\1/2\ miles southwest of Cumberland,
OK
Landholding Agency: GSA
Property Number: 549210009
Status: Excess
Comment: 14.05 acres, potential utilities, most recent use--low
density recreation/natural gas well and pipelines.
GSA Number: 7-D-OK-0507-H.
Parcel No. 78/GSA No. 11
Lake Texoma Co: Marshall OK 73439-
Location: Section 24, 1 mile east of McBride, OK
Landholding Agency: GSA
Property Number: 549210010
Status: Excess
Comment: 30.28 acres, potential utilities, most recent use--low
density recreation.
GSA Number: 7-D-OK-0507-H.
Parcel No. 86/GSA No. 12
Lake Texoma Co: Marshall OK 73439-
Location: Section 1824, 3\1/2\ miles south of Kingston, OK
Landholding Agency: GSA
Property Number: 549210011
Status: Excess
Comment: 13 acres, potential utilities, most recent use--low density
recreation.
GSA Number: 7-D-OK-0507-H.
Parcel No. 125/GSA No. 14
Lake Texoma Co: Marshall OK 73439-
Location: Section 17
Landholding Agency: GSA
Property Number: 549210012
Status: Excess
Comment: 11.24 acres, potential utilities, most recent use--low
density recreation.
GSA Number: 7-D-OK-0507-H.
Parcel No. 150/GSA No. 15
Lake Texoma Co: Marshall OK 73439-
Location: Section 6
Landholding Agency: GSA
Property Number: 549210013
Status: Excess
Comment: 12.64 acres, potential utilities, most recent use--low
density recreation.
GSA Number: 7-D-OK-0507-H.
Parcel No. 164/GSA No. 16
Lake Texoma Co: Love OK 73441-
Location: Section 3
Landholding Agency: GSA
Property Number: 549210014
Status: Excess
Comment: 40.20 acres, potential utilities, most recent use--low
density recreation
GSA Number: 7-D-OK-0507-H.
Parcel No. 165/GSA No. 17
Lake Texoma Co: Love OK 73441-
Location: Section 3
Landholding Agency: GSA
Property Number: 549210015
Status: Excess
Comment: 32.62 acres, potential utilities, most recent use--low
density recreation.
GSA Number: 7-D-OK-0507-H.
Parcel No. 166/GSA No. 18
Lake Texoma Co: Love OK 73441-
Location: Section 10
Landholding Agency: GSA
Property Number: 549210016
Status: Excess
Comment: 62.61 acres, potential utilities, most recent use--low
density recreation.
GSA Number: 7-D-OK-0507-H.
Parcel No. 68/GSA No. 10
Lake Texoma, Sect. 11 T6S, R6E
Cumberland Co: Marshall OK
Landholding Agency: GSA
Property Number: 549240010
Status: Excess
Comment: 29.76 acres, most recent use--recreation.
GSA Number: 7-D-OK-0507-H.
Pennsylvania
VA Medical Center
New Castle Road
Butler Co: Butler PA 16001-
Landholding Agency: VA
Property Number: 979010016
Status: Underutilized
Comment: Approx. 9.29 acres, used for patient recreation, potential
utilities.
Land No. 645
VA. Medical Center
Highland Drive
Pittsburgh Co: Allegheny PA 15206-
Location: Between Campania and Wiltsie Streets.
Landholding Agency: VA
Property Number: 979010080
Status: Unutilized
Comment: 41.97 acres, heavily wooded, property includes dump area
and numerous site storm drain outfalls.
Land--34.16 acres
VA Medical Center
1400 Black Horse Hill Road
Coatesville Co: Chester PA 19320-
Landholding Agency: VA
Property Number: 979340001
Status: Underutilized
Comment: 34.16 acres, open field, most recent use--recreation/
buffer.
Texas
Parcel #185/GSA No. 19
Lake Texoma Co: Cooke TX
Location: Robert Firinash survey A-368
Landholding Agency: GSA
Property Number: 319010405
Status: Excess
Comment: 31.64 acres, most recent use--recreation.
GSA Number: 7-D-OK-507-H.
Part of Tract E-434
FM Hwy 720 (Lewisville Lake)
Little Elm Co: Denton TX 75068-
Landholding Agency: GSA
Property Number: 319310005
Status: Excess
Comment: 0.375 acre, frontage on paved highway.
GSA Number: 7-D-TX-510-L.
Parcel No. 201
Lake Texoma Co: Grayson TX
Landholding Agency: GSA
Property Number: 549320007
Status: Excess
Comment: 8.07 acres, most recent use--low density recreation, upland
timber wildlife habitat.
GSA Number: 7-D-OK-0507-H.
Parcel No. 203
Lake Texoma Co: Grayson TX
Landholding Agency: GSA
Property Number: 549320008
Status: Excess
Comment: 62.36 acres, most recent use--low density recreation and
grazing.
GSA Number: 7-D-OK-0507-H.
Parcel No. 205
Lake Texoma Co: Grayson TX
Landholding Agency: GSA
Property Number: 549320009
Status: Excess
Comment: 11.18 acres, most recent use--low density recreation and
grazing.
GSA Number: 7-D-OK-0507-H.
Parcel No. 209
Lake Texoma Co: Grayson TX
Landholding Agency: GSA
Property Number: 549320010
Status: Excess
Comment: 12.67 acres, most recent use--low density recreation and
grazing.
GSA Number: 7-D-OK-05707-H.
Virginia
Rutherford Coleman Estate
Goodwin Farm
Norwood Co: Nelson VA 24581-
Landholding Agency: GSA
Property Number: 549410002
Status: Excess
Comment: 468.25 acres, most recent use--timber cutting, some areas
environmentally protected.
GSA Number: 4-G-VA-691.
Naval Base
Norfolk Co: Norfolk VA 23508-
Location: Northeast corner of base, near Willoughby housing area.
Landholding Agency: Navy
Property Number: 779010156
Status: Unutilized
Comment: 60 acres; most recent use--sandpit; secured area with
alternate access.
Washington
Land
Off Interstate 5/Taylor Way & East-West Rd.
Tacoma Co: Pierce WA 98421-
Landholding Agency: Energy
Property Number: 419420003
Status: Underutilized
Comment: 2.99 acres, transmission line right of way, easement
restrictions, includes 2 steel transmission towers, superfund
cleanup site.
Wyoming
Wind Site A
Medicine Bow Co: Carbon WY 82329-
Location: 3 miles south and 2 miles west of Medicine Bow
Landholding Agency: GSA
Property Number: 419030010
Status: Excess
Comment: 46.75 acres, limitation-easement restrictions.
Suitable/To Be Excessed
Buildings (by State)
California
Bldg. 100
Naval Facilities Point Sur
CVB Detachment
Monterey Co: Monterey CA 93940-
Landholding Agency: Navy
Property Number: 779010259
Status: Unutilized
Comment: 2628 sq. ft.; 1 story permanent bldg; possible asbestos;
secure facility with alternate access; use--office space.
Bldg. 102
Naval Facilities Point Sur
CVB Detachment
Monterey Co: Monterey CA 93940-
Landholding Agency: Navy
Property Number: 779010260
Status: Unutilized
Comment: 580 sq. ft.; 1 story permanent bldg; possible asbestos;
secure facility with alternate access; most recent use--office.
Bldg. 103
Naval Facilities Point Sur
CVB Detachment
Monterey Co: Monterey CA 93940-
Landholding Agency: Navy
Property Number: 779010261
Status: Unutilized
Comment: 3675 sq. ft.; 1 story permanent bldg; possible asbestos;
secure facility with alternate access; most recent use--dining hall.
Bldg. 109
Naval Facilities Point Sur
CVB Detachment
Monterey Co: Monterey CA 93940-
Landholding Agency: Navy
Property Number: 779010262
Status: Unutilized
Comment: 1045 sq. ft.; 2 story permanent bldg; possible asbestos;
secure facility with alternate access; most recent use--barracks.
Bldg. 110
Naval Facilities Point Sur
CVB Detachment
Monterey Co: Monterey CA 93940-
Landholding Agency: Navy
Property Number: 779010263
Status: Unutilized
Comment: 4439 sq. ft.; 1 story permanent bldg; possible asbestos;
secure facility with alternate access; most recent use--shop.
Bldg. 113
Naval Facilities Point Sur
CVB Detachment
Monterey Co: Monterey CA 93940-
Landholding Agency: Navy
Property Number: 779010264
Status: Unutilized
Comment: 100 sq. ft.; 1 story permanent bldg; secured facilities
with alternate access; most recent use--storage.
Bldg. 138
Naval Facilities Point Sur
CVB Detachment
Monterey Co: Monterey CA 93940-
Landholding Agency: Navy
Property Number: 779010265
Status: Unutilized
Comment: 110 sq. ft.; 1 story permanent bldg; possible asbestos;
secure facility with alternate access; most recent use--filling
station.
Bldg. 144
Naval Facilities Point Sur
CVB Detachment
Monterey Co: Monterey CA 93940-
Landholding Agency: Navy
Property Number: 779010266
Status: Unutilized
Comment: 4320 sq. ft.; 1 story semi-permanent bldg; possible
asbestos; secure facility with alternate access; most recent use--
bowling alley.
Bldg. 145
Naval Facilities Point Sur
CVB Detachment
Monterey Co: Monterey CA 93940-
Landholding Agency: Navy
Property Number: 779010267
Status: Unutilized
Comment: 4000 sq. ft.; 1 story semi-permanent bldg; possible
asbestos; secure facility with alternate access; most recent use--
recreation building.
Washington
Quarters No. 1204
604 S. Maple
Warden Co: Grant WA 98857-
Landholding Agency: Interior
Property Number: 619330001
Status: Excess
Comment: 850 sq. ft., one story frame residence, asbestos siding.
Quarters No. 1208
608 S. Maple
Warden Co: Grant WA 98857-
Landholding Agency: Interior
Property Number: 619330002
Status: Excess
Comment: 709 sq. ft., one story frame residence, asbestos siding.
Quarters No. 1301
3 SE and N Warden Road
Warden Co: Grant WA 98857-
Landholding Agency: Interior
Property Number: 619330003
Status: Exc
FR Doc. 94-21400 Federal Property Suitable as Facilities to Assist the Homeless
ess Comment: 709 sq. ft., one story frame residence on 4.9 acres, asbestos siding. Land (by State) Illinois Libertyville Training Site Libertyville Co: Lake IL 60048- Landholding Agency: Navy Property Number: 779010073 Status: Excess Comment: 114 acres; possible radiation hazard; existing FAA use license. Michigan Marine Corps Reserve Center 3109 Collingwood Parkway Flint MI 48502- Landholding Agency: Navy Property Number: 779240019 Status: Excess Comment: 5 acres, previously had four bldgs on it. Minnesota Land around Bldg. 240-249, 253 VA Medical Center Fort Snelling St. Paul Co: Hennepin MN 55111- Landholding Agency: VA Property Number: 979010007 Status: Unutilized Comment: 3.76 acres, potential utilities. Unsuitable Properties Buildings (by State) Alaska Sand Shed, Map Grid 45024 Naval Air Station Adak Co: Adak AK 98791- Landholding Agency: Navy Property Number: 779120004 Status: Unutilized Reason: Secured Area. LORAN Station, Map Grid 09L11 Naval Air Station Adak Co: Adak AK 98791- Landholding Agency: Navy Property Number: 779120006 Status: Unutilized Reason: Secured Area. Bldg. 10196 Naval Security Group Activity Adak Co: Adak AK 98791- Landholding Agency: Navy Property Number: 779310021 Status: Unutilized Reason: Secured Area. Bldg. 10517 Naval Security Group Activity Adak Co: Adak AK 98791- Landholding Agency: Navy Property Number: 779310022 Status: Unutilized Reason: Secured Area. Bldg. 10518 Naval Security Group Activity Adak Co: Adak AK 98791- Landholding Agency: Navy Property Number: 779310023 Status: Unutilized Reason: Secured Area. Bldg. 10535 Naval Security Group Activity Adak Co: Adak AK 98791- Landholding Agency: Navy Property Number: 779310024 Status: Unutilized Reason: Secured Area. Bldg. 10538 Naval Security Group Activity Adak Co: Adak AK 98791- Landholding Agency: Navy Property Number: 779310025 Status: Unutilized Reason: Secured Area. Bldg. 10539 Naval Security Group Activity Adak Co: Adak AK 98791- Landholding Agency: Navy Property Number: 779310026 Status: Unutilized Reason: Secured Area. Bldg. 10540 Naval Security Group Activity Adak Co: Adak AK 98791- Landholding Agency: Navy Property Number: 779310027 Status: Unutilized Reason: Secured Area. Bldg. 10603 Naval Security Group Activity Adak Co: Adak AK 98791- Landholding Agency: Navy Property Number: 779310028 Status: Unutilized Reason: Secured Area. Arizona Residence No. 52 Juniper Hill Street Grand Canyon Co: Coconino, AZ 86023- Landholding Agency: Interior Property Number: 619430005 Status: Unutilized Reason: Extensive deterioration. California Former Naval Research Bldg. Pasadena Co: Los Angeles, CA 91106- Landholding Agency: GSA Property Number: 549430001 Status: Excess Reason: Extensive deterioration GSA Number: 9-N-CA-1304A. NW Seal Rock & Lighthouse St. George Reef Co: Del Norte, CA Landholding Agency: GSA Property Number: 549430012 Status: Excess Reason: Other Comment: Inaccessible GSA Number: 9-U-CA-556B. Lava Beds National Monument Indian Well Headquarters Area Tulelake Co: Siskiyou, CA 96134- Landholding Agency: Interior Property Number: 619430004 Status: Unutilized Reason: Extensive deterioration. Mary Speelman Residence Hiouchi Co: Del Norte, CA 95531- Landholding Agency: Interior Property Number: 619430006 Status: Excess Reason: Extensive deterioration. Bldg. 105 Naval FPS, CVB Detachment Monterey Co: Monterey, CA 93940- Landholding Agency: Navy Property Number: 779010159 Status: Unutilized Reason: Within 2,000 ft, of flammable or explosive material. Bldg. 165 Naval FPS, CVB Detachment Monterey Co: Monterey, CA 93940- Landholding Agency: Navy Property Number: 779010160 Status: Unutilized Reason: Within 2,000 ft. of flammable or explosive material. Bldg. 146 Naval Facilities Point Sur CVB Detachment Monterey Co: Monterey, CA 93940- Landholding Agency: Navy Property Number: 779010268 Status: Unutilized Reason: Other Comment: sewer treatment facility. Bldg. 31104 Naval Air Weapons Station China Lake Co: San Bernardino, CA 93555- Landholding Agency: Navy Property Number: 779340003 Status: Unutilized Reason: Secured Area. Bldg. 31107 Naval Air Weapons Station China Lake Co: San Bernardino, CA 93555- Landholding Agency: Navy Property Number: 779420001 Status: Unutilized Reason: Secured Area. Florida East Martello Bunker No. 1 Naval Air Station Key West Co: Monroe, FL 33040- Landholding Agency: Navy Property Number: 779010101 Status: Excess Reason: Within airport runway clear zone. Georgia Naval Submarine Base--Kings Bay 1011 USS Daniel Boone Avenue Kings Bay Co: Camden, GA 31547- Landholding Agency: Navy Property Number: 779010107 Status: Unutilized Reason: Secured Area. Guam Bldg. 96 U.S. Naval Ship Repair Facility PSC 455 Co: Box 191, FPO AP GU 96540-1400 Landholding Agency: Navy Property Number: 779240018 Status: Unutilized Reason: Extensive deterioration. Bldg. 247, US Naval Magazine Admin Area Map Grid D8 Naval Magazine GU 96541-1300 Landholding Agency: Navy Property Number: 779430018 Status: Unutilized Reason: Secured Area; Extensive deterioration. Hawaii Bldg. 126, Naval Magazine Waikele Branch Lualualei Co: Oahu HI 96792- Landholding Agency: Navy Property Number: 779230012 Status: Unutilized Reason: Secured Area; Within 2000 ft. of flammable or explosive material; Other Comment: Extensive Deterioration. Bldg. Q75, Naval Magazine Lualualei Branch Lualualei Co: Oahu HI 96792- Landholding Agency: Navy Property Number: 779230013 Status: Unutilized Reason: Secured Area; Other Comment: Extensive Deterioration. Bldg. 7, Naval Magazine Lualualei Branch Lualualei Co: Oahu HI 96792- Landholding Agency: Navy Property Number: 779230014 Status: Unutilized Reason: Secured Area; Other Comment: Extensive Deterioration. Facility 189, Naval Air Facil. Midway Island Pearl Harbor HI 96516- Landholding Agency: Navy Property Number: 779310045 Status: Unutilized Reason: Extensive deterioration; Secured Area. Facility 342, Naval Air Facil. Midway Island Pearl Harbor HI 96516- Landholding Agency: Navy Property Number: 779310046 Status: Unutilized Reason: Extensive deterioration; Secured Area. Facility 343, Naval Air Facil. Midway Island Pearl Harbor HI 96516- Landholding Agency: Navy Property Number: 779310047 Status: Unutilized Reason: Extensive deterioration; Secured Area. Facility S6194 Naval Air Facility Midway Island Pearl Harbor HI 96516- Landholding Agency: Navy Property Number: 779310048 Status: Unutilized Reason: Extensive deterioration; Secured Area. Facility S7124 Naval Air Facility Midway Island Pearl Harbor HI 96516- Landholding Agency: Navy Property Number: 779310049 Status: Unutilized Reason: Extensive deterioration; Secured Area. Facility 5985 Naval Station Pearl Harbor Honolulu Co: Honolulu HI 96860- Landholding Agency: Navy Property Number: 779310086 Status: Excess Reason: Extensive deterioration. Bldg. 6, Pearl Harbor Richardson Recreational Area Honolulu Co: Honolulu HI 96860- Landholding Agency: Navy Property Number: 779410003 Status: Unutilized Reason: Extensive deterioration. Bldg. 10, Pearl Harbor Richardson Recreational Area Honolulu Co: Honolulu HI 96860- Landholding Agency: Navy Property Number: 779410004 Status: Unutilized Reason: Extensive deterioration. Illinois Bldg. 928 Naval Training Center Great Lakes Great Lakes Co: Lake IL 60088- Landholding Agency: Navy Property Number: 779010120 Status: Underutilized Reason: Secured Area. Bldg. 28 Naval Training Center Great Lakes Great Lakes Co: Lake IL 60088- Landholding Agency: Navy Property Number: 779010123 Status: Unutilized Reason: Secured Area Bldg. 25 Naval Training Center Great Lakes Great Lakes Co: Lake IL 60088- Landholding Agency: Navy Property Number: 779010126 Status: Unutilized Reason: Secured Area. South Wing--Building No. 62 Great Lakes Co: Lake IL 60088-5000 Landholding Agency: Navy Property Number: 779110001 Status: Underutilized Reason: Secured Area. Bldg. 235 Naval Training Center Great Lakes Co: Lake IL Landholding Agency: Navy Property Number: 779310039 Status: Unutilized Reason: Secured Area. Bldg. 2B Naval Training Center Great Lakes Co: Lake IL Landholding Agency: Navy Property Number: 779310040 Status: Unutilized Reason: Secured Area. Bldg. 90 Naval Training Center Great Lakes Co: Lake IL Landholding Agency: Navy Property Number: 779310041 Status: Unutilized Reason: Secured Area. Bldg. 232 Naval Training Center Great Lakes Co: Lake IL Landholding Agency: Navy Property Number: 779310042 Status: Unutilized Reason: Secured Area. Bldg. 233 Naval Training Center Great Lakes Co: Lake IL Landholding Agency: Navy Property Number: 779310043 Status: Unutilized Reason: Secured Area. Bldg. 234 Naval Training Center Great Lakes Co: Lake IL Landholding Agency: Navy Property Number: 779310044 Status: Unutilized Reason: Secured Area. Indiana Bldg. 21, VA Medical Center East 38th Street Marion Co: Grant IN 46952- Landholding Agency: VA Property Number: 979230001 Status: Underutilized Reason: Extensive deterioration Bldg. 22, VA Medical Center East 38th Street Marion Co: Grant IN 46952- Landholding Agency: VA Property Number: 979230002 Status: Underutilized Reason: Extensive deterioration Bldg. 62, VA Medical Center East 38th Street Marion Co: Grant IN 46952- Landholding Agency: VA Property Number: 979230003 Status: Underutilized Reason: Extensive deterioration Maine Bldg. 293, Naval Air Station Brunswick Co: Cumberland ME 04011- Landholding Agency: Navy Property Number: 779240015 Status: Excess Reason: Secured Area. Bldg. 384 Naval Air Station Topsham Brunswick Co: Sagadahoc ME Landholding Agency: Navy Property Number: 779340001 Status: Unutilized Reason: Extensive deterioration. Massachusetts NPS Tract 245-36 Former Heath Property Horse Barn Tyringham Co: Berkshire MA 01264- Landholding Agency: Interior Property Number: 619430008 Status: Excess Reason: Extensive deterioration. Storage Shed Highland Light N. Truro Co: Barnstable MA 02652- Landholding Agency: DOT Property Number: 879430004 Status: Unutilized Reason: Extensive deterioration. Minnesota Naval Weapons Industrial Reserve Plant 1902 West Minnehaha St. Paul Co: Ramsey MN Landholding Agency: GSA Property Number: 549410004 Status: Excess Reason: Within 2000 ft. of flammable or explosive material. GSA Number: 2-N-MN-559. Mississippi Bldg. 6, Boiler Plant Biloxi VA Medical Center Biloxi Co: Harrison MS 39531- Landholding Agency: VA Property Number: 979410001 Status: Unutilized Reason: Floodway. Bldg. 51 Biloxi VA Medical Center Biloxi Co: Harrison MS 39531- Landholding Agency: VA Property Number: 979410002 Status: Unutilized Reason: Extensive deterioration. Bldg. 52 Biloxi VA Medical Center Biloxi Co: Harrison MS 39531- Landholding Agency: VA Property Number: 979410003 Status: Unutilized Reason: Extensive deterioration. Bldg. 53 Biloxi VA Medical Center Biloxi Co: Harrison MS 39531- Landholding Agency: VA Property Number: 979410004 Status: Unutilized Reason: Extensive deterioration. Bldg. 54 Biloxi VA Medical Center Biloxi Co: Harrison MS 39531- Landholding Agency: VA Property Number: 979410005 Status: Unutilized Reason: Extensive deterioration. Bldg. 55 Biloxi VA Medical Center Biloxi Co: Harrison MS 39531- Landholding Agency: VA Property Number: 979410006 Status: Unutilized Reason: Extensive deterioration. Bldg. 56 Biloxi VA Medical Center Biloxi Co: Harrison MS 39531- Landholding Agency: VA Property Number: 979410007 Status: Unutilized Reason: Extensive deterioration. Bldg. 67 Biloxi VA Medical Center Biloxi Co: Harrison MS 39531- Landholding Agency: VA Property Number: 979410008 Status: Unutilized Reason: Extensive deterioration. Bldg. 68 Biloxi VA Medical Center Biloxi Co: Harrison MS 39531- Landholding Agency: VA Property Number: 979410009 Status: Unutilized Reason: Extensive deterioration. Bldg. 107 Biloxi VA Medical Center Biloxi Co: Harrison MS 39531- Landholding Agency: VA Property Number: 979410010 Status: Unutilized Reason: Extensive deterioration. Montana Sioux Pass Radio Relay Tower 17 Miles South of Culbertson Co: Richland MT 57212- Landholding Agency: GSA Property Number: 549320012 Status: Excess Reason: Other Comment: No public access GSA Number: 7-B-SD-495-A. New Mexico McMillan Residence C/O Petroglyph National Monument 4735 Unser Blvd., NW Albuquerque Co: Bernalillo NM 87120- Landholding Agency: Interior Property Number: 619430007 Status: Excess Reason: Extensive deterioration. New York Bldg. 529 107 Brookhaven Avenue Upton Co: Suffolk NY 11973- Landholding Agency: Energy Property Number: 419420001 Status: Unutilized Reason: Extensive deterioration. Bldg. 195 71 Princeton Avenue Upton Co: Suffolk NY 11973- Landholding Agency: Energy Property Number: 419420004 Status: Excess Reason: Extensive deterioration. Bldg. 196 31 S. Grove Street Upton Co: Suffolk NY 11973- Landholding Agency: Energy Property Number: 419420005 Status: Excess Reason: Extensive deterioration. Bldg. 562B (Silo) 11 N. Fifth Street Upton Co: Suffolk NY 11973- Landholding Agency: Energy Property Number: 419420006 Status: Excess Reason: Extensive deterioration. North Carolina Bldg. SH-7 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410017 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. SH-11 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410018 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. SH-13 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410019 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. SH-16 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410020 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. SH-17 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410021 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. SH-21 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410022 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. SH-31 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410023 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. SSH-10 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410024 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. AS-209 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410025 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. AS-589 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410026 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. AS-590 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410027 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. AS-4138 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410028 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. AS-4139 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410029 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. 867 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410030 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. 939 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410031 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. 940 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410032 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. H-38 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410033 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. SM-173 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410034 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. 1744 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779410035 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. PT-42 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779420002 Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. S-93 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779420003 Status: Unutilized Reason: Secured Area. Bldg. TC-910 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779420004 Status: Unutilized Reason: Extensive deterioration. Bldg. S-942 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779420005 Status: Unutilized Reason: Extensive deterioration. Bldg. S-1213 Marine Corps Base Camp Lejeune Co: Onslow NC 28542-0004 Landholding Agency: Navy Property Number: 779420006 Status: Unutilized Reason: Extensive deterioration. Bldg. 79 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420008 Status: Excess Reason: Secured Area. Bldg. 281 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420009 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 282 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420010 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 88 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420011 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 98 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420012 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 99 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420013 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 1234 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420014 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 1235 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420015 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 1246 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420016 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 1390 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420017 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 1710 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420018 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 1742 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420019 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 1743 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420020 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 1744 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420021 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 1745 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420022 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 3450 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420023 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 8067 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420024 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 3546 Marine Corps Air Station Havelock Co: Craven NC 28533- Landholding Agency: Navy Property Number: 779420025 Status: Excess Reason: Secured Area; Extensive deterioration. Bldg. 9 VA Medical Center 1100 Tunnel Road Asheville Co: Buncombe NC 28805- Landholding Agency: VA Property Number: 979010008 Status: Underutilized Reason: Other Comment: Friable asbestos. Pennsylvania Tract 435 Grays Landing Lock & Dam Project Greensboro Co: Greene PA 15338- Landholding Agency: COE Property Number: 319430003 Status: Unutilized Reason: Extensive deterioration. Tract 427 Grays Landing Lock & Dam Project New Geneva Co: Fayette PA 15467- Landholding Agency: COE Property Number: 319430004 Status: Unutilized Reason: Extensive deterioration. Tract 426 Grays Landing Lock & Dam Project New Geneva Co: Fayette PA 15467- Landholding Agency: COE Property Number: 319430005 Status: Unutilized Reason: Extensive deterioration. Tract 405 Grays Landing Lock & Dam Project Greensboro Co: Greene PA 15338- Landholding Agency: COE Property Number: 319430006 Status: Unutilized Reason: Extensive deterioration. Tract 358 Grays Landing Lock & Dam Project Greensboro Co: Greene PA 15338- Landholding Agency: COE Property Number: 319430007 Status: Unutilized Reason: Extensive deterioration. Tract 356 Grays Landing Lock & Dam Project Greensboro Co: Greene PA 15338- Landholding Agency: COE Property Number: 319430008 Status: Unutilized Reason: Extensive deterioration. NPS Tract 366-22 Known as Pallet Factory Appalachian National Scenic Trail Boiling Springs Co: Cumberland PA 17007- Landholding Agency: Interior Property Number: 619430009 Status: Excess Reason: Extensive deterioration. Rhode Island Bldg. 32 Naval Underwater Systems Center Gould Island Annex Middletown Co: Newport RI 02840- Landholding Agency: Navy Property Number: 779010273 Status: Excess Reason: Secured Area. Tennessee Bldg. 60, VAMC Mountain Home Johnson Co: Washington TN 37604- Landholding Agency: VA Property Number: 979220005 Status: Unutilized Reason: Extensive deterioration. Texas Bldg. 14 Saginaw Army Aircraft Plant Saginaw Co: Tarrant TX 76070- Landholding Agency: GSA Property Number: 219014823 Status: Excess Reason: Other Comment: Pump house GSA Number: 7-D-TX-879A. Bldg. 2426 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010279 Status: Underutilized Reason: Floodway. Bldg. 2432 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010280 Status: Underutilized Reason: Floodway. Bldg. 2476 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010281 Status: Underutilized Reason: Floodway. Bldg. 2498 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010282 Status: Underutilized Reason: Floodway. Bldg. 2504 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010283 Status: Underutilized Reason: Floodway. Bldg. 1730 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010284 Status: Underutilized Reason: Floodway. Bldg. 2422 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010285 Status: Underutilized Reason: Floodway. Bldg. 2425 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010286 Status: Underutilized Reason: Floodway. Bldg. 2430 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010287 Status: Underutilized Reason: Floodway. Bldg. 2434 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010288 Status: Underutilized Reason: Floodway. Bldg. 2449 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010289 Status: Underutilized Reason: Floodway. Bldg. 2450 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010290 Status: Underutilized Reason: Floodway. Bldg. 2453 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010291 Status: Underutilized Reason: Floodway. Bldg. 2455 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010292 Status: Underutilized Reason: Floodway. Bldg. 2456 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010293 Status: Underutilized Reason: Floodway. Bldg. 2463 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010294 Status: Underutilized Reason: Floodway. Bldg. 2483 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010295 Status: Underutilized Reason: Floodway. Bldg. 2516 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010296 Status: Underutilized Reason: Floodway. Bldg. 2524 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010297 Status: Underutilized Reason: Floodway. Bldg. 2528 Laguna Shores Housing Area Corpus Christi Co: Nueces TX 78419- Landholding Agency: Navy Property Number: 779010298 Status: Underutilized Reason: Floodway. Bldg. 24 Olin E. Teague Veterans Center 1901 South 1st Street Temple Co: Bell TX 76504- Landholding Agency: VA Property Number: 979010050 Status: Unutilized Reason: Other Comment: Friable asbestos. Bldg. 25 Olin E. Teague Veterans Center 1901 South 1st Street Temple Co: Bell TX 76504- Landholding Agency: VA Property Number: 979010051 Status: Unutilized Reason: Other Comment: Friable asbestos. Bldg. 26 Olin E. Teague Veterans Center 1901 South 1st Street Temple Co: Bell TX 76504- Landholding Agency: VA Property Number: 979010052 Status: Unutilized Reason: Other Comment: Friable asbestos. Virginia Natl. Marine Fisheries Lab Greenbackville Co: Accomack VA 23356- Location: Off of County Road 679, Adjacent and south of Maryland- Virginia State Line; east of Greenbackville Landholding Agency: GSA Property Number: 549420005 Status: Excess Reason: Other Comment: Structural damage GSA Number: 4-C-VA-654(A). NPS Tract 477-08 Known as Wright House Appalachian National Scenic Trail Salem Co: Roanoke VA 24153- Landholding Agency: Interior Property Number: 619430010 Status: Excess Reason: Extensive deterioration. NPS Tract 477-08, Wright Shed Appalachian National Scenic Trail Salem Co: Roanoke VA 24153- Landholding Agency: Interior Property Number: 619430011 Status: Excess Reason: Extensive deterioration. Washington Bldg. 57 Naval Supply Center, Puget Sound Manchester Co: Kitsap WA 98353- Landholding Agency: Navy Property Number: 779010091 Status: Unutilized Reason: Within 2000 ft. of flammable or explosive material, Secured Area. Bldg. 47 (Report 1) Naval Supply Center, Puget Sound Manchester Co: Kitsap WA 98353- Landholding Agency: Navy Property Number: 779010230 Status: Unutilized Reason: Secured Area. Wyoming Bldg. 95 Medical Center N.W. of town at the end of Fort Road Sheridan Co: Sheridan WY 82801- Landholding Agency: VA Property Number: 979110004 Status: Unutilized Reason: Other Comment: Sewage digester for disposal plant. Bldg. 96 Medical Center N.W. of town at the end of Fort Road Sheridan Co: Sheridan WY 82801- Landholding Agency: VA Property Number: 979110005 Status: Unutilized Reason: Other Comment: Pump house for sewage disposal plant. Structure 99 Medical Center N.W. of town at the end of Fort Road Sheridan Co: Sheridan WY 82801- Landholding Agency: VA Property Number: 979110006 Status: Unutilized Reason: Other Comment: Mechanical screen for sewage disposal plant. Structure 100 Medical Center N.W. of town at the end of Fort Road Sheridan Co: Sheridan WY 82801- Landholding Agency: VA Property Number: 979110007 Status: Unutilized Reason: Other Comment: Dosing tank for sewage disposal plant. Structure 101 Medical Center N.W. of town at the end of Fort Road Sheridan Co: Sheridan WY 82801- Landholding Agency: VA Property Number: 979110008 Status: Unutilized Reason: Other Comment: Chlorination chamber for sewage disposal plant. Bldg. 97, Medical Center Sheridan Co: Sheridan WY 82801- Landholding Agency: VA Property Number: 979410011 Status: Unutilized Reason: Other Comment: Sewage disposal plant. Structure 98, Medical Center Sheridan Co: Sheridan WY 82801- Landholding Agency: VA Property Number: 979410012 Status: Unutilized Reason: Other Comment: Sludge bed/sewage disposal plant. Land (by State) Arizona Portion, Gila River Buckeye Co: Maricopa AZ 85337- Landholding Agency: GSA Property Number: 549240005 Status: Excess Reason: Floodway GSA Number: 9-GR-AZ-533. Salt River Vortac North of intersection of Price Rd. & 1st St. Mesa Co: Maricopa AZ 85201- Landholding Agency: GSA Property Number: 549330008 Status: Excess Reason: Other Comment: No legal access GSA Number: 9-U-AZ-624. Santa Fe Pacific Pipelines Avenue 7E North from Hwy. 95 Yuma Co: Yuma AZ 85364- Landholding Agency: Interior Property Number: 619420003 Status: Unutilized Reason: Secured Area. California Central Valley Project San Luis Drain Tracy Co: San Joaquin CA 95376- Landholding Agency: GSA Property Number: 549230003 Status: Excess Reason: Other Comment: Landlocked GSA Number: 9-I-CA-1325. Parcel B Santa Rosa Co: Sonoma CA Landholding Agency: GSA Property Number: 549310016 Status: Excess Reason: Other Comment: Sewage Treatment Plant GSA Number: 9-G-CA-580C. Portion of Lot 7 Former State of California Land/Stockpile Yreka Co: Siskiyou CA Landholding Agency: GSA Property Number: 549330006 Status: Excess Reason: Other Comment: Inaccessible GSA Number: 9-G-CA-956A. L-5 Pumping Station LaQuinta Co: Riverside CA 92253- Landholding Agency: Interior Property Number: 619420002 Status: Unutilized Reason: Secured Area; Other Comment: Pumping Station. DVA Medical Center 4951 Arroyo Road Livermore Co: Alameda CA 94550- Landholding Agency: VA Property Number: 979010023 Status: Unutilized Reason: Other Comment: 750,000 gallon water reservoir. Florida Boca Chica Field Naval Air Station Key West Co: Monroe FL 23040- Landholding Agency: Navy Property Number: 779010097 Status: Unutilized Reason: Floodway. East Martello Battery #2 Naval Air Station Key West Co: Monroe FL 33040- Landholding Agency: Navy Property Number: 779010275 Status: Excess Reason: Within airport runway clear zone. Wildlife Sanctuary, VAMC 10,000 Bay Pines Blvd. Bay Pines Co: Pinellas FL 33504- Landholding Agency: VA Property Number: 979230004 Status: Underutilized Reason: Other. Comment: Inaccessible. Georgia 25 acres Former Sandhill Stagefield Pineora Co: Effingham GA 31329- Landholding Agency: GSA Property Number: 549420001 Status: Excess Reason: Other. Comment: No legal access GSA Number: 4-GA-I-589C. Naval Submarine Base Grid G-5 to G-10 to Q-6 to P-2 Kings Bay Co: Camden GA 31547- Landholding Agency: Navy Property Number: 779010228 Status: Underutilized Reason: Secured Area. Illinois 1.6 acres of land Rock Island Arsenal South Shore Mississippi River Moline Pool Moline Co: Rock Island IL 61299- Landholding Agency: GSA Property Number: 549310009 Status: Surplus Reason: Floodway. GSA Number: 2-D-IL-620-B. Louisiana Land--3.4 acres VA Medical Center 2501 Shreveport Highway Alexandria Co: Rapides LA 71301- Landholding Agency: VA Property Number: 979010010 Status: Unutilized Reason: Within 2000 ft. of flammable or explosive material. Maryland 5,635 sq. ft. of land Solomon's Annex Solomon's MD Landholding Agency: Navy Property Number: 779230001 Status: Excess Reason: Other. Comment: Drainage Ditch. Minnesota VAMC VA Medical Center 4801 8th Street No. St. Cloud Co: Sterns MN 56303- Landholding Agency: VA Property Number: 979010049 Status: Underutilized Reason: Within 2000 ft. of flammable or explosive material. Montana Sherryl Tap Point Site 3 miles south of Drummond, MT Co: Granite MT Landholding Agency: GSA Property Number: 549240006 Status: Excess Reason: Other. Comment: Inaccessible GSA Number: 7-B-MT-0598. New York Tract 1 VA Medical Center Bath Co: Steuben NY 14810- Location: Exit 38 off New York State Route 17. Landholding Agency: VA Property Number: 979010011 Status: Unutilized Reason: Secured Area. Tract 2 VA Medical Center Bath Co: Steuben NY 14810- Location: Exit 38 off New York State Route 17. Landholding Agency: VA Property Number: 979010012 Status: Underutilized Reason: Secured Area. Tract 3 VA Medical Center Bath Co: Steuben NY 14810- Location: Exit 38 off New York State Route 17. Landholding Agency: VA Property Number: 979010013 Status: Underutilized Reason: Secured Area. Tract 4 VA Medical Center Bath Co: Steuben NY 14810- Location: Exit 38 off New York State Route 17. Landholding Agency: VA Property Number 979010014 Status: Unutilized Reason: Secured Area. Oregon Tract 108 (Portion of) Willow Creek Lake Project Heppner Co: Morrow OR 77836- Location: Located up hill from the left abutment of the dam structure. Landholding Agency: GSA Property Number: 319011687 Status: Excess Reason: Other Comment: Inaccessible GSA Number: 9-D-OR-708. Reedsport Substation North 22nd Street Reedsport Co: Douglas OR 97467- Landholding Agency: GSA Property Number: 549310003 Status: Excess Reason: Other Comment: Inaccessible GSA Number: 9-B-OR-701. Puerto Rico 119.3 acres Culebra Island PR 00775- Landholding Agency: Interior Property Number: 619210001 Status: Excess Reason: Floodway. Destino Tract Eastern Maneuver Area Vieques PR 00765- Landholding Agency: Navy Property Number: 779240016 Status: Excess Reason: Other. Comment: Inaccessible. Punta Figueras--Naval Station Ceiba PR 00735- Landholding Agency: Navy Property Number: 779240017 Status: Excess Reason: Floodway. South Carolina Land--2.66 acres Port Royal Co: Beaufort SC 29902-6148 Landholding Agency: GSA Property Number: 549240009 Status: Excess Reason: Floodway. Washington Land (Report 2), 234 acres Naval Supply Center, Puget Sound Manchester Co: Kitsap WA 98353- Landholding Agency: Navy Property Number: 779010231 Status: Unutilized Reason: Secured Area. [FR Doc. 94-21400 Filed 9-1-94; 8:45 am] BILLING CODE 4210-29-M
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